J&K Compassionate Appointment Rules | Rule 3(2) Extends Discretion To Govt To Appoint Dependents To Higher Posts: High Court

Shedding light on the the statutory structure of compassionate appointments under SRO 43 of Jammu and Kashmir (Compassionate Appointment) Rules, 1994, the High Court of Jammu and Kashmir and Ladakh has held that Rule 3(1) is a general provision for offering appointments in the lowest non-gazetted posts, while Rule 3(2) confers exclusive discretionary power upon the Government in the...

J&K High Court Extends Bail Of NDPS Accused To Allow Him To Attend Surgery Of His Minor Daughter

The Jammu and Kashmir High Court, acknowledging that the presence of an elder male guardian during a minor child's surgery is essential, granted a short-term release order to the petitioner who had been accused under the NDPS ActA bench of Justice Rahul Bharti observed that court cannot loose site of the fact that presence of an elder male member of a family for attending upon an ailing...

Centre Notifies Appointment Of Two Judicial Officers As Judges Of J&K&L High Court

The Central Government has notified the appointment of judicial officers Sanjay Parihar and Shahzad Azeem as Judges of the High Court of Jammu & Kashmir and Ladakh.The Supreme Court Collegium had recommended their elevation on April 16....

J&K High Court Grants Bail To 74-Yr-Old Father-In-Law In Rape Case Filed By Daughter-In-Law

The Jammu and Kashmir High Court granted ad-interim anticipatory bail to the petitioner against whom charges are filed under heinous offence like rape filed by his own daughter-in-law. The FIR also includes other offences, including section 333, 76, 115(2), and 352 of BNS.A bench of Justice Sanjay Dhar granted the anticipatory bail after noting that there is prima facie merit in the...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 21 April 27, 2025

Nominal Index:State of J&K vs Ishtiyaq Ali 2025 LiveLaw (JKL) 152Kuldeep Sharma vs UT if J&K &Ors 2025 LiveLaw (JKL) 153Abdul Gani and another vs UT of J&K 2025 LiveLaw (JKL) 154Gulzar Begum and another vs Raja Begum and others 2025 LiveLaw (JKL) 155Sita Ram vs UT if J&K &Ors 2025 LiveLaw (JKL) 156Falaq Mukhtar Vs UT Of J&K 2025 LiveLaw (JKL) 157Anil Kumar Yadav...

Accepting Lower Post Under Compulsion Doesn't Bar Legitimate Claims Due To Procedural Lapses In Selection Process: J&K High Court

The Jammu and Kashmir High Court held the petitioner's acceptance of the Constable post as against claim made for Sub-inspector on compassionate grounds did not negate his original claim because it was made after a prolonged struggle and under duress.The petitioner whose father had died in counter-insurgency applied to be appointed as Sub-inspector under SRO 43 on compassionate grounds...

No Work No Pay Principle Inapplicable When Employee Is Kept Away Due to Employer's Act: J&K High Court

Reiterating a significant principle of employment law, the High Court of Jammu and Kashmir and Ladakh held that the doctrine of "no work no pay" cannot be pressed into service when an employee is kept away from work by the act or omission of the employer.A Division Bench comprising Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani observed that in such circumstances, employees cannot...

POCSO Act | Section 34 Empowers Special Courts To Determine Age Of Both Offender & Victim: J&K High Court Remands Case For Fresh Age Inquiry

Clarifying the jurisdiction of Special Courts under the Protection of Children from Sexual Offences Act (POCSO), the Jammu & Kashmir and Ladakh High Court has held that the Special Court is empowered not just to determine the age of the accused, but also of the victim.“Section 34 of the POCSO Act vests jurisdiction with the Special Court not only to determine the age of the offender but...

Courts Cannot Conduct Comparative Study Of Natural Resource Allocation: J&K High Court Dismisses Plea Challenging Mining Lease Cancellation

Reaffirming the judiciary's restraint in matters of policy, the High Court of Jammu & Kashmir and Ladakh, while dismissing a writ petition seeking cancellation of mining leases, held that courts cannot conduct a comparative study of methods for distribution of natural resources, as such decisions fall within the exclusive domain of the Executive.Justice Javed Iqbal Wani, emphasized...

J&K Provident Fund Act | PF Coverage Without Gazette Notification Is 'Non Est' In Law: High Court

Reinforcing the legal sanctity of Gazette notifications for the applicability of labour welfare statutes, the High Court of Jammu and Kashmir and Ladakh has ruled that unless a notification under Subsection (4) of Section 1 of the Jammu and Kashmir Employees' Provident Funds and Miscellaneous Provisions Act, 1961 is issued and published in the Official Gazette, any proceedings...

Registration Of Gift Deed Does Not Make It Valid Under Muslim Law Without Declaration Or Formal Acceptance Of Property: J&K High Court

The Jammu and Kashmir High Court held that merely because the gift under muslim law is a registered one does not obivate the possibility of the gift being invalid. The court said that what is important in muslim law while executing a gift deed is that all the essential conditions required to valid gift are present.The court was hearing a 2nd appeal against order passed by the appellate...

Submitting Invalid But Genuine Certificate In Recruitment Process Is Neither Fraud Nor Misrepresentation For Disqualifying Candidate: J&K High Court

The Jammu and Kashmir High Court held that submitting a certificate issued by an unrecognised organisation could at best be considered as invalid for the purposes of recruitment but same does not amount to fraud or misrepresentation on the part of the candidate.The name of the petitioner was dropped from the provisional selection list on the ground that he had submitted a fake National...