High Court of J & K and Ladakh
Sarcastic Remarks, Mere Harassment By Husband Due To Marital Discord Not 'Abetment Of Suicide': Jammu & Kashmir High Court
Mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks per se does not attract the offence of abetment of suicide, the Jammu & Kashmir and Ladakh High Court held recently.While upholding the acquittal of a man from charges under Section 306 of the Ranbir Penal Code (RPC) after his wife set herself ablaze and died, a single bench of Justice...
25 Yrs On, Jammu & Kashmir High Court Directs Departmental Promotion Committee To Consider Promotion Of Cop Posthumously
The Jammu & Kashmir and Ladakh High Court has recently ordered the Home Department to constitute a fresh Departmental Promotion Committee (DPC) to consider the posthumous promotion of a late police officer to the rank of Assistant Commandant. The court's decision came after a prolonged legal battle spanning 25 years, in which the petitioner had sought rightful promotion and recognition...
No Compulsory Retirement Merely On Committee Recommendation, Competent Authority Must Be Satisfied Of 'Bonafide' Public Interest: J&K High Court
Shedding light on the criteria for compulsory retirement of government employees under the J&K Civil Services Regulations, the Jammu & Kashmir and Ladakh High Court has held that the decision to retire an employee prematurely cannot be solely based on recommendations from a committee. Instead, the competent authority must independently form a bona fide opinion that the retirement is...
Employer Making EPF Contribution Under Central Act Can't Be Compelled To Contribute For Same Employee Under State Act: Jammu & Kashmir High Court
The Jammu & Kashmir High Court has ruled that employers cannot be forced to contribute to the Employees' Provident Fund (EPF) under both the Central Employees Provident Fund Act and the Jammu and Kashmir EPF Act for the same employee. Making duplicate contributions would amount to doubling the liability on the part of the employer, the court emphasised.The observations we made by a bench...
Jammu & Kashmir And Ladakh High Court Monthly Digest: June 2023
Nominal Index [Citations 144 - 168]:Ghulam Nabi Mir Vs UT of J&K 2023 LiveLaw (JKL) 144Makhan Lal Vs UT of J&K 2023 LiveLaw (JKL) 145Rahul Kumar Vs UT of J&K 2023 LiveLaw (JKL) 146Ravi Kumar Vs UT of J&K 2023 LiveLaw (JKL) 147Rajni Devi Vs State of J&K 2023 LiveLaw (JKL) 148Hakim Din Vs Akbar Noor & Ors 2023 LiveLaw (JKL) 149Union of India v. S.P. Singla Construction...
CCS Rules Cannot Be Applied To CRPF Constables Unless CRPF Rules Are Silent On A Specific Matter: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court while reiterating that the service conditions of a CRPF Constable (probationer) are governed by the CRPF Rules 1955 has also emphasised that the Central Civil Services (CCS) Rules can only be applied if the CRPF Rules do not explicitly address a specific issue.If a case is already covered by the CRPF Rules, there is no need to refer to the...
Jammu & Kashmir High Court Upholds Acquittal Of BSF Personnel In Army Patrol Firing Case That Occurred During Kargil War
The Jammu and Kashmir and Ladakh High Court has recently upheld the acquittal of Border Security Force (BSF) personnel accused in the highly controversial Army patrol firing case that took place on the fateful night of July 16/17, 1999 during the Kargil War."Unfortunately, respondents have been roped in, merely on the basis of suspicion, otherwise, there is absolutely no evidence to...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 26 - July 02
Nominal IndexMst Jana Vs State of J&K 2023 LiveLaw (JKL) 162Mohd Sharief and others Vs State of J&K 2023 LiveLaw (JKL) 163National Insurance Co. Ltd. Subash Chander Vs Subash Chander and others. National Insurance Company Ltd 2023 LiveLaw (JKL) 164State of J&K Vs Sham Lal 2023 LiveLaw (JKL) 165M/s Ali Shah through Arif Ahmad Shah Versus Union of India and others 2023 LiveLaw...
CJI DY Chandrachud Lays Foundation Stone Of New High Court Complex In Jammu, Launches E-Initiatives
Chief Justice of India (CJI) Dr D Y Chandrachud on Wednesday laid the foundation stone of a new high court complex in Jammu. The state-of-the-art complex, estimated to cost over Rs 800 crore, is located in the Raika forest belt on the outskirts of Jammu.Lieutenant Governor of J&K Manoj Sinha, Lieutenant Governor of Ladakh, Brig B.D. Mishra (Retd.) and judges of the Supreme Court and...
Jammu & Kashmir HC Refuses Interest On Delayed Disbursal Under 'Budgetary Support Scheme', Says Its Not A Right But Concession For Industrial Units
The Jammu & Kashmir and Ladakh High Court has recently ruled that the benefit provided under the Budgetary Support Scheme is not a 'right' of industrial units. Instead, it is regarded as a concession or incentive granted by the Government of India to assist these units in overcoming financial challenges resulting from the withdrawal of area-based exemptions under the Central Excise Act,...
Genuine Case For Relaxation: J&K High Court Directs Govt To Reconsider Employee's Claim For Reimbursement Of Medical Expenses Incurred Outside State
The Jammu & Kashmir High Court has ruled in favour of a contractual government employee, stating that medical expenses incurred by her for her husband's treatment outside the erstwhile State should be reimbursed. The court emphasized that the government's power to relax rules should be used genuinely, not just to decorate the "Rule Book," and should be exercised in cases where...
J&K High Court Bar Association Jammu Demands Shifting Of District Courts And Other Forums To Raika Along With High Court
The Jammu & Kashmir High Court Bar Association at Jammu on Monday resolved in favour of shifting district courts and other forums to Raika, along with the High Court. The committee members, including senior advocates and former bar presidents/office-bearers, unanimously agreed on the need for infrastructural development and a better working environment for the legal fraternity.It is...