Army Public Schools Are Not 'State' Under Article 12, Employment Disputes Not Maintainable Under Writ Jurisdiction: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that Army Public Schools (APS) and their governing body, the Army Welfare Education Society (AWES), do not qualify as the "State" under Article 12 of the Indian Constitution.Consequently, a bench of Justice Wasim Sadiq Nargal clarified that employment disputes concerning APS teachers, governed by private contractual terms, cannot...

Notice U/S 271(1)(c) Of IT Act Must Specify Whether Penalty Is Against 'Concealment' Of Income Or Furnishing 'Incorrect' Income: J&K High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that notice to an assessee proposing imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961 has to clearly specify whether assessee is accused of 'concealing' his income or furnishing 'incorrect' income particulars. Section 271(1)(c) stipulates that penalty proceedings can be initiated provided...

High Court Dismisses Plea Challenging Amendment to Public Safety Act By 'J&K Bar Association, Srinagar' Due To Lack of Locus Standi

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary has dismissed a Public Interest Litigation (PIL) filed by the J&K High Court Bar Association, Srinagar. The PIL, which challenged the validity of the 2018 Amendment to the Jammu & Kashmir Public Safety Act (PSA), was dismissed on the grounds of maintainability and lack of...

S.107(4) CGST Act | Appellate Authority Can't Condone Delay Beyond 30 Days In Filing Appeal But HC May Consider Exceptional Cases: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the Appellate Authority under the Central Goods and Services Tax Act/ J&K Goods and Services Tax Act cannot condone the delay in filing appeal beyond 30 days. Section 107(1) prescribes a three months limitation period for presenting appeals. Section 107(4) of the Act confines the appellate authority's power to condone...

Motor Vehicles Act | Cover Note Issued U/S 145 Constitutes Valid 'Certificate Of Insurance' To Establish Insurance Liability: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that a Cover Note issued under Section 145 of the Motor Vehicles Act, 1988 (MVA), constitutes a valid 'Certificate of Insurance', to establish the insurance liability. While overturning a Tribunal's decision and holding the insurer liable to pay compensation for an accident that occurred within the policy's coverage period a bench...

Jammu & Kashmir High Court Admits Petition Challenging Nomination Of 5 MLAs By Lt Governor, Declines Interim Stay

The Jammu and Kashmir and Ladakh High Court has admitted a petition challenging the legality of nominating five members to the Jammu and Kashmir Legislative Assembly by the Lieutenant Governor. However, the court declined to grant interim relief staying the nominations, citing that the government is already in place, which reduces the urgency of the plea.The petition, filed by Ravinder...

Vehicle's Proximity To Accident, Not Its Motion Is Key In Determining Liability Under Motor Vehicles Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the determination of whether an accident has arisen from the use of a motor vehicle depends on whether the accident was reasonably proximate to the vehicle's use, irrespective of whether the vehicle was in motion.A bench of Justice Javed Iqbal Wani has emphasized that a restrictive interpretation of the term "use" would defeat the...

Jammu & Kashmir And Ladakh High Court Weekly Roundup October 14 - October 20, 2024

Nominal Index:Hallmark v. Jammu & Kashmir GST Department & Anr 2024 LiveLaw (JKL) 272Sabahat Sanna Vs Dr Shabir Ahmad 2024 LiveLaw (JKL) 273Sudhir Power Limited v. Union Territory of Jammu and Kashmir & Ors 2024 LiveLaw (JKL) 274Pawan Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 275Syed Tassadque Hussain Vs Union Of India 2024 LiveLaw (JKL) 276Oriental Insurance Company Vs M/S...

Is Letters Patent Appeal Maintainable Against Order Of Single-Judge In Criminal Jurisdiction?: J&K High Court Refers To Larger Bench

To determine whether a Letters Patent Appeal (LPA) under Clause 12 of the Letters Patent applicable to Jammu & Kashmir and Ladakh is maintainable against an order or judgment passed by a Single Judge in criminal jurisdiction, the Division Bench of the Jammu & Kashmir and Ladakh High Court has referred the matter to the Chief Justice for further reference to a Larger Bench.The...

J&K High Court Seeks Details On Medical Care & Pension Benefits Being Extended To Transgender Persons

The Jammu and Kashmir and Ladakh High Court on Wednesday directed the administration to disclose the names of hospitals providing medical care to transgender individuals and sought a detailed report on the formulation of pension schemes for the community.The Bench, comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta, issued these directives while hearing a Public Interest...

Heated Exchange Between Couple/Family Members Over Non-Preparedness Of Food Not Sufficient To Prove Abetment To Suicide: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that a heated exchange between family members over domestic matters such as the preparation of food cannot be construed as abetment to suicide under Section 306 of the Ranbir Penal Code (RPC).Justice M.A. Chowdhary made these observations while dismissing the state's criminal appeal challenging the acquittal of two accused, Rakesh Kumar...

J&K Land Revenue Act | Divisional & Financial Commissioners Hold Concurrent Revision Powers U/S 15 Provided Fair Hearing Is Granted To Parties: HC

The Jammu and Kashmir and Ladakh High Court recently set aside orders passed by the Divisional Commissioner and the Financial Commissioner in a land dispute case, emphasizing the necessity of granting a fair opportunity of hearing to parties affected by revisionary orders under the J&K Land Revenue Act, 1996.A bench of Justice Javed Iqbal Wani observed,"The power is exercisable...