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...

Srinagar Admin Imposes Restrictions Under Section 144 CrPC On J&K High Court Bar Association Elections, Gathering Of 4 Or More Prohibited

The District Magistrate in Srinagar has imposed restrictions under Section 144 of the Criminal Procedure Code (CrPC) on the holding of elections to the J&K High Court Bar Association (JKHCBA) Srinagar and warned of punitive action in case of gathering of four or more people at District Court Complex, Mominabad, Batamaloo, or any other location for the purpose of the HCBA elections...

[PSI Recruitment Scam] Completion Of Investigation Qua Accused, Not Investigation Of Entire Case Material To Determine Default Bail: J&K High Court

The Jammu & Kashmir and Ladakh High Court on Friday rejected the applications for default bail moved by several accused in the J&K Police Sub-inspector Recruitment Scam, including alleged mastermind Yatin Yadav.The petitioners had contended that the investigating agency found two sets of conspiracy. They claimed that though it investigated the smaller conspiracy according to...

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court

The Jammu and Kashmir High Court on Tuesday ruled that a contractual employee is not entitled to a full-fledged regular enquiry before termination, even if the termination is stigmatic in nature.Justice Sanjay Dhar made these observations in a case filed by a Gram Rozgar Sahayak (GRS) who was terminated from his services by the Rural Development Department. The petitioner had challenged...

S.397(3) CrPC | Filing Revision Petition Before Sessions Court Doesn't Bar High Court's Inherent Jurisdiction: Jammu & Kashmir HC

The Jammu & Kashmir High Court while emphasising the wide amplitude of the High Court's inherent powers has clarified that filing a revision petition before a Sessions Court does not preclude the petitioner from invoking the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure (Cr.P.C). A bench of Justice M A Chowdhary made these clarifications...

No FIR Against Detenu, Record Appears To Be Manipulated: Jammu & Kashmir High Court Quashes Preventive Detention Order

The Jammu and Kashmir and Ladakh High Court has quashed a preventive detention order passed against a person in absence of any FIR against him. A single bench of Justice Sanjay Dhar remarked,"Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 27 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind...

Fitness Certificate Implicit In Temporary Registration Certificate For New Vehicles: Jammu & Kashmir High Court

The Jammu and Kashmir & Ladakh High Court has held that a fitness certificate is implicitly included in the temporary registration certificate issued to a brand-new vehicle and hence repudiating an insurance claim solely based on the absence of a fitness certificate is not sustainable in law.“…The object behind the requirement of a fitness certificate under Section 56 of the Act and...