Litigant Who Withholds Material Facts Or Attempts To Mislead Court Forfeits His Right To Be Heard On Merits: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court on Monday (15 December) observed that litigant who withholds or suppresses material facts while approaching the Court disentitles himself from being heard on merits and cannot seek or claim any equitable or discretionary relief under Article 226 of the Constitution.A Single Judge Bench of Justice Wasim Sadiq Nargal made this observation...

“Judicial Process Cannot Be Used To Stall Lawful Rehabilitation”: J&K&L High Court Vacates 12-Year Stay On Shop Allotments In Srinagar

The High Court of Jammu & Kashmir and Ladakh on Tuesday has dismissed a writ petition challenging the rehabilitation and allotment process of shops in the Sector-6 Shopping Complex, Batamaloo, Srinagar, holding that the litigation was misconceived, devoid of merit, and had resulted in enormous loss to the public exchequer as well as grave prejudice to genuine claimants .Dismissing...

'Fought For Justice, Got Justice, Then Lost Justice': J&K&L High Court Restores Seniority Of 1979 Police Recruits After Nearly Four Decades

The Jammu and Kashmir and Ladakh High Court has allowed a long-pending Letters Patent Appeal filed by a batch of 1979 direct recruit Sub Inspectors of the Jammu and Kashmir Police, sharply criticising the manner in which binding judicial verdicts were repeatedly diluted through subsequent litigation and administrative actions.A Division Bench of Justices Rajnesh Oswal and Rahul Bharti set...

“Justice Cannot Be A Ritual”: J&K&L High Court Flags Shoddy Probe Into Minor Girl's Death, Orders CBI Probe

Expressing deep anguish over what it described as an insensitive and routine investigation into the suspicious death of a 13-year-old girl, the High Court of Jammu & Kashmir and Ladakh has ordered that the case be handed over to the Central Bureau of Investigation (CBI), observing that continued delay and casual handling would only result in loss of crucial evidence and denial of justice...

J&K&L High Court Rejects Medical Bail Plea Of Former Bar President Mian Abdul Qayoom, Says He Is Provided Specialised Treatment

The Jammu and Kashmir and Ladakh High Court has dismissed the appeal filed by former Bar Association President Mian Abdul Qayoom seeking bail on medical and humanitarian grounds, holding that the record clearly demonstrates that he has been all along being provided with the advance and specialised treatment whenever necessitated and that no life-threatening medical emergency exists warranting...

BSF Rules | Court Of Inquiry Is Preliminary Fact Finding Exercise, Not Disciplinary Trial Which Can Cause Prejudice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that such an inquiry is only a fact-finding mechanism intended to assist authorities in deciding the future course of action and does not amount to initiation of departmental proceedings.The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar underscored that the findings returned by the Court of Inquiry shall be in the...

Revisional Powers Must Be Exercised Within Reasonable Time Even In Fraud Cases; Merits Cannot Justify Gross Delay: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed an order of the Financial Commissioner (Revenue) which had reopened and annulled revenue mutations after more than four decades.Justice Javed Iqbal Wani, while allowing a writ petition, held that revisional powers whether invoked in cases of fraud or otherwise must be exercised within a reasonable period, and that merits of a...

Denying Regularisation To Daily Wager After Extracting Work For Over 34 Years Is Illegal, Inequitable: J&K&L High Court

The Jammu, Kashmir & Ladakh High Court dismissed the Union Territory's challenge to the regularisation of a daily wager, holding that denial of regularisation after extracting work for more than three decades would be illegal, inequitable, and contrary to the welfare obligations of the State.The Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal noted that the...

S.143A NI Act Orders Not Interlocutory In Nature, Amenable To Revision Before Session's Court: J&K&L High Court

Reinforcing the procedural safeguards available to both complainants and accused in cheque dishonour cases, the Jammu & Kashmir and Ladakh High Court has held that an order passed by a Magistrate on an application under Section 143A of the Negotiable Instruments Act, 1881 is not an interlocutory order but an intermediate order, and therefore amenable to revision before the Sessions...

Pension | Employees Of Different Institutions Cannot Claim Parity In Service Merely Because Both Are Funded From Same Source: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that employees of two different institutions cannot claim parity in service conditions merely because both are funded from the same source.Justice Sanjay Dhar made this observation while dismissing a batch of writ petitions filed by serving and retired employees of J&K Sainik School who had sought extension of pensionary benefits on...

Migrant Status Cannot Dilute Career Progression Once Eligibility Is Met: J&K&L High Court Upholds Retrospective CAS Promotions

The Jammu & Kashmir and Ladakh High Court has firmly held that migrant status cannot be used to dilute career progression once eligibility for promotion is established under statutory rules.Dismissing an appeal filed by Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST), Kashmir, a Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal upheld...

Contractor Not Responsible For Dept's Failure To Obtain Administrative Approvals; Govt Must Clear Admitted Dues: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has emphasized that it is not the job of a contractor to ensure that all administrative approvals, technical sanctions, or legal formalities are completed before undertaking contractual obligations.Justice Rajesh Sekhri underlined that it is the responsibility of the concerned department to clarify how work was executed in the absence of...