Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 10 - February 16, 2025

Nominal Index [Citations 28 - 40]:Shivaeta Rani Vs Union Of India & Ors 2025 LiveLaw (JKL) 28Union Territory of J&K and Ors. vs Jehangir Ahmad Khan 2025 LiveLaw (JKL) 29Rajesh Singh vs National Hydro Electric Power Corporation Ltd. (NHPC) & Anr 2025 LiveLaw (JKL) 30Ex-CT/GD Om Prakash vs Union of India & ors 2025 LiveLaw (JKL) 31Union Territory of J&K vs Ashu Jolly 2025 LiveLaw (JKL) 32Mohd. Amir Malik vs Union of India & Ors 2025 LiveLaw (JKL) 33UT of Jammu & Kashmir & Anr vs M/s Gulati Metals & Alloys 2025 LiveLaw (JKL) 34Bilal Ahmad Bhat Vs Mohammad Shafi Bhat 2025 LiveLaw (JKL) 35Ashok Kumar vs Union of India and Ors 2025 LiveLaw (JKL) 36Zaffar Abbas Din vs Nasir Hamid Khan, 2025 2025 LiveLaw (JKL) 37State of J&K and Anr. Vs Yawar Ahmad Bhat (minor) 2025 LiveLaw (JKL) 38Syed Mazloom Hussain Vs Government Of J&K 2025 LiveLaw (JKL) 39Parvez Ahmad Khan vs Areeb 2025 LiveLaw (JKL) 40Judgments/Orders: Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST CertificateCase Title: Shivaeta Rani Vs Union Of India & OrsCitation: 2025 LiveLaw (JKL) 28Reaffirming the guidelines of a circular issued by the Ministry of Home that a woman's caste is determined by birth and not by marriage the Jammu and Kashmir and Ladakh High Court directed the authorities to take a decision on issuing a Scheduled Tribe (ST) category certificate to a woman who belongs to the Padri Tribe but had married a non-ST individual.Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost ArmCase-Title: Union Territory of J&K and Ors. vs Jehangir Ahmad Khan, 2025Citation: 2025 LiveLaw (JKL) 29The Jammu & Kashmir High Court held that a government employee cannot be disentitled from his right to receive compensation accruing to him due to permanent disablement in the course of employment. It also held that pain, agony and the nature of disablement could be taken account of in order to determine the amount of the compensation falling due to the victim.Corporation Is An Independent Entity, Internal Service Rules Will Prevail Over Govt Office Memoranda: J&K High CourtCase-Title Rajesh Singh vs National Hydro Electric Power Corporation Ltd. (NHPC) & AnrCitation: 2025 LiveLaw (JKL) 30The Jammu and Kashmir High Court dismissed the writ Petition holding that Government office Memoranda will not prevail over the internal service rules relating to promotion unless these rules are specifically challenged before the court. It held that an employee facing criminal charges would be barred from being considered for promotion until completely exonerated as per the said internal rules.Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal OrderCase-Title: Ex-CT/GD Om Prakash vs Union of India & orsCitation: 2025 LiveLaw (JKL) 31The J&K High Court ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. It also held that the High Court cannot interfere with conclusions arrived at by the inquiry officer under departmental proceedings unless the same is found to be fanciful and perverse.Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High CourtCase Title :Union Territory of J&K vs Ashu JollyCitation: 2025 LiveLaw (JKL) 32The J&K High Court held that a material discrepancy in the prosecution's case with respect to the mode and manner in which the demand for a bribe is made is sufficient to acquit the accused under the Corruption Act. The court also emphasized the principle that "Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, without proof of the demand, would not be sufficient to bring home the charge against the accused."'Applicant Cannot Be Denied Passport Merely Due To Criminal Antecedents Of Family Members': J&K High CourtCase-Title: Mohd. Amir Malik vs Union of India & OrsCitation: 2025 LiveLaw (JKL) 33The Jammu and Kashmir High Court held that the criminal family background cannot be used as a reason to deny a passport to the one applying for it. It also held that a mere speculative reason, in the absence of any direct evidence, cannot be considered a valid ground to restrain freedom of movement.[MSMED Act] Pre-Deposit Of 75% Of Awarded Amount While Challenging Award Cannot Be Scuttled By Petition Under Article 227: J&K High CourtCase-Title: UT of Jammu & Kashmir & Anr vs M/s Gulati Metals & AlloysCitation: 2025 LiveLaw (JKL) 34The Jammu and Kashmir High Court held that an award passed under the Micro, Small & Medium Enterprises Development Act (MSMED) cannot be challenged before the High Court, as the statutory remedy provided under the Act itself must be exhausted by the aggrieved party.If...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 10 - February 16, 2025

LIVELAW NEWS NETWORK

Tags