[O.6 R.17 CPC] Amendment Of Pleadings Are Intended To Promote Ends Of Justice, Not Defeat Them: J&K High Court

Upholding the true spirit of Order 6 Rule 17 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court has ruled that amendments to pleadings are meant to promote justice, not hinder it.A bench of Justice Javed Iqbal Wani has emphasised,“The object of the Rule is that the courts should try the merits of the cases that come before them and should consequently allow...

Court Is Considered Place Where Truth, Justice Are Solemn Pursuits: J&K High Court Slams Litigant For Contradictory Statements, Imposes 20K Costs

Upholding the sanctity and solemnity of legal proceedings the Jammu and Kashmir and Ladakh High Court has dismissed an appeal challenging an order passed by the Deputy Commissioner (DC) Jammu regarding a land mutation.Emphasizing the importance of transparency and honesty in legal proceedings, a Division bench of Chief Justice N Kotiswar Singh & Justice Wasim Sadiq Nargal observed,“In...

“Fraud Vitiates Everything”: J&K High Court Upholds Dismissal Of CRPF Personnel For Fabricated Documents Despite 16 Yrs Service

The Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a CRPF (Central Reserve Police Force) constable who secured appointment in the force using fabricated documents. The court ruled that even though the constable had served for 16 years, "fraud vitiates everything," and the principles of natural justice do not apply in such cases.A bench of Justice Javed Iqbal...

Employee Not Approaching Court During Active Service Can't Be A Premise To Treat Similarly Situated Employees Differently, Deny Promotion: J&K High Court

Upholding the principle of equality in a promotion case, the Jammu and Kashmir and Ladakh High has ruled that an employee cannot be denied promotion benefits solely because they did not approach the court while in active service.In dismissing an intra-court appeal against a judgment whereby the plea of an employee for his retrospective promotion had been allowed Chief Justice N Kotiswar Singh...

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court

Safeguarding civil liberties by quashing a detention order under the Jammu and Kashmir Public Safety Act 1978 (PSA), the Jammu and Kashmir and Ladakh High Court has ruled that it is imperative for the Courts to meticulously scrutinize cases involving detention laws, ensuring strict adherence to procedural norms and safeguarding against governmental overreach.The Divison bench comprising...

[Industrial Disputes Act] Labour Tribunal Competent To Order Reinstatement Of Workman If Order Of Dismissal Found Unjustified: J&K High Court

Emphasising the authority of labour courts and tribunals to order reinstatement the Jammu and Kashmir and Ladakh High Court has said that when a worker's dismissal is deemed unjustified the Tribunal may by its award set aside the order of discharge or dismissal and direct reinstatement of the workman.Debunking a contention that Labor Tribunals lack the competence to pass such orders ...

Heinousness Of Crime No Consideration For Granting Bail To Juvenile Must Consider Risk Of Association With Criminals, Juvenile's Safety: J&K High Court

Reaffirming the paramount importance of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) the Jammu and Kashmir and Ladakh High Court has ruled that the heinousness of the crime or other considerations, typically weighed in adult bail matters, should not influence decisions regarding juvenile bail pleas.In allowing a bail application of a Juvenile under...

Mere Assertion That Property Is Undivided Doesn't Restrict Co-Sharer From Making Construction On Their Portion: J&K High Court

Clarifying property rights of co-sharers, the Jammu and Kashmir and Ladakh High Court has ruled that a mere assertion that the property is undivided doesn't restrict a co-sharer from construction on their portion.A bench of Justice Puneet Gupta maintained that mere raising of construction by one co-sharer in the property does not mean that the other co-sharer will lose his interest in the...

Daily-Wager Rendering Continuous Service For Seven Years Cannot Be Classified As "Casual Labor" To Deny Regularization: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that a daily wage worker who renders continuous service for more than seven years cannot be classified as "casual labour" and is entitled to benefits like regularization.Clarifying the fine between distinction between the two Justice Sanjeev Kumar observed,“Casual Labour‟ refers to labour whose employment is intermittent,...

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist

Granting bail to a woman accused of harbouring a terrorist the Jammu and Kashmir and Ladakh High Court has observed that framing charges under stringent anti-terror laws is not enough to deny bail if the accused presents a case for release.In allowing her plea for bail a Division bench comprising Justices Tashi Rabstan & Puneet Gupta observed,“The framing of charge against the accused...

Jammu and Kashmir and Ladakh High Court Weekly Roundup March 18 - March 24, 2024

Nominal Index:Anil Kumar Aggarwal V/s Enforcement Directorate th. its Assistant Director, Jammu 2024 LiveLaw (JKL) 44Union of India Vs Chain Singh & Ors 2023 LiveLaw (JKL) 45Amit Kumar Vs UT of J&K 2024 LiveLaw (JKL) 46Om Prakash Vs UT Of J&K 2024 LiveLaw (JKL) 47Shani Devi Vs Fr. Tomi Principal Christ School 2024 LiveLaw (JKL) 48Shabir Ahmad Wani Vs UT Of J&K 2024 LiveLaw...

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court

Clarifying the applicability of the bar under Order 23 Rule 3-A of the Civil Procedure Code (CPC) to challenge compromise decrees the Jammu and Kashmir and Ladakh High Court has recently ruled that said bar does not apply to non-party challengers of compromise decrees, provided they are not claiming any right through a party to the compromise decree.Order 23 Rule 3-A of the Civil Procedure...