High Court of J & K and Ladakh
Resorted To "Parallel Banking": Jammu & Kashmir High Upholds Peon's Dismissal For Misappropriation Of Funds
Observing that every bank employee is under solemn duty to protect the interest of the bank and to discharge his duties with utmost integrity, the Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a peon from the Ellaquai Dehati Bank.A bench comprising Justice Wasim Sadiq Nargal observed, "The petitioner has betrayed the trust and confidence of the bank by resorting to...
Every Member Of Police Force Required To Have Exceptional Integrity: Jammu & Kashmir High Court Upholds Constable's Termination For Fraud
Observing that every member of the police force is required to have exceptional integrity, the Jammu & Kashmir High Court has upheld the termination of a Constable during probation period for submitting fake document to secure additional points during selection process. A bench comprising Chief Justice Kotiswar Singh and Justice Moksha Kazmi observed that if a candidate, aspiring to become...
Article 22(5) | Everyday Delay By Detaining Authority In Dealing With Detenu's Representation Has To Be Explained: Jammu & Kashmir High Court
While quashing a preventive detention order under J&K Public Safety Act, the Jammu & Kashmir High Court has ruled that Constitution casts legal obligation on the Government to consider the detenu's representation as early as possible.Justice Sanjay Dhar observed,"Everyday delay in dealing with the representation has to be explained and the explanation offered must indicate that there...
Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously.Justice Javed Iqbal Wani made this reiteration while hearing a second appeal against judgment and decree passed by the Court...
FEMA | No Natural Justice Violation If Adjudicating Authority Unable To Furnish Few Documents Relied Upon To Initiate Action: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has emphasised that withholding documents from the aggrieved party does not violate natural justice principles if the opposing party is unable to provide them.A bench comprising Justice Sanjay Dhar made these observations while hearing a plea in terms of which the petitioner had challenged a communication issued by ED officials opining that...
Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
Terming the non-release of a detainee whose detention order under Public Safety Act was quashed by it last year as a very "disturbing scenario", the Jammu and Kashmir and Ladakh High Court has ordered District Magistrate, Baramulla to be personally present before it and also produce the detainee before it next week.A bench comprising Justice Rahul Bharti observed, "Through this writ petition,...
Jammu & Kashmir & Ladakh High Court Weekly Roundup: May 15 - May 21, 2023
Nominal Index:Seema Phull and another Naina Sodi and others Vs United India Insurance Company and another 2023 LiveLaw (JKL) 117Union Of India Vs Madan Lal & Ors 2023 LiveLaw (JKL) 118Bachan Lal. Vs J&K Special Tribunal 2023 LiveLaw (JKL) 119Nissar Ahmad Shah Vs Union of India & Ors 2023 LiveLaw (JKL) 120Abdul Aziz Bhat & Ors Vs Hilal Ahmad Bhat 2023 LiveLaw (JKL)...
Summary Suit | Invoices/ Bills Are “Written Contracts” Within Order 37 CPC: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has clarified that invoices/bills amount to “written contracts” within the contemplation of Order 37 of the CPC to initiate a summary suit.The bench of Justice Javed Iqbal Wani was dealing with a petition moved by the UT administration, original defendant in a summary suit, filed against civil court's refusal to grant unconditional leave to...
Jammu & Kashmir High Court Halts Gurdwara Board Elections Citing Violation Of Sikh Gurdwaras & Religious Endowment Act
The Jammu and Kashmir and Ladakh High Court on Friday stayed the operation of a notification pertaining to the conduct of elections to the Gurdwara Parbandhak Board which was issued by the Divisional Commissioner of Jammu. A bench of Justice Wasim Sadiq Nargal pronounced the order after hearing the petitioner Satinder Singh who informed the court that he has already filed a writ petition...
Jammu & Kashmir High Court Seeks Action Plan From Govt For Smooth Conduct Of Amarnath Yatra
The Jammu and Kashmir and Ladakh High Court has sought a report from the UT Administration regarding its action plan for facilitating tourists and organizing the upcoming Amarnath Yatra pilgrimage. A bench comprising Chief Justice Kotiswar Singh and Justice Moksha Kazmi Khajuria sought the response in a Public Interest Litigation focused on preserving the Sonamarg resort.During the...
J&K Civil Service Regulation | Suspension Period Of Fully Exonerated Govt Servant Has To Be Treated As Time 'On Duty': Jammu & Kashmir High Court
Clarifying the mandate of Article 108-B of the Jammu and Kashmir Civil Service Regulation, the Jammu and Kashmir and Ladakh High Court has observed when a Government servant is completely cleared of any wrongdoing, they are entitled to receive full pay and allowances as if they had never been dismissed, removed, compulsorily retired, or suspended. In such cases, the period of absence from duty...
Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has observed mere protraction of trial or delay in deciding the appeal cannot be considered as a valid reason for reducing the sentence, especially when the appellant has been granted interim bail during the appeal process.A single bench of Justice Sanjay Dhar has while referring to Stat of Rajasthan vs. Banwari Lal and another, 2022 LiveLaw (SC)...