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...

CRPF | Mere Receipt Of Termination Order In Kashmir Doesn't Confer Jurisdiction To Hear Challenge Against Order Passed In Patna: J&K High Court

The Jammu and Kashmir and Ladakh High Court recently refused to hear challenge to an order passed by CRPF commandant in Patna terminating the services of a personnel, merely because the latter received such order in Kashmir.A single bench of Justice Sanjay Dhar observed,"In the instant case, the order whereby the petitioner has been declared as a ‘deserter’ has been passed by Commandant...

Jammu & Kashmir And Ladakh High Court Half Yearly Digest [January - June 2023]

Nominal Index [Citations 1- 168]:Gulshan Nazir Vs Union of India 2023 LiveLaw (JKL) 1M/S Aisha Construction Vs JKCA 2023 LiveLaw (JKL ) 2Manzoor Ahmad Mir Vs UT of J&K 2023 LiveLaw (JKL) 3Godrej Consumer Products Limited Versus Union of India 2023 LiveLaw (JKL) 4Mst Zaiba Vs Ghulam Ahmad Zargar & Ors 2023 LiveLaw(JKL) 5Zahid Nabi Khan Vs UT of J&K 2023 LiveLaw (JKL) 6Khazir...

'Toilets For Both Boys & Girls Absolutely Essential For Smooth Functioning Of Schools': Jammu & Kashmir High Court Sets One Month Deadline

The Jammu and Kashmir High Court has ordered swift action for the enhancement of infrastructure facilities in both Primary and Secondary Schools across urban and rural areas in the Union Territory of Jammu & Kashmir and Ladakh.A bench of Chief Justice N. Kotiswar Singh & Justice Wasim Sadiq Nargal emphasized the paramount importance of adequate infrastructure, stating,“...The...

Notaries Empowered To Attest Affidavits For Writ Proceedings Before High Court: Jammu & Kashmir HC

The Jammu & Kashmir High Court on Wednesday upheld the validity of affidavits attested by Notaries appointed under the Notaries Act 1952 for use in writ proceedings before the High Court.Single bench of Justice Sanjay Dhar rejected the preliminary objection raised by private respondents, arguing that affidavit accompanying a writ petition has to be attested by the Oath Commissioner only....

UAPA | Jammu & Kashmir High Court Issues Guidelines To Expedite Trials Especially During Stage Of Prosecution Evidence

The Jammu & Kashmir High Court has issued a set of guidelines to Trial Courts in the State to expedite trials, especially during the stage of prosecution evidence. The guidelines came to be passed by a bench of Justice Atul Sreedharan & Justice Mohan Lal while hearing an appeal filed by a UAPA accused, seeking bail.The appellant's counsel argued that the delay in trial violated...

Non-Disclosure Of Material Information By Probationer Sufficient Ground For Termination Without Formal Enquiry: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has recently ruled that non-disclosure of material information or submission of false information by a government employee, especially in a belt force like the Central Reserve Police Force (CRPF), can be sufficient ground for termination without the need for a formal enquiry, if the employee is on probation.“…Even if the employer comes to know about...