Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 25 - March 31, 2024

Nominal Index:Baseerat-ul-Ain Vs NIA 2024 LiveLaw (JKL) 55Ghar Singh Vs University Of Jammu 2024 LiveLaw (JKL) 56Vijay Singh Vs Surjit Singh 2024 LiveLaw (JKL) 57X” Juvenile V/s Union Territory of J&K 2024 LiveLaw (JKL) 58Director, Rural Development, Kashmir, Srinagar Vs Abdul Qayoom 2024 LiveLaw (JKL) 59Athar Mushtaq Khan Vs UT of J&K 2024 LiveLaw (JKL) 60University of Kashmir...

J&K High Court Slams Govt For Delay In Releasing Detenues Despite Court Orders, Urges Swift Release Of Detainees In Future

The Jammu and Kashmir and Ladakh High Court has sharply criticized the UT administration for its unreasonable delay in releasing a detenu whose preventive detention order was quashed by the court in December 2023.In resolving a contempt petition filed by a detainee pressing for the execution of his release order, Justice Rahul Bharti, with the District Magistrate and SSP Baramulla...

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that authorities cannot utilize grounds previously invalidated to detain an individual under preventive detention statutes.A bench of Justice Sanjeev Kumar emphasized the inherent challenge of segregating the grounds of a quashed detention order from fresh grounds without delving into the subjective considerations of the...

Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court

The Jammu and Kashmir and Ladakh High Court released a young woman detained under the Jammu and Kashmir Public Safety Act, 1978 (PSA) emphasising the "onus" on the government to ensure a detenue's representation reaches the Advisory Board before it confirms the detention order.A bench of Justice Rahul Bharti observed,“Onus is equally upon the Government to enquire from the...

'Unexpected, Amounts To Professional Misconduct': J&K High Court Reprimands Lawyer For Seeking Share From Client's Compensation Amount

The Jammu and Kashmir and Ladakh High Court has sternly reprimanded a lawyer for attempting to claim a share of his client's compensation amount.A bench comprising Justice Sanjay Dhar emphatically stated,“..The counsel cannot claim any share out of the fruits of litigation from his/her client as fee and if at all such a thing has happened, it is a case of professional misconduct on the part...

Backdoor Appointment Made On Minister's Recommendation: J&K High Court Dismisses Plea For Regularisation Of Employment

Underscoring procedural integrity in public employment and the repercussions of backdoor appointments on the wider pool of eligible candidates the Jammu and Kashmir and Ladakh High Court has observed that once the initial engagement of a candidate is not by the competent authority, his services cannot be regularized.In dismissing a plea for regularisation, moved by the petitioner Tasleem Arif...

[O.6 R.17 CPC] Amendment Of Pleadings Are Intended To Promote Ends Of Justice, Not Defeat Them: J&K High Court

Upholding the true spirit of Order 6 Rule 17 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court has ruled that amendments to pleadings are meant to promote justice, not hinder it.A bench of Justice Javed Iqbal Wani has emphasised,“The object of the Rule is that the courts should try the merits of the cases that come before them and should consequently allow...

Court Is Considered Place Where Truth, Justice Are Solemn Pursuits: J&K High Court Slams Litigant For Contradictory Statements, Imposes 20K Costs

Upholding the sanctity and solemnity of legal proceedings the Jammu and Kashmir and Ladakh High Court has dismissed an appeal challenging an order passed by the Deputy Commissioner (DC) Jammu regarding a land mutation.Emphasizing the importance of transparency and honesty in legal proceedings, a Division bench of Chief Justice N Kotiswar Singh & Justice Wasim Sadiq Nargal observed,“In...

“Fraud Vitiates Everything”: J&K High Court Upholds Dismissal Of CRPF Personnel For Fabricated Documents Despite 16 Yrs Service

The Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a CRPF (Central Reserve Police Force) constable who secured appointment in the force using fabricated documents. The court ruled that even though the constable had served for 16 years, "fraud vitiates everything," and the principles of natural justice do not apply in such cases.A bench of Justice Javed Iqbal...

Employee Not Approaching Court During Active Service Can't Be A Premise To Treat Similarly Situated Employees Differently, Deny Promotion: J&K High Court

Upholding the principle of equality in a promotion case, the Jammu and Kashmir and Ladakh High has ruled that an employee cannot be denied promotion benefits solely because they did not approach the court while in active service.In dismissing an intra-court appeal against a judgment whereby the plea of an employee for his retrospective promotion had been allowed Chief Justice N Kotiswar Singh...

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court

Safeguarding civil liberties by quashing a detention order under the Jammu and Kashmir Public Safety Act 1978 (PSA), the Jammu and Kashmir and Ladakh High Court has ruled that it is imperative for the Courts to meticulously scrutinize cases involving detention laws, ensuring strict adherence to procedural norms and safeguarding against governmental overreach.The Divison bench comprising...

[Industrial Disputes Act] Labour Tribunal Competent To Order Reinstatement Of Workman If Order Of Dismissal Found Unjustified: J&K High Court

Emphasising the authority of labour courts and tribunals to order reinstatement the Jammu and Kashmir and Ladakh High Court has said that when a worker's dismissal is deemed unjustified the Tribunal may by its award set aside the order of discharge or dismissal and direct reinstatement of the workman.Debunking a contention that Labor Tribunals lack the competence to pass such orders ...