High Court of J & K and Ladakh
Using Higher Denomination Note For Goods Of Lower Value Insufficient To Prove Knowledge For Possessing Counterfeit Currency: J&K High Court
The Jammu & Kashmir and Ladakh High Court recently observed that tendering a higher denomination currency note for goods of lower value is common practice and does not necessarily indicate knowledge of forged notes.Justice Sanjay Dhar added that no liability can be imposed under Sections 489B and 489C of the RPC unless it is proven that the person in possession or using forged currency...
Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947.Justice Sanjay Dhar added that any cessation of a workman's service, apart from...
'Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High Court
Clarifying the interpretation of the term "temporary residence" under the Protection of Women from Domestic Violence Act, 2005, the Jammu and Kashmir and Ladakh High Court has emphasised that a "temporary residence" encompasses situations where an individual is compelled to find refuge due to domestic violence, or where they have been forced out of their matrimonial home.“A...
J&K&L High Court Chief Justice Leads 'Tiranga Rally' In Srinagar To Celebrate 75 Years Of Independence
The Jammu and Kashmir and Ladakh High Court Chief Justice on Sunday flagged a monumental 'Tiranga Rally' to honour the sacrifices made by those who fought for India's freedom and mark the nation's glorious 75-year journey since Independence.Flagging off the event from the Srinagar Wing of the High Court, Chief Justice N Kotiswar Singh lead the procession himself with the rally concluding at...
Jammu And Kashmir And Ladakh High Court Weekly Round-Up: August 7 - August 13, 2023
Nominal Index:Shahnawaz Ahmad Vs Union Of India 2023 LiveLaw (JKL) 209Mudasir Nazir Vs University Of kashmir 2023 LiveLaw (JKL) 210State Of J&K vs Narayan Dutt 2023 LiveLaw (JKL) 211Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K 2023 LiveLaw (JKL) 212Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) Vs State of J&K and Ors 2023 LiveLaw (JKL) 213Jammu and Kashmir...
LAHDC Elections: High Court Directs Ladakh Authorities To Allow J&K National Conference Candidates To Contest On Reserved Symbol 'Plough'
The Jammu and Kashmir High Court has directed the Union Territory (UT) of Ladakh to let candidates of the J&K National Conference (JKNC) contest on their reserved election symbol 'Plough' in the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections.“Keeping in view that the upcoming General Election of Ladakh Autonomous Hill Development Council (LAHDC) stands announced,...
Employee Free To Challenge Conditions Of Appointment Order If They Are Not In Conformity With Law: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has upheld the right of an employee to challenge the conditions of his/her appointment order in case the same is not in conformity with law.A single bench of Justice Wasim Sadiq Nargal observed,"Once, the respondents have admitted their mistake of granting the lower pay scale to the petitioner in spite of the fact that the petitioner was entitled...
Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami
The Jammu and Kashmir High Court has upheld the preventive detention order issued against Ab. Hameed Ganie, allegedly former "Ameer" (leader) of banned organization Jamat-e-Islami. The detention order was passed by District Magistrate, Shopian on September 16, 2022, under the provisions of J&K Public Safety Act, 1978.“Having glance of the grounds of detention, it is clear that right...
Bank Not Obliged To Deduct TDS From FDR Interest To Jammu Development Authority: Jammu & Kashmir And Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has held that the assessee bank shall not be obliged to deduct TDS from the interest payments made to the Jammu Development Authority (JDA) on its amount kept in FDRs.The bench of Justice Sanjeev Kumar and Justice Javed Iqbal Wani has observed that the JDA is similar to the Agra Development Authority, constituted under the provisions of the...
J&K Civil Service Regulations | Competent Authority Must Form Bonafide Opinion Based On Relevant Record For Compulsory Retirement: High Court
The Jammu and Kashmir and Ladakh High Court has ruled that to enforce an order of 'compulsory retirement' upon a government servant, the competent authority must reach a bona fide opinion, based on relevant material, that such order is necessary in public interest.“Merely because the committee has made recommendations for retirement of writ petitioner, he cannot be compulsorily retired...
[Section 104 CPC] Jammu & Kashmir High Court Says Power Of Appellate Court Circumscribed In Injunction Matters
The Jammu and Kashmir and Ladakh High Court has ruled that an appellate court should be hesitant to intervene and overturn the lower court's decision in injunction applications, solely on the notion that it might have reached a different conclusion if it had considered the matter initially. It emphasised that if the trial court exercises its discretion reasonably and judiciously, the...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: 31 July - 6 August, 2023
Nominal Index:Ghulam Rasool Sofi Vs State Of J&k 2023 LiveLaw (JKL) 199Mohammad Younis Mir Vs Union Territory of J&K & Anr 2023 LiveLaw (JKL) 200Ravinder Kumar Vs State of J&K 2023 LiveLaw (JKL) 201Shahbaz Ahmad Palla 2023 LiveLaw (JKL) 202Yoginder Singh Vs Union Of India 2023 LiveLaw (JKL) 203Imran Nabi Wani Vs UT of J&K 2023 LiveLaw (JKL) 204State Of J&K Vs...