Mere Participation In National Games, Regardless Of Position & Performance Does Not Guarantee Sports Quota In Educational Institutions: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has ruled that simply participating in National or International level sports competitions doesn't entitle a person to reservation under the J&K Sports Policy.Citing various provisions of J&K Sports policy a bench of Justice Rajesh Sekhri clarified,“A plain reading of clause 6.3.4, on first blush would indicate that mere participation...

High Court's Jurisdiction Under Article 226 Of Constitution Much Beyond Confines Of Mere Administrative & Executive Review: J&K High Court

Underscoring the expansive jurisdiction of Article 226 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has ruled that the jurisdiction granted to Courts under the said Article is not restricted only to the review of the administrative actions and executive decisions of the State in the light of the extended applicability of the "doctrine of promissory...

Central Govt Notifies Appointment Of Justice Wasim Sadiq Nargal As Additional Judge Of J&K High Court

The Central Govt has notified the appointment of Justice Wasim Sadiq Nargal as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh for a fresh term of one year.A notification issued to this effect reads,“In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Justice Wasim Sadiq Nargal, Additional...

Departmental Enquiry Can't Be Sustained Against Employee Once FIR On Same Set Of Allegations Already Stands Quashed: J&K High Court

Quashing departmental proceedings initiated against an employee, Jasvinder Singh Dua, Ex Managing Director (Under Suspension) of J&K Handicrafts (S&E) Corporation the Jammu and Kashmir and Ladakh High Court has ruled that once an FIR against an employee is quashed by the court, departmental inquiries based on the same set of allegations cannot be pursued.In allowing his plea Justice...

J&K Land Revenue Act | Financial Commissioner's Suo-Moto Power Conditional On Hearing, Can't Modify Orders Without Giving Opportunity To Parties: High Court

Underlining the Financial Commissioner's power to exercise suo-moto revision in a land dispute case under the J&K Land Revenue Act 1996 the Jammu and Kashmir and Ladakh High Court has ruled that while the Commissioner has this authority, it cannot be used to bypass the principles of natural justice, which require a party to be heard before an order affecting their rights is reversed...

[BSF Rules 1969] Necessary For Competent Authority To Record Satisfaction Before Ordering Dismissal By Resorting To Rule 22(2)

Emphasising the paramount importance of adhering to procedural safeguards, particularly in cases concerning the dismissal of personnel from the Border Security Force (BSF) the Jammu and Kashmir and Ladakh High Court has reiterated the necessity of recording a satisfaction by the competent authority before resorting to Rule 22(2).Rule 22(2) of the Border Security Force (BSF) Rules pertains to...

Deficiency Of Not Submitting Application For Condonation Of Delay While Filing Appeal Is Curable, Such Application Can Be Made Subsequently: J&K High Court

Reaffirming the rights of aggrieved parties to appeal against court decisions the Jammu and Kashmir and Ladakh High Court has established that a technical deficiency in an appeal, such as the absence of an application for condonation of delay, can be cured.Shedding light on the intricacies of legal procedures on the subject, particularly concerning the necessity of condoning delays in...

Withholding Increments With Cumulative Effect Not Only Permanently Affects Salary Structure But Also Impacts Pension: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that when an employee faces the penalty of withholding or postponement of increments with cumulative effect, it permanently affects their salary structure and impacts pension benefits even after retirement.Justice M. A Chowdhary made these observations while hearing a plea wherein the petitioner, a Manager Audits had challenged...

Stones Used For Pelting Can't Be Termed As “Dangerous Weapons” To Attract Culpability U/S 326 RPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that stones used for pelting cannot, by any stretch of reasoning, be termed as a 'dangerous weapon' or 'an instrument' used for shooting to bring an accused within the meaning of section 326 Ranbir Penal Code (RPC) which deals with causing grievous hurt by dangerous weapons.Altering the conviction of an accused from Section 326 to Section...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 29 - May 5, 2024

Nominal Index [Citations 98 - 105]:Jahangir Ahmad Wani Vs UT Of J&K 2024 LiveLaw (JKL) 98Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo 2024 LiveLaw (JKL) 99Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K 2024 LiveLaw (JKL) 100Abdul Hamid Khandey Vs United India Insurance Company Limited and others 2024 LiveLaw (JKL) 101Rupen Patel Vs Union Of India 2024 LiveLaw (JKL) 102GHULAM QADIR MIR...

Mere Filing Of Representation Doesn't Extend Period Of Limitation Unless Any Action Is Taken : Jammu & Kashmir High Court

A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjay Dhar while deciding a Writ Petition in the case of Mohd. Sadeeq vs State of J & K and Anr. has held that mere filing of representations does not extend the period of limitation unless an action has been taken on those representations. Background Facts Mohd. Sadeeq (Petitioner) was...

Wife Attending Midnight Calls Despite Husband's Repeated Objections, Doesn't Amount to Abetment of Suicide: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a wife attending calls from unknown numbers during the dead of night wouldn't constitute abetment of suicide under Section 107 of the Indian Penal Code (IPC).Justice Sanjeev Kumar made this observation while dismissing a criminal revision petition filed by Kunti Devi, the mother of the deceased, Surinder Kumar, against the discharge...