Pension Amount Becomes Attachable After Being Credited To Account; Recovery As Guarantor Valid: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the protection available to pension amounts from attachment ceases once the amount is credited to the pensioner's bank account, and such amount can be subjected to recovery towards the pensioner's liability as a guarantor for a loan default.The Court was hearing a writ petition filed by a retired government employee challenging...

Calling Someone 'Over Ground Worker' Of Terrorists Is Per Se Defamatory; Mens Rea Essential: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that branding a person as an overground worker of terrorists or stating that the person has links with terrorists ex-facie lowers the image of such person in the estimation of those who know him, and publication of such imputation attracts the offence of defamation under Section 499 of the Ranbir Penal Code.The Court further observed that...

J&K&L High Court Grants Bail To NDPS Accused To Attend Minor Daughter's Surgery, Says Health Issues Of Family Of Paramount Consideration

The High Court of Jammu & Kashmir and Ladakh has held that the health condition of a family member of a detenue is a matter of paramount consideration, warranting judicial intervention in appropriate cases to safeguard humanitarian concerns.The Court was hearing a bail application filed by an accused under the provisions of the NDPS Act seeking interim relief to enable him to attend to...

Special Police Officers Don't Hold Civil Post, Not Entitled To Article 311 Protection: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a Special Police Officer (SPO) engaged under Section 18 of the Police Act does not hold a civil post and therefore cannot claim the protection of Article 311 of the Constitution or the disciplinary safeguards available to regular members of the police force. The Court clarified that while an SPO may claim a limited right of hearing...

Academic Arrangement Rules Can't Extend Registrar/Tutor Tenure Beyond 3 Years In Medical Colleges: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that appointments made under the J&K Medical & Dental Education Academic Arrangement Rules, 2020 cannot be used to extend the tenure of posts such as Registrar, Tutor, or Demonstrator in medical and dental education beyond the maximum period of three years prescribed under the relevant recruitment framework.A Division Bench...

Authorities Can't Undermine Court Order By Initiating Belated Enquiry To Deny Promotion: J&K&L High Court

The Jammu & Kashmir High Court held that the State cannot defeat the effect of a judicial decision by initiating a belated departmental enquiry and simultaneously declaring an employee “unfit” for promotion. The Court observed that such administrative action amounts to an attempt to neutralise the relief granted by the Court and violates the rule of law.A bench of Justice Javed Iqbal...

'Surrender Of Possession' Under J&K Migrant Property Act Includes Constructive & Symbolic Possession: High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that the expression “surrender of possession of the property to the competent authority,” appearing in proviso (b) to Section 7 of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, must be construed to include constructive and symbolic possession and not...

Preventive Detention Cannot Be Invoked For Alleged Transport Of Bovine Animals Without Permit Unless Public Order Impacted: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that allegations relating to transportation of bovine animals without permission cannot, by themselves, justify preventive detention under the Jammu & Kashmir Public Safety Act, 1978 unless the detaining authority records satisfaction that such activities have resulted in or have the potential to cause public outrage or disturb...

Accidental Injury Unconnected With Duty Cannot Be Treated As 'War Injuries' For Claiming War Injury Element Of Pension: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that accidental injuries suffered by armed forces personnel cannot be classified as “war injuries” or “war casualties” unless there exists a direct and causal nexus between the injury and operational duties in a Government-notified operational area.A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar...

Despite Statutory Status, Vaishno Devi Shrine Board Not 'State' Under Article 12 Due To Lack Of Govt Control: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that although the Shri Mata Vaishno Devi Shrine Board is a statutory body constituted under legislation, it cannot be treated as “State” or an authority within the meaning of Article 12 of the Constitution of India in the absence of governmental control financial, functional or administrative.The Court was hearing a writ petition...

District Judge Acting As Reference Court Under Land Acquisition Act Functions As Civil Court: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a District Judge hearing a reference under the Land Acquisition Act functions as a Civil Court and passes judicial orders. Consequently, such orders cannot be challenged through a writ petition under Article 226 but can only be examined under the Court's supervisory jurisdiction, the court explained.The Court was hearing a Letters...

Accused Against Whom Evidence Is Recorded U/S 299 CrPC May Admit Such Depositions After Appearance: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that when prosecution witnesses are examined during proceedings under Section 299 of the Code of Criminal Procedure against an absconding accused, the accused, upon appearing before the trial court, has the discretion to admit those depositions, and the prosecution cannot insist on recalling such witnesses merely to strengthen its...