Heinousness Of Crime No Consideration For Granting Bail To Juvenile Must Consider Risk Of Association With Criminals, Juvenile's Safety: J&K High Court

Reaffirming the paramount importance of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) the Jammu and Kashmir and Ladakh High Court has ruled that the heinousness of the crime or other considerations, typically weighed in adult bail matters, should not influence decisions regarding juvenile bail pleas.In allowing a bail application of a Juvenile under...

Mere Assertion That Property Is Undivided Doesn't Restrict Co-Sharer From Making Construction On Their Portion: J&K High Court

Clarifying property rights of co-sharers, the Jammu and Kashmir and Ladakh High Court has ruled that a mere assertion that the property is undivided doesn't restrict a co-sharer from construction on their portion.A bench of Justice Puneet Gupta maintained that mere raising of construction by one co-sharer in the property does not mean that the other co-sharer will lose his interest in the...

Daily-Wager Rendering Continuous Service For Seven Years Cannot Be Classified As "Casual Labor" To Deny Regularization: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that a daily wage worker who renders continuous service for more than seven years cannot be classified as "casual labour" and is entitled to benefits like regularization.Clarifying the fine between distinction between the two Justice Sanjeev Kumar observed,“Casual Labour‟ refers to labour whose employment is intermittent,...

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist

Granting bail to a woman accused of harbouring a terrorist the Jammu and Kashmir and Ladakh High Court has observed that framing charges under stringent anti-terror laws is not enough to deny bail if the accused presents a case for release.In allowing her plea for bail a Division bench comprising Justices Tashi Rabstan & Puneet Gupta observed,“The framing of charge against the accused...

Jammu and Kashmir and Ladakh High Court Weekly Roundup March 18 - March 24, 2024

Nominal Index:Anil Kumar Aggarwal V/s Enforcement Directorate th. its Assistant Director, Jammu 2024 LiveLaw (JKL) 44Union of India Vs Chain Singh & Ors 2023 LiveLaw (JKL) 45Amit Kumar Vs UT of J&K 2024 LiveLaw (JKL) 46Om Prakash Vs UT Of J&K 2024 LiveLaw (JKL) 47Shani Devi Vs Fr. Tomi Principal Christ School 2024 LiveLaw (JKL) 48Shabir Ahmad Wani Vs UT Of J&K 2024 LiveLaw...

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court

Clarifying the applicability of the bar under Order 23 Rule 3-A of the Civil Procedure Code (CPC) to challenge compromise decrees the Jammu and Kashmir and Ladakh High Court has recently ruled that said bar does not apply to non-party challengers of compromise decrees, provided they are not claiming any right through a party to the compromise decree.Order 23 Rule 3-A of the Civil Procedure...

S.452 CrPC | Futile To Keep Seized Vehicles At Police Stations For Long Periods, Courts Can Pass Appropriate Orders By Taking Bond, Security: J&K High Court

Clarifying the process of disposing of case property under section 452 of the Code of Criminal Procedure the Jammu and Kashmir and Ladakh High Court has emphasised that the authority vested in the court under this section is judicial in nature and should be exercised for valid reasons, considering the nature of the property and the evidence before the court. A bench of Justice Wasim Sadiq...

Contract To Refer Disputes To Director Of Social Forestry Department Whose Finding Is Final And Binding Constitutes Valid Arbitration Agreement: J&K High Court

The Jammu & Kashmir And Ladakh High Court held that a contract to refer disputes to the Director of the Social Forestry Department, whose findings would be final and binding constituted a valid arbitration agreement. “A perusal of the said Clause 18, would show that it does not specifically mention that the dispute between the parties shall be referred to an arbitrator. What...

Awarding Govt Jobs Without Following Proper Advertisement & Selection Process Violates Article 16 Of Constitution: J&K High Court

Emphasising the paramount importance of adhering to the principles enshrined in Article 16 of the Constitution regarding public employment the jammu and Kashmir and Ladakh High Court has ruled that regular appointments to government posts cannot be made without following the proper procedure of issuing advertisements inviting applications from eligible candidates and conducting a fair...

[S.31 POCSO Act] No Jurisdiction Conferred On Special Court To Independently Try Other Offences Without There Being Any POCSO Offence: J&K High Court

Making a significant clarification regarding the jurisdiction of Special Courts designated under the Protection of Children from Sexual Offences Act (POCSO Act) the Jammu and Kashmir and Ladakh High Court has explained that Section 31 of the POCSO Act regulates the procedure followed in Special Courts but doesn't grant them independent authority to try offences not covered under the Act.A...

When Raising Plea Of "Equal Pay For Equal Work" Onus Falls Upon Employee To Prove Substantial Similarity In Nature Of Work: J&K High Court

While reaffirming the fundamental principle of "equal pay for equal work" enshrined under Article 16(1) read with Article 14 and 39(d) of the Constitution of India the Jammu and Kashmir and Ladakh High Court has ruled that the onus falls upon the employee seeking parity under the "equal pay for equal work" principle to prove substantial similarity in the nature of work performed.Shedding light...

Preventive Detention Can't Be Used As Substitute For Punitive Detention Which Follows Regular Course Of Law: J&K High Court

Quashing the preventive detention orders against an individual accused of orchestrating a fraudulent scheme targeting students the Jammu and Kashmir and Ladakh High Court has said that alleged offences of cheating under Sec 420 read with section 120-B of the IPC cannot be read to be prejudicial to the maintenance of public order.A bench of Justice Rahul Bharti clarified that at best it could be...