High Court of J & K and Ladakh
Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part I [Citations 1-150]
Nominal Index:Gulshan Nazir Vs Union of India 2023 LiveLaw (JKL) 1M/S Aisha Construction Vs JKCA 2023 LiveLaw (JKL ) 2Manzoor Ahmad Mir Vs UT of J&K 2023 LiveLaw (JKL) 3Godrej Consumer Products Limited Versus Union of India 2023 LiveLaw (JKL) 4Mst Zaiba Vs Ghulam Ahmad Zargar & Ors 2023 LiveLaw(JKL) 5Zahid Nabi Khan Vs UT of J&K 2023 LiveLaw (JKL) 6Khazir Mohammad Naikoo Vs UT...
Contractual Employees Can't Be Terminated Without A Fair Hearing When Dismissal Order Is Stigmatic: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that even contractual appointments cannot be terminated without affording an opportunity for a hearing if the termination is based on allegations of misconduct that cast a stigma on the employee.Addressing the disengagement of employees from the J&K Handicrafts Corporation Justice M A Chowdhary observed,“If an order is founded...
S. 22 POCSO Act| Child Can't Be Prosecuted For Perjury For False Allegations Of Rape: J&K High Court
Emphasising the protection of minors in cases involving false allegations of rape the Jammu and Kashmir and Ladakh High Court has held that a minor cannot be prosecuted for perjury for making false allegations of rape.Citing Section 22 of the Protection of Children from Sexual Offences Act (POCSO) Act, protecting children from punishment for false information Justice Rajesh Oswal...
J&K And Ladakh High Court Seeks Union Finance Ministry's Response On Establishing GST Appellate Tribunal In The Region
The High Court of Jammu and Kashmir and Ladakh has directed the Ministry of Finance, Government of India, to respond to a Public Interest Litigation (PIL) plea urging the establishment of the Goods and Services Tax (GST) Appellate Tribunal in the region.The PIL was prompted by the court's recognition of the challenges faced by litigants due to the absence of the GST Appellate Tribunal in...
Jammu and Kashmir and Ladakh High Court Weekly Roundup December 18 - December 24, 2023
Nominal Index:OWAIS SYED KHAN Vs UT OF J&K & ORS 2023 LiveLaw (JKL) 321Bashir Ahmad Bhat Vs Union Territory of Jammu and Kashmir 2023 LiveLaw (JKL) 322Aabid Rashid Vs Union Territory of Jammu And Kashmir 2023 LiveLaw (JKL) 323Kumar Wanchoo Vs Drug Inspector Manufacturing, Kashmir Division 2023 LiveLaw (JKL) 324Union Territory of J&K V/s Northern Transformers 2023 LiveLaw...
Payment of Compound Interest Under MSMED Act Supersedes All Agreements And Laws: J&K High Court
Underscoring the statutory nature of compound interest under Section 16 of the MSMED Act, the Jammu and Kashmir and Ladakh High Court has ruled that the payment of compound interest under this section is mandatory and the same supersedes any conflicting terms in contracts or existing laws.A bench of Justice Sanjeev Kumar observed,“This condition of payment of compound interest on failure...
Can't Convict Drug Manufacturer Twice For Same Violation Even If Substandard Drug Samples Lifted From Different Places: J&K High Court
Delivering a sigh of relief for a pharmaceutical company caught in the double-bind of double jeopardy, the Jammu and Kashmir and Ladakh High Court has said that the mandate of Section 300 of CrPC read with Article 20 (2) of the Constitution of India clearly instructs that person once convicted or acquitted for the commission of offence cannot be tried subsequently for the same offence.In...
'No Vested Right To Continue': J&K High Court Denies Relief To Contractual Doctor Seeking Service Extension Post COVID Hospitals Closure
The Jammu and Kashmir and Ladakh High Court has ruled against a petition filed by 116 doctors and medical staff who sought to continue their services at temporary Covid hospitals even after they were closed down.Dismissing their plea for seeking an extension of their services Justice MA Chowdhary observed,“The contractual employment has no vested right to continue and it is not open for...
Necessary To Read S. 37 NDPS Act Subject To Fundamental Right To Life & Liberty Guaranteed U/Article 21: J&K High Court
In a delicate balancing act, the Jammu and Kashmir and Ladakh High Court has upheld the stringent bail restrictions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, but crucially acknowledged the fundamental right to a speedy trial enshrined in Article 21 of the Constitution.Emphasising the necessity to interpret Section 37 of the NDPS Act in harmony with the fundamental right...
Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court
Upholding basic rights and safeguards against arbitrary detention, the Jammu and Kashmir and Ladakh High Court has quashed a detention order of a detenue citing an unexplained delay in executing the order as casting doubt on the detaining authority's genuine concerns.Allowing a Habeas Corpus petition Justice Sanjay Dhar observed,“When there is an unsatisfactory and unexplained delay...
Jammu and Kashmir and Ladakh High Court Weekly Roundup December 11 - December 17, 2023
Nominal Index:Asif Sultan Saida Vs Union Territory of J&K and anr 2023 LiveLaw (JKL) 312Dr. Sandeep Mawa Vs U.T. of Jammu & Kashmir 2023 LiveLaw (JKL) 313Inderjeet Khajuria Vs State Of J&K 2023 LiveLaw (JKL) 314Bari Shah Vs UT of J&K 2023 LiveLaw (JKL) 315Jamsheed Haroon and Another 2023 LiveLaw (JKL) 316SMT. RANJEET KOUR Vs. STATE OF J&K & ORS 2023 LiveLaw (JKL)...
'Can't Stall Public Importance Projects Halfway': J&K High Court Upholds Sanitation Contracts To Sulabh Int'l Society Sans Inviting Tenders
The Jammu & Kashmir and Ladakh High Court has upheld the allotment of sanitation contracts to a renowned NGO, Sulabh International Social Service Organization (SISSO), without inviting tenders.A division bench of Justices Tashi Rabstan and Rahul Bharti has observed that the allotment of contracts is not always bound by a tendering process and can be granted through negotiations,...