Part-Time Or Guest Faculty Cannot Substitute Full-Time Assistant Professors: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that part-time or guest faculty cannot be used as substitutes for whole-time Assistant Professors required to teach multiple subjects in the Faculty of Law.The Court emphasised that while universities may engage part-time experts for specialised or newly introduced subjects, these arrangements cannot replace the necessity of...

“Drug Traffickers Inflict Deadly Blow On Youth”: J&K&L High Court Rejects Bail In Commercial Quantity NDPS Case

The Jammu & Kashmir and Ladakh High Court has reiterated that drug traffickers inflict a deadly blow on the youth and are a hazard to society, and the social cost of permitting such offenders to re-enter the community, even temporarily, is immeasurable.With these observations, Justice Wasim Sadiq Nargal on Friday dismissed the bail application of a 27-year-old accused from whose possession...

Dismissal Of SLP Does Not Attract Doctrine Of Merger Though Reasons Stated May Operate As Declaration Of Law Under Article 141: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has observed that dismissal of a Special Leave Petition (SLP), whether by a speaking or non-speaking order, does not lead to merger of the impugned order with the Supreme Court's order. The Court observed that only when leave is granted and appellate jurisdiction is exercised does the doctrine of merger apply.The Court was hearing two review...

J&K Arms Licence Scam: MHA Says Prosecution Sanction Against IAS Officers Under Active Consideration; High Court Grants Adjournment

In a fresh development in the Arms Licences Scam monitored by the Jammu & Kashmir and Ladakh High Court, the Union Government on Thursday informed the Division Bench that the question of granting prosecution sanction against several IAS officers is under active consideration of the Ministry of Home Affairs and that a formal decision is likely to be reached in the immediate...

J&K&L High Court Upholds Land Proprietary Rights For Persons Recorded As 'Assamis' Under Command Order Issued By Maharaja In 1933

The High Court of Jammu & Kashmir and Ladakh has clarified that persons recorded as “Assamis” in the relevant revenue record are to be treated as having been conferred proprietary and ownership rights under the Command Order promulgated by the then Maharaja in the year 1933.The High Court held that such conferment is complete in itself and cannot be defeated by subsequent actions...

Executing Court Duty Bound To Adjudicate Claims Even By Non-Parties U/S 47 CPC: J&K&L High Court

Shedding light on the scope of execution proceedings, the High Court of Jammu & Kashmir and Ladakh has held that an executing court is bound to adjudicate upon the claim of an objector and record a finding allowing or rejecting the said claim even if the objector was neither a party to the earlier proceedings nor the decree was passed against him. “… No separate suit can be...

Courts Cannot Segregate Components Of Composite Contracts To Enforce MSMED Act Compliance: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that it is impermissible for a court to sever or separate the various components of a composite “Supply-Installation-Testing” (SIT) contract solely to ensure compliance with the MSMED Act or the Public Procurement Policy of 2012.The High Court observed that tender formulation and contract design fall exclusively within the...

J&K&L High Court Puts Govt On Final Notice, Grants 4 Weeks To Decide On Ex-Legislators Occupying Govt Quarters Despite Demitting Office

Aiming a fast tracking action on the long pending issue of Government accommodations occupied by high-profile political figures, the High Court of Jammu & Kashmir and Ladakh has granted the Estates Department a last and final extension of four weeks to act on the recommendations of the Designated Committee relating to the official quarters of former Chief Minister Ghulam Nabi Azad and...

Offences Under Drugs & Cosmetics Act Punishable Up To Three Years Triable By Specially Empowered Magistrate: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an offence punishable with imprisonment of up to three years under the Drugs and Cosmetics Act is triable by a Judicial Magistrate of the First Class specially empowered by the Government.The Court was hearing a petition challenging the maintainability of a complaint under Sections 18(a)(i) and 27(d) of the Act before the...

J&K&L High Court Grants Bail In NDPS Case; Says Single-Tested Bottle Cannot Represent Entire Recovery Without Batch-Level Uniformity

The High Court of Jammu & Kashmir and Ladakh has held that when the seizure memo does not mention the batch number or composition of multiple recovered bottles of a pharmaceutical preparation, a single tested bottle cannot be presumed to represent the contents of all bottles.The Court observed that the prosecution must demonstrate uniformity across bottles before relying on...

'Prior Hearing Mandatory': J&K&L High Court Sets Aside Bank's Fraud Declaration Against Borrower

The High Court of Jammu & Kashmir and Ladakh has set aside a communication declaring a borrower's account as “fraud”, holding that the declaration was issued without providing the mandatory opportunity of hearing.The Court observed that the requirement of issuing a prior notice before classifying an account as fraud forms an integral part of the principles of natural justice, and...

Rejection Of Plaint Is “Digression” From Normal Adjudication, Not Routine Option: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure is not a default or routine step in civil adjudication, but a “digression” which courts should resort to only when the plaint, by its own deficiencies, invites such rejection.Terming the exercise of rejection of a plaint in terms of Order VII Rule 11 of...