Daily Wage Employees Cannot Claim Parity With Regular Employees For Deployment After Winding Up Of Company: J&K&L High Court

The Jammu and Kashmir and Ladakh High High Court has held that employees engaged on daily wage basis cannot claim parity with those employees who were serving on regular or permanent basis for the purpose of deployment to other government departments after winding up of the company.The Court was hearing a writ petition filed by a person engaged on consolidated basis seeking regularization, regular pay scale, deployment to another government department after winding up of the Jammu and Kashmir...

Unregistered Tahrirnama Inadmissible To Prove Transfer Of Immovable Property In Kashmir: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an unregistered “Tahrirnama” cannot be relied upon to prove transfer of immovable property situated in Kashmir and that even possession of such property cannot lawfully be taken over unless the transfer is effected through a valid registered instrument.The Court observed that Section 138 of the Jammu & Kashmir Transfer of Property Act not only mandates registration of transfers relating to immovable property but also prohibits a...

“Copy-Paste” Detention Orders Based On Authority's Dossiers Without Independent Evaluation Are Illegal: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that detention orders passed under preventive detention laws merely by reproducing allegations contained in dossiers supplied by sponsoring authorities, without independent application of mind by the detaining authority, are illegal and unconstitutional. The Court observed that detaining authorities are expected to act neutrally...

Tacit Approval Of Minor Not Consent In Law But Has Bearing On Bail: J&K&L High Court Grants Bail In POCSO Matter

The High Court of Jammu & Kashmir and Ladakh has held that although consent of a prosecutrix is legally irrelevant in offences under the Protection of Children from Sexual Offences Act, 2012, cases involving romantic relationships between young adults where there may have been “tacit approval in fact, though not consent in law” for a sexual relationship are required to be viewed with...

Filing Of Petition By Prosecutrix Seeking Quashing Of Rape FIR Cannot Dilute Seriousness Of Allegations At Bail Stage: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the filing of a petition under Section 482 Cr.P.C. by the prosecutrix seeking quashment of an FIR alleging offences under Sections 376 and 506 IPC cannot, at the stage of consideration of bail, dilute the seriousness of the allegations levelled against the accused.The Court observed that the circumstances under which such a...

O XII R 6 CPC | No Decree On Admissions Unless Defendant's Pleadings Contain Unequivocal Admissions; J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that unless the admissions made by a defendant in its pleadings or otherwise are clear, categorical and unequivocal, a court cannot proceed to pass a decree under Order XII Rule 6 of the Code of Civil Procedure. The Court further clarified that even where certain facts stand admitted, the court retains discretion to require the...

Gold Medal Claim Raised After Nine Years Cannot Be Entertained: J&K&L High Court Dismisses Doctor's Appeal Against Kashmir University

The Jammu and Kashmir and Ladakh High Court has dismissed an intra-court appeal filed by a Doctor of Medicine postgraduate seeking a direction to the University of Kashmir to provide him a Gold Medal, holding that the writ petition was barred by delay and laches as the cause of action allegedly arose in the year 2014 while the petition was filed only in 2023, and the appellant had...

Sub-Registrar Cannot Stall Registration Of Sale Deed Over Pending Clarifications From Higher Authorities: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court held that a Sub Registrar functioning under the Registration Act, 1908, can either register the document or refuse registration in accordance with law, and cannot indefinitely defer decision-making by seeking administrative clarifications from superior authorities.The Court observed that the statutory framework of the Registration Act does...

High Court Allows Eviction Proceedings Against Former J&K Congress President; Says Exchange Of Proprietary Land Impermissible

The Jammu & Kashmir and Ladakh High Court has held that encroached Kahcharai land cannot now be exchanged against proprietary land under the amended legal framework and that courts cannot issue a writ directing authorities to consider such exchange requests in the absence of statutory backing.The Court further held that a former State Congress President was found to be in...

Individual Landowners Cannot Claim Compensation From State For Overhead Lines: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has dismissed a Letters Patent Appeal challenging the dismissal of a writ petition seeking compensation for land affected by 220 KV transmission lines, holding that the aerial right of way for transmission lines remains with the State and individual landowners cannot claim compensation in respect thereof, except for the land on which towers...

Contractual Employee Cannot Claim Protection Under Article 311; J&K&L High Court Upholds Termination Over Unsatisfactory Performance

The High Court of Jammu & Kashmir and Ladakh has held that a contractual employee engaged under the Ex-Servicemen Contributory Health Scheme (ECHS) cannot claim the constitutional protection available to holders of civil posts under Article 311 of the Constitution.The Court observed that where a contract expressly permits termination on account of unsatisfactory performance or lack...

Private Schools Affiliated With State Must Adopt Only Board-Prescribed Textbooks, Cannot Override Mandate: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has dismissed a Letters Patent Appeal filed by a trust representing private schools challenging notifications issued by the Jammu and Kashmir Board of School Education mandating that all private schools across the Union Territory adopt and teach only those textbooks published by the Board for Classes VI to VIII.The Court held that the Board acts...