High Court of J & K and Ladakh
Jammu & Kashmir High Court Sets Aside "Unceremonious Disengagement" Of Special Police Officer For Non-Compliance Of Natural Justice Principles
The Jammu & Kashmir High Court has quashed the dismissal of a Special Police Officer (SPO) and reinstated him to his position, reiterating that adherence to the principles of natural justice is nothing but common sense justice.“…You cannot condemn a person to suffer an adverse consequence in the context of his public position/employment without affording him/her an opportunity of...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: 17 July To 23 July, 2023
Nominal Index:Mohd. Abdullah Vs Manager, Trumboo Cement Industry Limited and Another 2023 LiveLaw (JKL) 184National Insurance Company Limited Vs Mst. Aisha Bano & Ors. 2023 LiveLaw (JKL) 185Commissioner of Central GST and Central Excise Vs Krishi Rasayan Exports Pvt. Ltd 2023 LiveLaw (JKL) 186Mohammad Yousuf Allie Vs High Court of JK Th. its Registrar General & Anr 2023...
Juvenile Justice Board Is 'Criminal Court' Justifying Withholding Of Passport U/S 6(2)(f): Jammu & Kashmir High Court
The Jammu & Kashmir High Court has clarified that a Juvenile Justice Board possesses all the trappings of a Criminal Court, justifying the non-issuance of passport or travel documents under Section 6(2)(f) of the Passport Act to a person facing proceedings before the JJB.Section 6(2)(f) provides for refusal of passport where proceedings in respect of an offence alleged to have been...
Indicate Steps Taken To Address Shortage Of Medical Officers, Staff In Jammu & Kashmir: High Court To Govt
The Jammu & Kashmir and Ladakh High Court has sought a report from the UT administration indicating the steps taken to address the critical shortage of Medical Officers and staff in the region.The direction to this effect was passed by a bench of Chief Justice N Kotiswar Singh & Justice M A Chowdhary while hearing a PIL filed in 2018 by RTI Activist Balwinder Singh alleging...
Jammu & Kashmir High Court Declines Contempt Action Against SSB Chairman Citing UT Admin's Decision Withdrawing Posts After Reorganisation
The Jammu and Kashmir High Court today refused to initiate contempt action against the Chairman of J&K Service Selection Board for non-compliance of its 2013 direction for undertaking fresh selection process to the posts of Assistant Information Officer Grade-II for which the advertisement was issued in 2006.A bench of Chief Justice N Kotiswar Singh & Justice Javed Iqbal Wani noted...
Jammu & Kashmir High Court Upholds Termination Of Judicial Officer, Says Fraudulent Appointments Not Entitled To Safeguards Under Article 311
The Jammu & Kashmir High Court on Wednesday upheld the termination of a judicial officer on the ground that he fraudulently obtained the benefit of “Resident of Backward Area” certificate during the selection process.RBA certificate in J&K is akin to a caste certificate elsewhere, based on which the benefit of reservation is taken in Government service.Court said a person who...
J&K Roads Development Agency Is Exempted From TDS Deduction On TD Account Interest: Jammu & Kashmir High Court
The Jammu & Kashmir High Court has held that the J&K State Rural Roads Development Agency (JKSRRDA) is exempt from TDS deduction on interest income accrued on Term Deposit Accounts.The bench of Justice Sanjeev Kumar and Justice Puneet Gupta has observed that JKSRRDA is a society registered under the J&K Societies Registration Act, 1998, and is a body wholly financed by the...
No Recovery Proceedings U/S 11A Central Excise Act Unless Sanctioned Refunds Reversed In Appeal: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has ruled that Section 11A of the Central Excise Act 1944 which deals with recovery proceedings is not applicable when the excise duty refund has been sanctioned by the competent authority through proper assessment and after following due process. “Unless the orders of sanctioning refund passed by the Adjudicating Authority are reversed in appeal...
[Motor Accident Death] No Interest Can Be Awarded On Compensation For 'Future Prospects': Jammu & Kashmir High Court
The Jammu & Kashmir High Court has ruled that there is no need to award interest on compensation ordered under the head of 'future prospects' in a motor accident death case. Justice M.A Chowdhary explained that 'future prospects' are linked to potential income to be received in the future and thus interest cannot be granted on a future income.“The reason for awarding interest on...
'Court Has Not To Go Door To Door Seeking Compliance': Jammu & Kashmir High Court Issues Contempt Notices To Two Senior Govt Officials
The Jammu and Kashmir High Court has issued contempt notices to two senior officials of the UT for their prima facie wilful continuing contempt of its regularization order passed in favour of a daily wager in J&K Rural Development Department, back in 2016.“This Court has not to go door to door seeking each and every Department of the Govt. of UT of Jammu and Kashmir for the purpose...
Employees’ Compensation Act | Insurer Not Automatically Liable To Indemnify Employer For Interest On Delayed Payment Of Compensation: J&K High Court
The Jammu and Kashmir & Ladakh High Court has ruled that an insurance company cannot be, as a matter of rule, asked to indemnify an employer for the interest and penalty payable for delayed payment of compensation under the Employee's Compensation Act, 1923.A single bench of Justice Sanjeev Kumar held,"It is true that under the policy of insurance covering the injuries and death...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 10 To July 16
Nominal IndexChand Devi Vs Sonam Choudhary 2023 LiveLaw (JKL) 177United India Insurance Vs Sajjad Hussain 2023 LiveLaw (JKL) 178National Insurance Company Ltd. thr. Its Divisional Manager and Anr Vs M/S Rash Builders Civil Contractors and Suppliers thr. its Manager 2023 LiveLaw (JKL) 179Bilal Ahmad Ganaie Vs Sweety Rashid & Ors 2023 LiveLaw (JKL) 180Abid Hussain Ganie Vs UT of J&K...