FIR Filed With "Oblique Motive” To Circumvent Arbitral Award: J&K&L High Court Quashes FIR In Contract Dispute

The Jammu & Kashmir and Ladakh High Court quashed an FIR against a company and its director in a government contract dispute, holding that the prosecution was “nothing but an abuse of process of law” and aimed at creating a defence to an arbitral award passed against the department.A bench of Justice Sanjay Dhar noted that the letter at the heart of the controversy was issued in...

“Holding Firearm Licence Is Not A Fundamental Right”: J&K&L HC Upholds Revocation Of Man's Arms Licence For Brandishing Gun At Magistrate

The Jammu & Kashmir and Ladakh High Court has upheld the cancellation of an arms licence issued to an elected District Development Council (DDC) member from Poonch after finding that he had brandished his licensed pistol at a Tehsildar and an anti-encroachment team, including the SDM and SDPO, during an official operation.A bench of Justice M.A. Chowdhary held that the case was not about...

Relaxed Rules Over Locus Standi In Public Interest Cannot Be Used To Indirectly Challenge Concluded Litigation: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has dismissed a writ petition challenging the regularisation of a minor deviation in a building's sanctioned plan by the Srinagar Municipal Corporation (SMC), holding that the petitioner had no locus standi and the matter was an abuse of process.A bench of Justice Wasim Sadiq Nargal said, "It acknowledges the liberalization of standing in...

J&K&L High Court Quashes Case Against Man Booked For Participating In Protest During COVID, Says Officers Intended To 'Harrass' Accused

The Jammu & Kashmir High Court quashed criminal proceedings against three persons who were booked during the COVID-19 pandemic for allegedly violating prohibitory orders, holding that the case appeared to have been registered frivolously to harass them.A bench of Justice M.A. Chowdhary observed that the FIR under Sections 188/34 IPC and Section 51 of the Disaster Management Act appeared to...

'Will Decide On Sanction To Prosecute IAS Officers In Arms License Scam Case Within 6 Weeks': MHA Tells J&K&L High Court

The Jammu & Kashmir and Ladakh High Court was informed by the Ministry of Home Affairs (MHA) that it is likely to take a final call within six weeks on granting sanction for prosecution against certain IAS officers in the Arms License Scam.The sanction is being sought in connection with an alleged large-scale arms licence racket in which, according to the CBI, lakhs of gun licences...

Advisory Board Under PITNDPS Act Cannot Decide On Detenue's Representation, Decision Must Be Taken By Govt: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court slammed the Advisory Board constituted under the PIT NDPS Act for “illegally arrogating unto itself a power that the law has never vested in it”, as it quashed a preventive detention order for violating the constitutional rights of the detenue.A bench of Justice Javed Iqbal Wani, while delivering the judgment, held that the Advisory Board had...

Recording Adverse ACR Against Govt Employee During COVID Medical Leave Is Arbitrary: J&KL High Court Quashes Performance Report

The Jammu & Kashmir High Court quashed a “below average” Annual Confidential Report (ACR) recorded against a government employee for the year 2020, observing that the entry was made while the petitioner was on sanctioned medical leave due to COVID-19.A bench of Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri held that such an adverse remark, made without any observable basis of...

J&K&L High Court Allows Four Weeks To ECI, J&K Govt To File Reply Over Delay In Conducting Bypolls For Budgam, Nagrota Assembly Seats

The Jammu and Kashmir and Ladakh High Court directed the Election Commission of India, the Union Government, and the J&K Government to file their responses within four weeks over the alleged delay in holding by-elections for the Budgam and Nagrota assembly constituencies.A bench of Justice Sanjay Dhar passed the directions while hearing a writ petition filed by former minister Harsh...

[Panchayati Raj Act] Prior Consultation With Panchayat Not Mandatory For Setting Up Govt Development Projects: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has ruled that the absence of prior consultation with the Halqa Panchayat in issuing a tender for the construction of Veterinary and Sheep Extension Centres does not violate the J&K Panchayati Raj Act, 1989, nor does it render the tendering process illegal.A bench of Justice Wasim Sadiq Nargal observed that although the Panchayati Raj...

[CGST Act] Penalty Is An 'Additional Tax', Cannot Be Levied Under State Act Without 'Charging Provision': J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has ruled that the penalty under the Central Sales Tax Act cannot be imposed by invoking provisions of the State Act in the absence of an express charging section.The Court held that the Central Act is a “self-contained code” and provides its own framework for imposition of penalties, which cannot be supplemented by state laws.A bench headed...

Terminating Contractual Employee By Calling Her 'Vulnerable', 'Unfit For Job' Without Inquiry Was Stigmatic: J&K&L High Court Aids Ex-Anaesthetist

The Jammu & Kashmir and Ladakh High Court has strongly criticized the government's decision to terminate a contractual Anaesthetist by labeling her as "vulnerable" and "unsuitable for government service" without holding any inquiry or issuing a show-cause notice.A bench of Justice Sanjay Dhar observed “The impugned communication... shall not come in the way of the petitioner's...

Lady Deported To Pakistan After Pahalgam Attack Allowed To Return: Centre Tells J&K&L High Court

The Jammu & Kashmir High Court disposed of two appeals after noting the Centre's decision to grant a fresh visitor visa to Pakistani national Rakshanda Rashid, who was deported earlier this year following a blanket visa revocation in the wake of the Pahalgam terror incident.A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal recorded the Union Government's...