J&K&L High Court Flags Borrowers' Misuse Of Courts To Stall Loan Recovery; Says Conduct Defeats SARFAESI Act's Purpose

Deploring the growing tendency of defaulting borrowers to misuse judicial remedies to stall recovery of public money, the High Court of Jammu & Kashmir and Ladakh has held that such conduct strikes at the very purpose of the SARFAESI Act.A Division Bench comprising Justice Sindhu Sharma and Shahzad Azeem observed, “... It is highly disturbing that a small but recalcitrant class...

J&K&L High Court Questions Govt, Sports Bodies Over Failure To Respond To PIL Alleging Sports Code Violations; Grants 'Last Opportunity'

The High Court of Jammu & Kashmir and Ladakh at Jammu has expressed strong displeasure over the continued failure of key government authorities and sports bodies to file their responses in a Public Interest Litigation alleging large-scale non-compliance with the National Development Sports Code of India, 2011 in sports associations across the Union Territory.A Division Bench comprising...

Court-Constituted Committees May Delegate Ancillary Tasks, Not Core Decision-making Functions: J&K High Court

The Jammu & Kashmir and Ladakh High Court on Tuesday (16 December) held the law prohibits the delegation of the essential decision-making responsibility and not the delegation of ancillary work.A Single Judge Bench of Justice Wasim Sadiq Nargal observed that once a specific mandate is entrusted to a Committee by judicial order, the law permits the adoption of all reasonable...

Litigant Who Withholds Material Facts Or Attempts To Mislead Court Forfeits His Right To Be Heard On Merits: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court on Monday (15 December) observed that litigant who withholds or suppresses material facts while approaching the Court disentitles himself from being heard on merits and cannot seek or claim any equitable or discretionary relief under Article 226 of the Constitution.A Single Judge Bench of Justice Wasim Sadiq Nargal made this observation...

“Judicial Process Cannot Be Used To Stall Lawful Rehabilitation”: J&K&L High Court Vacates 12-Year Stay On Shop Allotments In Srinagar

The High Court of Jammu & Kashmir and Ladakh on Tuesday has dismissed a writ petition challenging the rehabilitation and allotment process of shops in the Sector-6 Shopping Complex, Batamaloo, Srinagar, holding that the litigation was misconceived, devoid of merit, and had resulted in enormous loss to the public exchequer as well as grave prejudice to genuine claimants .Dismissing...

'Fought For Justice, Got Justice, Then Lost Justice': J&K&L High Court Restores Seniority Of 1979 Police Recruits After Nearly Four Decades

The Jammu and Kashmir and Ladakh High Court has allowed a long-pending Letters Patent Appeal filed by a batch of 1979 direct recruit Sub Inspectors of the Jammu and Kashmir Police, sharply criticising the manner in which binding judicial verdicts were repeatedly diluted through subsequent litigation and administrative actions.A Division Bench of Justices Rajnesh Oswal and Rahul Bharti set...

“Justice Cannot Be A Ritual”: J&K&L High Court Flags Shoddy Probe Into Minor Girl's Death, Orders CBI Probe

Expressing deep anguish over what it described as an insensitive and routine investigation into the suspicious death of a 13-year-old girl, the High Court of Jammu & Kashmir and Ladakh has ordered that the case be handed over to the Central Bureau of Investigation (CBI), observing that continued delay and casual handling would only result in loss of crucial evidence and denial of justice...

J&K&L High Court Rejects Medical Bail Plea Of Former Bar President Mian Abdul Qayoom, Says He Is Provided Specialised Treatment

The Jammu and Kashmir and Ladakh High Court has dismissed the appeal filed by former Bar Association President Mian Abdul Qayoom seeking bail on medical and humanitarian grounds, holding that the record clearly demonstrates that he has been all along being provided with the advance and specialised treatment whenever necessitated and that no life-threatening medical emergency exists warranting...

BSF Rules | Court Of Inquiry Is Preliminary Fact Finding Exercise, Not Disciplinary Trial Which Can Cause Prejudice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that such an inquiry is only a fact-finding mechanism intended to assist authorities in deciding the future course of action and does not amount to initiation of departmental proceedings.The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar underscored that the findings returned by the Court of Inquiry shall be in the...

Revisional Powers Must Be Exercised Within Reasonable Time Even In Fraud Cases; Merits Cannot Justify Gross Delay: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed an order of the Financial Commissioner (Revenue) which had reopened and annulled revenue mutations after more than four decades.Justice Javed Iqbal Wani, while allowing a writ petition, held that revisional powers whether invoked in cases of fraud or otherwise must be exercised within a reasonable period, and that merits of a...

Denying Regularisation To Daily Wager After Extracting Work For Over 34 Years Is Illegal, Inequitable: J&K&L High Court

The Jammu, Kashmir & Ladakh High Court dismissed the Union Territory's challenge to the regularisation of a daily wager, holding that denial of regularisation after extracting work for more than three decades would be illegal, inequitable, and contrary to the welfare obligations of the State.The Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal noted that the...

S.143A NI Act Orders Not Interlocutory In Nature, Amenable To Revision Before Session's Court: J&K&L High Court

Reinforcing the procedural safeguards available to both complainants and accused in cheque dishonour cases, the Jammu & Kashmir and Ladakh High Court has held that an order passed by a Magistrate on an application under Section 143A of the Negotiable Instruments Act, 1881 is not an interlocutory order but an intermediate order, and therefore amenable to revision before the Sessions...