Jammu And Kashmir And Ladakh High Court Monthly Digest: December 2023

Nominal Index:Building Operation Controlling Authority Vs Vikas Gupta 2023 LiveLaw (JKL) 302Members of Saini Community Th. Suksham Singh Vs UT of J&K 2023 LiveLaw (JKL) 303Mehmooda Vs State of J&K 2023 LiveLaw (JKL) 304The New India Assurance Co. Ltd Vs Safder Ali 2023 LiveLaw (JKL) 305Subash Choudhary Vs J&K Special Tribunal Jammu 2023 LiveLaw (JKL) 306NADEEM UR REHMAN &...

Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part II [Citations 151 - 330]

Nominal Index:Raja Sajad Ahmad Wan Vs State of J&K 2023 LiveLaw (JKL) 151M/s Best Crop Science Industrial Area Versus Union of India 2023 LiveLaw (JKL) 152Mahant Subash Shah Vs Kabir Singh & Anr 2023 LiveLaw (JKL) 153State of J&K Vs Davinder Kumar & Ors 2023 LiveLaw (JKL) 154State (now UT) of J&K Vs Bashir Ahmad 2023 LiveLaw (JKL) 155Shukal Singh Vs v/s G.M.,...

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the expression "sufficient cause" in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking condonation of delay.The court emphasized that government departments are equally bound by the law of limitation and must provide cogent and plausible explanations for delays.Justice Javed...

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...