Plea In J&K&L High Court Challenges Constitutionality Of Domestic Violence Act On Grounds Of Gender Bias, Vexatious Proceedings

The Jammu & Kashmir High Court recorded a petition challenging the constitutional validity of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) following proceedings initiated against petitioners in the Court of the 2nd Additional Munsiff, Srinagar. A bench of Justice Moksha Khajuria Kazmi directed the Registrar Judicial to place the matter before the...

UAPA Provides Complete Mechanism For Adjudication, NIA Act Cannot Be Invoked To Bypass Its Statutory Remedy: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that once such a statutory forum is available under the Unlawful Activities (Prevention) Act, 1967 (UAPA), an appellant cannot bypass it by invoking the appellate jurisdiction of the High Court under Section 21 of the National Investigation Agency (NIA) Act.The Court emphasised that the UAPA provides a complete mechanism from seizure...

J&K&L High Court Asks Govt To Finalise Compensation Scheme For Victims Of Cross-Border Firing, Violence

The Jammu & Kashmir and Ladakh High Court disposed of a public interest petition filed by Uri Foundation, Lagama Uri, seeking effective implementation of the Central Scheme for Assistance to Civilian Victims/ Families of Victims of Terrorist, Communal, Left Wing Extremism (LWE) Violence, Cross Border Firing, and Mine/IED Blasts on Indian Territory.A Division Bench of Chief Justice Arun...

'Dealership' & 'Lease' Agreements Are Independent Contracts, Disputes Cannot Be Brought Under One Litigation: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court on Monday reiterated that a “Dealership Agreement” and a “Lease Agreement” are independent and distinct contracts, and disputes arising from them cannot be compulsorily brought in a single litigation.The Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem set aside a writ court order which had directed Indian...

Court Cannot Look Beyond Extent Of Order Which Has Allegedly Been Flouted In Contempt Proceedings: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that Courts cannot go beyond the four corners of an order while testing allegations of its disobedience in contempt proceedings.A division bench of Justices Shahzad Azeem and Sindhu Sharma ruled that “no order or direction, supplemental to what has been already expressed, should be issued by the Court while exercising jurisdiction in...

Right To Change Name Is A Fundamental Right, Education Board Cannot Reject Request Without Considering Statutory Documents: J&K&L High Court

The Jammu & Kashmir High Court held that the right to adopt or change one's name is a facet of the fundamental rights guaranteed under the Constitution, and the Education Board cannot arbitrarily reject such requests without due consideration of statutory documents.A bench of Justice Sanjay Dhar observed that the right to adopt or change a name is a fundamental right of a citizen and...

CAG Report Can't Impose Financial Liability Without Due Adjudication: J&K High Court Quashes FCI's Recovery Against Flour Mills

The Jammu and Kashmir and Ladakh High Court has ruled that even if a report of the Comptroller and Auditor General of India (CAG) is considered to possess some evidentiary value, it can at best serve as an indication of possible irregularities and cannot be treated as conclusive proof to impose financial liability.“The CAG, being a constitutional audit authority, is not vested with...

Criminal Court Must Be Fully Satisfied Regarding Accused's Abscondence Before Invoking S.299 CrPC: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a trial court order invoking Section 299 of the CrPC, 1973 (now Section 335 BNSS) against a petitioner accused, holding that the provision cannot be triggered casually on the mere request of the Investigating Officer.The court noted that the trial court acted merely on the statements of the Investigating Officer and a constable...

Constitution Bars Preference To Either Parent In Custody Disputes Merely Based On Their Gender: J&K&L High Court

Reinforcing the constitutional guarantee of equality and non-discrimination, the Jammu and Kashmir and Ladakh High Court has held that in matters of custody of a minor child, neither the father nor the mother can claim preference merely on the ground of gender.Justice Javed Iqbal Wani, while allowing an appeal filed by a mother challenging the grant of custody to the father, observed...

Police Officer Cannot Justify Absence From Duty On Grounds Of 'Militant Threat': J&K&L High Court

The Jammu & Kashmir and Ladakh High Court ruled that a police official cannot justify remaining absent from duty for 19 years merely on the plea of militant threats. The Court observed that such prolonged absence, especially without any supporting evidence, amounts to misconduct and is unbecoming of a member of the police force.A Division Bench of Chief Justice Arun Palli and Justice...

Appellate Court Can Enhance Accident Compensation Under Order 41 Rule 33 CPC Even Without Cross Appeal By Claimants: J&K&L High Court

The Jammu & Kashmir and Ladakh High court held that in motor accident claim appeals, the High Court is empowered to modify and enhance compensation even in the absence of a cross-appeal or cross-objection by the claimants, if the award of the Claims Tribunal is found to be on the lower side.A bench of Justice Sanjay Dhar observed that the Claims Tribunal is under a duty to award “just...

Delay In Deciding Voluntary Retirement Request Can't Deprive Employee Of Pensionary Benefits: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that non-decision on Voluntary Retirement request cannot deprive an employee of pensionary benefits post-retirement. Background Facts The respondent was appointed as Agriculture Extension Officer in the Department of Agriculture on 31.12.1983. He applied for leave...