Withholding Increments With Cumulative Effect Not Only Permanently Affects Salary Structure But Also Impacts Pension: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that when an employee faces the penalty of withholding or postponement of increments with cumulative effect, it permanently affects their salary structure and impacts pension benefits even after retirement.Justice M. A Chowdhary made these observations while hearing a plea wherein the petitioner, a Manager Audits had challenged...

Stones Used For Pelting Can't Be Termed As “Dangerous Weapons” To Attract Culpability U/S 326 RPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that stones used for pelting cannot, by any stretch of reasoning, be termed as a 'dangerous weapon' or 'an instrument' used for shooting to bring an accused within the meaning of section 326 Ranbir Penal Code (RPC) which deals with causing grievous hurt by dangerous weapons.Altering the conviction of an accused from Section 326 to Section...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 29 - May 5, 2024

Nominal Index [Citations 98 - 105]:Jahangir Ahmad Wani Vs UT Of J&K 2024 LiveLaw (JKL) 98Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo 2024 LiveLaw (JKL) 99Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K 2024 LiveLaw (JKL) 100Abdul Hamid Khandey Vs United India Insurance Company Limited and others 2024 LiveLaw (JKL) 101Rupen Patel Vs Union Of India 2024 LiveLaw (JKL) 102GHULAM QADIR MIR...

Mere Filing Of Representation Doesn't Extend Period Of Limitation Unless Any Action Is Taken : Jammu & Kashmir High Court

A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjay Dhar while deciding a Writ Petition in the case of Mohd. Sadeeq vs State of J & K and Anr. has held that mere filing of representations does not extend the period of limitation unless an action has been taken on those representations. Background Facts Mohd. Sadeeq (Petitioner) was...

Wife Attending Midnight Calls Despite Husband's Repeated Objections, Doesn't Amount to Abetment of Suicide: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a wife attending calls from unknown numbers during the dead of night wouldn't constitute abetment of suicide under Section 107 of the Indian Penal Code (IPC).Justice Sanjeev Kumar made this observation while dismissing a criminal revision petition filed by Kunti Devi, the mother of the deceased, Surinder Kumar, against the discharge...

Benefits Under Central Assistance Scheme Can't Be Denied To Victims Of Terrorism Solely Because Incident Occurred Before Its Official Launch: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that victims of terrorist violence, communal clashes, left-wing extremism, cross-border firing, and mine/IED blasts cannot be denied benefits under the Central Scheme for Assistance to Civilian Victims (CSACV) solely because the incident occurred before the scheme's official launch.In allowing a plea for compensation under the scheme...

Unregistered Agreement To Sell Doesn't Grant Ownership Rights, No Suit For Declaration Can Be Filed Based On Such Agreements: J&K High Court

Reinforcing the legal principle that an unregistered agreement to sell cannot confer any right, title, or interest in immovable property the Jammu and Kashmir and Ladakh High Court emphasised that such agreements do not grant ownership rights.Clarifying that the appropriate recourse for the beneficiary-vendee in cases of agreement violations is to seek specific performance of the contract a...

Jammu & Kashmir And Ladakh High Court Monthly Digest: April 2024 [Citations 70 - 97]

Nominal Index:UT Of J&K Vs Shabir Ahmad Dar 2024 LiveLaw (JKL) 70National Insurance Co. Vs Rakesh Kumar Sharma 2024 LiveLaw (JKL) 71LYCEUM PUBLIC SCHOOL Vs UT OF J&K 2024 LiveLaw (JKL) 72Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 73Abdul Qayoom Ganaie Vs UT of J&K 2024 LiveLaw (JKL) 74Ghar Singh vs University of Jammu & Ors 2024 LiveLaw...

Economic & Public Interest Valid Grounds For Initiating LOCs Provided They Are Founded On Substantial Material: J&K High Court

Clarifying the scope under which Look Out Circulars (LOCs) can be issued, the Jammu and Kashmir and Ladakh High Court has ruled that LOCs can be used against individuals if their departure from the country would be detrimental to the economic or public interests, provided the decision is based on substantial material.“It is to be borne in mind that issuance of LOCs under the aforesaid...

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that an insurance company cannot be held liable to compensate an insured unless the vehicle owner discharges the initial burden of proving the driver's license validity.In dismissing a review petition and upholding its order of exonerating the insurance company from its liability to indemnify Justice Javed Iqbal Wani observed,“In view of...

J&K Shariat Act, 2007 Paramount In Nature, Overrides All Customary Laws Within Domain Of Personal Law Matters: High Court

Underscoring the paramount nature of the J&K Shariat Act 2007, the Jammu and Kashmir and Ladakh High Court has ruled that the J&K Muslim Personal Law (Shariat) Application Act, 2007 overrides all customary laws in personal law matters.Upholding the order of a lower forum in terms of which it has set aside a mutation done in contravention to the Act Justice Javed Iqbal...

J&K HC Dismisses Plea By Greater Kashmir Newspaper To Quash Defamation Proceedings For Publications Against DAV's Management Committee

The Jammu and Kashmir and Ladakh High Court has dismissed a petition filed by Greater Kashmir, a J&K based newspaper, seeking to quash defamation proceedings initiated against the publication for allegedly defamatory news articles concerning the DAV Management Committee.A bench of Justice Rahul Bharti thus vacated its interim freeze order on the proceedings that had been in force...