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...

'In Case Based On Circumstantial Evidence, Motive Assumes Importance': Jammu & Kashmir HC Upholds Acquittal In 15 Yrs Old Murder Case

The Jammu & Kashmir and Ladakh High Court recently upheld the acquittal of a murder accused in a 15 years old case that was based on circumstantial evidence, stating the prosecution failed to show an unbroken chain of events to prove the guilt of the accused.“Where a series of circumstances are dependent on one another, they are to be read as one ingredient as a whole and not separately...

Jammu & Kashmir And Ladakh High Court Monthly Digest: July 2023

Nominal index [Citations 169 - 198]Union Of India Vs Altaf Ahmad Mir 2023 LiveLaw (JKL) 169State of J&K Vs Gulji Bhai & Ors 2023 LiveLaw (JKL) 170State of J&K Vs Rajinder Kumar 2023 LiveLaw (JKL) 171M/s Delton Infra Pvt. Ltd. Vs State of J&K and another 2023 LiveLaw (JKL) 172Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India...

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case

The Jammu and Kashmir High Court on Wednesday upheld the preventive detention of a man who is also the main accused in the DySP lynching case that occurred in Srinagar's Nowhatta area in 2017.The incident dates back to the intervening night of 22nd and 23rd June 2017 when a Deputy Superintendent of Police (DySP) of the security wing of J&K Police was lynched to death by a mob outside...

CRPF | Heavy & Onerous Responsibility On Disciplinary Authority To Ensure Punishment Proportionate To Misconduct: Jammu & Kashmir High Court

Emphasising the vital role of the Disciplinary Authority in ensuring that punishments imposed on delinquent officials are proportionate to their misconduct, the Jammu & Kashmir and Ladakh High Court has quashed the dismissal order of a paramilitary personnel.“The heavy and onerous responsibility lies with the Disciplinary Authority to ensure that the punishment proportionate to...

Prior Permission Mandatory For Jammu & Kashmir High Court Officials To Apply For Competitive Exams Or Further Studies

In a recent circular, the Jammu & Kashmir and Ladakh High Court has addressed a concerning trend among its officers and officials seeking permission to appear in competitive examinations or pursue further studies after submitting their application forms.The circular, dated 25-07-2023 issued to this effect emphasises the importance of seeking permission prior to submitting examination...

"Fundamentalist Muslim Cannot Be Equated With An Extremist Or A Separatist": Jammu & Kashmir High Court

"A fundamentalist Muslim cannot be equated with an extremist or a separatist," the Jammu & Kashmir and Ladakh High Court observed recently.The remarks were made by single bench of Justice Atul Sreedharan while dealing with a petition challenging preventive detention of a 22 years old Muslim man inter alia on the ground that he has become a “hard core fundamentalist”...

Jammu & Kashmir High Court Quashes Order Repatriating Employee To Parent Department After 21 Yrs

Shedding light on the law related to the timeframe for repatriating an employee to his parent department after his deputation, the Jammu & Kashmir High Court has ruled that an employee, who has been permanently absorbed into a borrowing department/organization and whose lien has been terminated in their parent organization cannot be repatriated to their parent organization.“Once...

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order

The Jammu and Kashmir High Court recently emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person.“The courts do not even go into the questions as to whether the facts mentioned in the grounds of detention are correct or false. The reason for the rule is that to decide...

J&K High Court Refuses To Implement Human Rights Commission's Recommendation To Compensate Father Of Youth Killed By Security Agencies

The Jammu and Kashmir & Ladakh High Court has refused to implement the recommendation made by State Human Rights Commission to compensate the father of a youth killed by Indian Securities Agencies.State claimed the youth was a militant and he was killed in an encounter with the Army. The father denied this allegation and asserted that his son was picked up by the Security Agencies and...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 24 - July 30

Nominal indexSanjay Sharma Vs UT ofJ&K 2023 LiveLaw (JKL) 191Subash Chander Vs State of J&K 2023 LiveLaw (JKL) 192Pr. Commissioner of Income Tax Vs M/S The J&K Bank Ltd. 2023 LiveLaw (JKL) 193Khalid Amin Kohli Vs UT of J&K 2023 LiveLaw (JKL) 194Raj Kumar Gupta Vs Bank of India & Ors 2023 LiveLaw(JKL) 195Mohhamd Rafiq Khan Vs PNB 2023 LiveLaw (JKL) 196Abdul Rashid Wani Vs UT...

Admin Order To Take Over Madrasas Run By A Particular Trust Cannot Be Universally Applied To Other Madarsas Being Run Legitimately: J&K High Court

The Jammu & Kashmir High Court on Wednesday quashed the controversial administrative order issued by the Additional Deputy Commissioner, Kishtwar, whereby it had directed the takeover of Madrasas run by several petitioners.A bench of Justice Sanjeev Kumar observed,“…The order passed by the Divisional Commissioner, Jammu dated 14.06.2023 is very specific and pertains only to the...