Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 10 - March 17, 2025

Nominal Index:Mohammad Jamal Sheikh Vs UT Of J&K 2025 LiveLaw (JKL) 78Executive Engineer And Ors. Vs Ghulam Mohideen Tantray 2025 Livelaw(JKL) 79Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 80Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 81Damni Rajrah & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 82Mohammad Abass Magray vs Union Territory of J&K 2025 Livelaw (JKL) 83Smt Amrit Kour Vs UT Of J&K 2025 LiveLaw (JKL) 84National Insurance Co. Ltd. Vs Jammu and Kashmir State Consumer Disputes Redressal Commission & ORS 2025 LiveLaw (JKL) 85Mohammad Bashir Vs UT Of J&K 2025 LiveLaw (JKL) 86Fayaz Ahmad Rather Vs Tariq Ahmad Wani 2025 LiveLaw (JKL) 87Renu Sharma and Anr. Vs Union Territory of J&K and another 2025 LiveLaw (JKL) 88Airports Authority Of India Vs M/s Saptagiri Restaurant Private Limited 2025 LiveLaw (JKL) 89M/S NAVA HEALTHCARE PVT. LTD M/S MANCARE LABORATORIES PVT. LTD Vs UT OF J&K 2025 LiveLaw (JKL) 90Saraj Din Vs Liaqat Ali 2025 LiveLaw (JKL) 91Dilshada Begum Vs State of J&K 2025 LiveLaw (JKL) 92Ansh Mahajan Vs UT Of J&K 2025 LiveLaw (JKL) 93Judgments/Orders:“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST ReservationCase Title: Mohammad Jamal Sheikh Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 78The Jammu and Kashmir and Ladakh High Court restrained the government from making any promotions unless candidates from the Scheduled Caste (SC) and Scheduled Tribe (ST) categories entitled to reservation are duly considered.Delivering a major relief to reserved category employees who have long been denied their rightful promotions due to a controversial government circular Justice M.A Chowdhary observed,“The respondents are restrained from making any promotions unless candidates belonging to the SC/ST reserved categories entitled for consideration for reservation in promotions are considered”Lok Adalat Is Meant For Conciliated Settlement Of Disputes, Not For Orders On Merits: J&K High Court Directs Training Of Judicial OfficersCase Title: Executive Engineer And Ors. Vs Ghulam Mohideen TantrayCitation: 2025 Livelaw(JKL) 79The Jammu and Kashmir High Court held that Lok Adalats have no adjudicatory powers; they can only record settlements between willing parties. The court stated that if a compromise is not reached, the case must be referred back to the appropriate court.The court noted that the impugned award passed by the CJM in the Lok Adalat did not mention any settlement between the parties, and the record suggested that the order had been passed on merits, which is beyond its jurisdiction.Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High CourtCase-title Punjab National Bank vs V K Gandotra,Citation: 2025 LiveLaw (JKL) 80The Jammu and Kashmir High Court held that a suit for damages due to wrongful dismissal is not maintainable unless the termination is first challenged and declared wrongful. The court observed that the plaintiff has neither pleaded nor made any attempt to demonstrate that the impugned order of dismissal was in violation of any terms of his employment.Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HCCase Title Punjab National Bank vs V K Gandotra,Citation: 2025 LiveLaw (JKL) 81The Jammu and Kashmir High Court held that if there is an omission on the part of the trial court to frame an issue on the maintainability of the suit under law, that does not limit the powers of the appellate court to decide the issue of maintainability. The court added that the only requirement is that there should be no new facts that need to be pleaded and no new evidence to be led by the parties. The court held that if the evidence on file is sufficient, the appellate court can decide and determine the case finally.Courts Cannot Compel Employers To Retain Contractual Employees Or Alter Terms Of Employment: J&K High CourtCase Title: Damni Rajrah & Ors Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 82Dismissing a plea filed by 150 contractual healthcare workers seeking continuation of their services in Government Medical College (GMC), Jammu the Jammu and Kashmir and Ladakh High Court reaffirmed that once a contract of employment has been mutually agreed upon without any objection or reservation, courts lack the jurisdiction to compel an employer to maintain the contract or alter the terms of employment.Accused Granted Bail In FIR Cannot Be Re-Arrested For Different Offence In Same Case After Unreasonable Delay: J&K High CourtCase-title: Mohammad Abass Magray vs Union Territory of J&KCitation: 2025 Livelaw (JKL) 83The Jammu and Kashmir High Court held that it would amount to a gross deprivation of liberty if an accused who has already been granted bail in the case FIR is charged and arrested for a different offence after a period of 15 years.Constitutional Courts Must Prevent...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 10 - March 17, 2025

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