Municipal Contracts Cannot Be Awarded Through Private Negotiation, Without Tenders: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that a Municipal Corporation, being a statutory body and an instrumentality of the State, is under a constitutional obligation to act fairly, reasonably and transparently in all matters involving the distribution of public largesse and the award of public contracts.The Court held that such exercise of power cannot be left to the unfettered discretion of the authorities concerned, nor can it be exercised in a manner that is...

Major Adults Entitled To Marry As Per Their Choice; Police Duty-Bound To Protect Their Life And Liberty If Approached: J&K&L High Court

Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect their life and liberty, if approached, the Jammu and Kashmir and Ladakh High Court has observed while directing the police authorities to consider the request for protection of a couple who claimed to have married against the wishes of a family member.Justice Sindhu Sharma made the observation while disposing of a writ petition filed by one...

Fair Trial Under Article 21 Does Not Require Certified Copies Of Trial Proceedings Before Confirmation Of Sentence: J&K&L High Court Upholds BSF Rule

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that the Constitution guarantees a fair opportunity to defend, but does not prescribe that such opportunity must invariably take the form of possession of certified copies of trial proceedings.The Court upheld the constitutional validity of Rule 129 of the Border Security Force Rules, 1969, holding that the regulated postponement of supplying copies until confirmation of the finding and sentence does not violate Article 21, as...

Amendment Of Injunction Suit To Seek Possession Of Encroached Land Does Not Change Nature Of Suit: J&K&L High Court

Mere conversion of a suit for permanent prohibitory injunction into one seeking recovery of possession does not fundamentally alter its nature or character when both reliefs arise from the same property dispute, the Jammu & Kashmir and Ladakh High Court has held.The Court observed that an amendment seeking possession of portions of the very same land allegedly encroached upon during...

Legal Process Cannot Be Used To Frustrate Maintenance Recovery: J&K&L High Court Dismisses Plea Alleging Denial Of Hearing

The process of law cannot be permitted to be employed as an instrument for frustrating the enforcement of lawful judicial orders, particularly those relating to maintenance, which are intended to secure financial support to persons legally entitled thereto, the Jammu and Kashmir and Ladakh High Court has observed while dismissing a plea challenging proceedings for recovery of...

J&K High Court Refuses To Reopen 2011 BSF Land Acquisition, Says Mere Allegations Of Irregularities Cannot Undo Concluded Proceedings

Mere allegations of irregularities in land acquisition proceedings or disbursement of compensation, without anything more, cannot justify reopening an acquisition that culminated in a final award years ago, the Jammu & Kashmir and Ladakh High Court has held.The Court observed that a challenge brought more than 12 years after the award, without demonstrating any legally sustainable ground...

Pre-2006 Pensioners Cannot Claim Parity With Post-2006 Retirees For Refixation Of Pension Under 6th Pay Commission: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that an employee who retired prior to the implementation of the 6th Central Pay Commission cannot claim parity with those who retired after the year 2006 for the purpose of refixation of pension.The Court held that the pension of a pre-2006 retiree must be refixed only in accordance with the specific orders issued by the...

Non-Implementation Of Firefighting Policy Puts General Public At Risk: J&K&L High Court Seeks Category-Wise Data On Fire Stations

The High Court of Jammu & Kashmir and Ladakh at Srinagar has directed the State to furnish a single, consolidated, category-wise chart setting out the exact number of areas falling under different risk categories, the number of fire stations required to be functional as per policy, and the number of fire stations presently functional in each category, supported by an affidavit.The...

Accused Claiming Grave Illness Cannot Absent Himself From Scheduled Procedure; Medical Bail Not Open-Ended Liberty: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that an accused claiming grave illness cannot be permitted to blow hot and cold by seeking release on medical grounds while simultaneously absenting himself from a medical procedure scheduled by the Medical Board.The Court held that medical bail is not an open-ended liberty to be retained while allowing the medical purpose...

State Consumer Commission's Pecuniary Jurisdiction Unlimited For Pre-2019 Cases: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that for consumer cases pending prior to the coming into force of the Consumer Protection Act, 2019, the pecuniary jurisdiction of the State Consumer Disputes Redressal Commission shall be treated as unlimited, in terms of the 1998 Gazette Notification which omitted the upper pecuniary limit.The Court held that a...

Land Acquisition Does Not Confer Right To Public Employment: J&K&L High Court Strikes Down Land-Loser Appointment Policy As Unconstitutional

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that acquisition of land by the State or its instrumentalities, by itself, does not confer upon the landowner or any member of the affected family an indefeasible right to public employment.The Court further held that a policy contemplating the grant of employment to landowners merely in lieu of the acquisition of their...

Employee Performing Duties Of Higher Post Is Entitled To Promotion From Date Of Formal Assignment Of Charge: Jammu & Kashmir High Court

A Division Bench of the Jammu & Kashmir High Court comprising Chief Justice Pushpendra Singh Bhati and Justice Rajesh Sekhri held that performing higher-post duties with charge allowance entitles the employee to substantive promotion from the date when such charge was formally assigned. Background Facts The employee was a daily wager in the Municipal Committee. He was...