“No Justification In Withholding Any Part Of Salary”: J&K High Court Directs Release Of Withheld Salaries For EDI Employees

Directing the release of withheld salaries of employees of the Jammu & Kashmir Entrepreneurship Development Institute (JKEDI) the Jammu and Kashmir and Ladakh High Court has recently ruled that allegations of irregularities in appointment or promotion cannot be a reason for withholding salaries of employees.In allowing their plea Justice Sanjay Dhar observed,“The respondents have...

Lessee Cannot Be Allowed To Accept Beneficial Terms & Conditions Of Lease While Avoiding Terms Which Are Against His Interests: J&K High Court

Ruling against the selective acceptance of lease conditions by lessees the Jammu and Kashmir and Ladakh High Court has ruled that a lessee cannot selectively accept only the favourable terms and conditions of a lease while rejecting the unfavorable ones.In dismissing an appeal challenging a decision by a Single Judge regarding the payment of premium for the transfer of leasehold rights...

First Court Holds Exclusive Jurisdiction Over Subsequent Arbitral Proceedings Under S.40 Of Arbitration & Conciliation Act: J&K High Court

Clarifying the scope of Section 42 of the Arbitration and Conciliation Act, 1996 the Jammu and Kashmir and Ladakh High Court has ruled that once an application concerning an arbitration agreement under Part I of the Act has been submitted before a court, that court exclusively possesses jurisdiction over all ensuing arbitral proceedings and related applications.A bench comprising Justice...

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court

Underscoring the principle that the absence of a proven motive can be inconsequential if the eyewitness testimony is credible the Jammu and Kashmir and Ladakh High Court has clarified that the absence of motive becomes less significant when the prosecution relies on a strong eyewitness account.A bench of Justice Sanjay Dhar added that it however does not mean that proof of motive even in a...

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 20 - May 26, 2024

Nominal Index:Ashok Kumar Vs State 2024 LiveLaw (JKL) 120Abdul Rashid & Ors Vs UT of J&K 2024 LiveLaw (JKL) 121Rafaqat Ali Vs UT of J&K 2024 LiveLaw (JKL) 122Abdul Basit Vs University of Kashmir 2024 LiveLaw (JKL) 123Farooq Ahmad Sheikh Vs Tariq Ahmad Malik 2024 LiveLaw (JKL) 124Manzoor Hussain Vs Syed Mohsin Abbas 2024 LiveLaw (JKL) 125Owais Naseer Sheikh Vs UT of J&K...

J&K High Court Directs Dept Action Against Commissioner Secretary For Barring Contractors Whose Relatives Were Involved In Anti-National Activities In Past

The Jammu and Kashmir and Ladakh High Court on Friday quashed a communication issued by the Commissioner/Secretary to Government, Department of Rural Development and Panchayati Raj, which barred contractors from participating in tenders if their relatives were involved in anti-national activities in the past.While directing departmental action against the then Commissioner/Secretary...

[S.126(1)(b) CrPC] Liberal Interpretation Of Term "Resides" Is Essential To Realise Its Legislative Objective: J&K High Court

Prioritizing the legal convenience of destitute wives, neglected children, and abandoned parents in legal proceedings for maintenance the Jammu and Kashmir and Ladakh High Court has emphasised a liberal interpretation of the term "resides" in Section 126 Clause (1) (b) of the Code of Criminal Procedure.A bench comprising Justice Mohammad Yousuf Wani has observed, “The Provisions of Sections...

Not Mentioning Grant Of Bail In Detention Order Is Serious Lapse, Gives Rise To Inference Of Non-Application Of Mind: J&K High Court

Quashing a detention order the Jammu and Kashmir and Ladakh High Court has recently highlighted that the non-mention of the petitioner's bail status indicates a clear non-application of mind, rendering the detention order unsustainable in the eyes of law.“While detaining a person under Public Safety Act, detaining authority is under a legal obligation to analyze all the circumstances...

Civil Courts Must Notify Custodian Evacuees Property When Dealing With Evacuee Land Disputes: J&K High Court Clarifies

Clarifying the legal procedure for disputes concerning evacuee property the Jammu and Kashmir and Ladakh High Court has recently ruled that civil courts must notify the Custodian Evacuees Property when taking cognizance of a civil suit regarding evacuee property.Shedding light on the legislative intendment behind this prerequisite Justice Rahul Bharti cited Section 35 of the Jammu &...

Chief Justice Of J&K High Court Administers Oath Of Office To Justice Wasim Sadiq Nargal

The Chief Justice of High Court of Jammu & Kashmir and Ladakh, Justice N Kotiswar Singh on Wednesday administered the oath of office to Justice Wasim Sadiq Nargal as Additional Judge of the High Court of Jammu & Kashmir and Ladakh, in the Chief Justice's Court Room.The oath taking ceremony was attended at Jammu by Justice Atul Sreedharan, Justice Rajesh Oswal, Justice Vinod...

Concept Of “Necessary Party” In Writ Petition Is Far Broader Than In A Purely Civil Suit: J&K High Court

Setting a precedent regarding who can be considered a "necessary party" in writ petitions the Jammu and Kashmir and Ladakh High Court has ruled that the concept of a necessary party in a writ petition is far broader than in a purely civil suit.Shedding light on a much broader application of Order 1 Rule 10(2) concerning writ petitions a bench of Justices Tashi Rabstan & M A...

J&K High Court Imposes ₹1 Lakh Penalty On Kashmir University For Wrongful Application Of Evaluation Statute

The Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹1 lakh on the University of Kashmir for wrongly and arbitrarily applying a statute, forcing a student to reappear for an examination he had already passed.Invoking the Public Law Doctrine a bench of Justice Javed Iqbal Wani observed, “.. the illegality and arbitrariness on the part of the respondents is manifest and writ...