Candidate Whose Appointment Is Delayed Due To Departmental Lapses Cannot Be Disadvantaged, Denied Promotion Eligibility: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a direct recruit whose appointment is delayed due to departmental laches cannot be denied retrospective appointment or promotion eligibility from the date on which other candidates from the same selection process were appointed.Clarifying the law on the subject Justice Javed Iqbal Wani observed, “… An individual cannot be made...

"No Instances Of Encroachment": J&K High Court Dismisses Plea Seeking Restoration Of Allegedly Encroached Land Belonging To Ancient Hindu Temples

The Jammu and Kashmir and Ladakh High Court has dismissed a Public Interest Litigation (PIL) alleging the encroachment of land belonging to ancient Hindu temples by the mafia and other property dealers.In dismissing the petition a bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta observed, “In this PIL the petitioner has not mentioned about any instance which...

Enterprises Engaged In Hazardous Activities Strictly Liable For Accidents: J&K HC Orders ₹20 Lakh Compensation For Youth Electrocuted By Transformer

The Jammu and Kashmir High Court reinforced the doctrine of strict liability in a ruling, emphasizing that enterprises engaging in hazardous or inherently dangerous activities are “strictly and absolutely” liable to compensate individuals harmed by accidents resulting from such activities.In allowing a plea of a person who was eight years old when he got electrocuted resulting in...

Justice Dispensation System In J&K Is A "Cruel Joke", Over 6,000 Contempt Petitions Pending: High Court Summons Chief Secy, Top Officials

In a scathing indictment of the Jammu and Kashmir administration, the High Court has summoned the Chief Secretary, Finance Secretary, Secretary GAD and Secretary PWD R&B for their failure to comply with a court order issued over a year ago. The court described the justice dispensation system in the Union Territory as a "cruel joke" and expressed its shock at the "couldn't careless"...

'Unsuccessful Bidders Making Mountains Out Of Molehills': J&K High Court Dismisses Plea Challenging Tender Of Rooftop Solar Schemes

The Jammu and Kashmir and Ladakh High Court has dismissed a challenge to the Rooftop Solar Schemes (RTS) tender process. In a strong rebuke, the court rejected claims made by unsuccessful bidders who had exaggerated minor technical or procedural issues to justify judicial intervention.Emphasising its determination to protect the tender process from such unwarranted interference a bench of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 29 - August 4, 2024

Nominal Index:Mr. Nagraj V Vs UT of J&K 2024 LiveLaw (JKL) 208BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERS 2024 LiveLaw (JKL) 209Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors 2024 LiveLaw (JKL) 210Gulzar Ahmad Malik Vs Tariq Ahmad Parray and another 2024 LiveLaw (JKL) 211Fayaz Ahmad Mir Vs Nighat Nasreen 2024 LiveLaw (JKL)...

Mother Being A Working Lady Does Not Absolve Father Of Maintenance Responsibilities Towards Children: J&K High Court

The Jammu & Kashmir and Ladakh High Court recently ruled that a father is obligated to maintain his children, even if the mother is employed, reaffirming that a father's financial responsibilities towards his children remain intact irrespective of the mother's employment status."The mere fact that the mother of the respondents is a working lady and has her own income does not absolve...

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that a domestic relationship under the Domestic Violence Act (DV Act), can be established through past cohabitation, and current cohabitation is not a requirement for the same.The court made this observation while addressing a case where the petitioner challenged the maintainability of a domestic violence petition on the grounds that he...

Dialogue Between Accused And Court Is Essential For Fair Trial: J&K High Court Sets Aside Conviction, Orders Retrial

Underscoring the importance of a robust dialogue between the accused and the court during a criminal trial the Jammu and Kashmir and Ladakh High Court emphasised that the non-compliance with JSection 342 (Pari Materia with Sec 313 of CrPC 1973) of the Criminal Procedure Code (CrPC) had prejudiced the accused and necessitated a retrial.Justice Vinod Chatterji Koul, while setting aside...

Jammu & Kashmir And Ladakh High Court Monthly Digest: July 2024

Nominal Index:MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA 2024 LiveLaw (JKL) 175Gorav Sayal Vs UT of J&K 2024 LiveLaw (JKL) 176Ramtech Software Private Limited Vs Ut Of J&K And Another 2024 LiveLaw (JKL) 177Manzoor Ahmad Yatoo Vs UT of J&K 2024 LiveLaw (JKL) 178Bansi Lal Vs UT of J&K 2024 LiveLaw (JKL) 179Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw (JKL) 180Yawar Ahmad Malik...

Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that proceedings under Section 138 of the Negotiable Instruments Act (N.I. Act) are justified in cases stemming from commercial transactions, regardless of the civil nature of the underlying transaction.A bench of Justice Sanjay Dhar explained that since cheque bounce cases stem from commercial transactions between parties. Chapter XVII of...

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs

The Jammu and Kashmir and Ladakh High Court on Friday ruled that filing representations on stale matters or those barred by limitation cannot create a fresh cause of action or revive a dead claim, even if these representations are considered by competent authorities or the Court directs their consideration.In dismissing a petition seeking promotional benefits twenty-six years after having...