25 Years On, Jammu & Kashmir High Court Orders Compensation To Landowners Affected By Ranjit Sagar Dam Submersion

The Jammu & Kashmir High Court recently directed the Union Territory to pay compensation to the landowners whose properties were submerged due to the construction of the Ranjit Sagar Dam (also known as Thein Dam Project) over 25 years ago. Justice Wasim Sadiq Nargal added that the petitioners should not have to wait for intergovernmental settlements for the disbursement obligated...

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. A bench of Justices Sanjay Dhar and Rajesh Sekhri added that women have the right...

Legality Of Award Passed By Labour Court Can't Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India. The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders from a Civil Court can be contested before the High Court only under Article...

Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High Court

The Jammu and Kashmir High Court recently held that insurance agents are required to provide careful and diligent assistance to customers while helping them complete insurance applications as intermediaries between clients and insurance companies.A division bench of Justices Tashi Rabstan and Wasim Sadiq Nargal thus granted relief to the owner of a Hydraulic Excavator whose insurance claim...

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated.Justice Sindhu Sharma thus dismissed a revision petition challenging an order passed by the trial court which had allowed...

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...