[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...

J&K&L High Court Quashes Dowry Case, Says Allegations Of FIR Being Registered Due To Influence By Wife's Ex-Cop Father Were Not Rebutted

The Jammu and Kashmir & Ladakh High Court while quashing a dowry harassment FIR said that case appeared to have been initiated under the influence of the wife's father, a retired police officer, who allegedly pressured police officials into registering the complaint despite initial reluctance.The petitioners had submitted that father of the complainant, a retired Police Officer used...

Jammu & Kashmir And Ladakh High Court Half-Yearly Digest January - June 2025

Judgments/Orders:Judicial Review Can Be Resorted To When Terms Of Invitation To Tender Are Alleged To Be "Tailor-Made" To Suit Certain Participants: J&K High CourtCase Title: M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of IndiaCitation: 2025 LiveLaw (JKL) 1Underlining that judicial interference is warranted only in cases of arbitrariness, mala fide or...

Jammu & Kashmir And Ladakh High Court Weekly Roundup July 21 - July 27, 2025

Nominal Index:GHULAM MOHAMMAD PAYER Vs AMANULLA KHAN 2025 LiveLaw (JKL) 283Sundri and Ors Vs J&K Bank &Anr 2025 LiveLaw (JKL) 284UT of J&K vs Ameer Hamza Shah 2025 LiveLaw (JKL) 285State of Jammu and Kashmir Vs Tajinder Singh 2025 LiveLaw (JKL) 286Naresh Kumar Gulia Vs Directorate of Enforcement 2025 LiveLaw (JKL) 287Aamir Bashir Magray Vs UT Of J&K 2025 LiveLaw (JKL)...

J&K High Court Notifies Procedural Safeguards For Armed Forces In Civil Litigation

In its bid towards ensuring procedural fairness for serving military personnel, the High Court of Jammu and Kashmir and Ladakh has issued a crucial amendment to the Jammu and Kashmir General Rules (Civil) of 1978.The amendment, notified with the prior approval of the Lieutenant Governor, introduces a new Chapter VII-A titled “Suits by or Against the Soldiers,” which lays down...

[Illegal Construction] Officers Who Allow Building Permissions To Be Violated Must Be Penalised: J&K&L High Court

In a strongly worded judgment, the Jammu & Kashmir High Court ordered the demolition of an unauthorized hotel structure constructed in violation of sanctioned building permissions in Srinagar, while voicing serious concern over the rampant unplanned development in the city.The court said “It is high time that the authorities at the helm of affairs fix the responsibilities of...

Women Can Seek Relief Under DV Act Even During Maintenance Enforcement Proceedings Under CrPC: J&K High Court

Affirming the expansive protective scope of the Domestic Violence Act, 2005, the High Court of Jammu & Kashmir and Ladakh has held that a woman aggrieved by domestic violence is entitled to seek residence or other reliefs under Sections 18 to 22 of the Act in any legal proceeding including enforcement proceedings under Section 488(3) of the J&K CrPC (Pari Materia with Sec 125 CrPC) ...

Working Of Courts Was Hampered Post-Abrogation Of Article 370 & COVID-19: J&K&L HC Allows Production Of Witnesses At Stage Of Final Arguments

A Single Judge Bench of the Jammu & Kashmir and Ladakh High Court comprising Justice Sanjay Dhar has held that the power under Section 540 of the J&K CrPC can be exercised at any stage of inquiry, trial or other proceedings.It was held that the Trial Court had failed to consider the situation that had arisen due to the abrogation of Article 370, followed by the outbreak of...

'Errors In Administrative Judgement Should Not Attract Severest Punishments': J&K&L HC Quashes Retrospective Dismissal Of Retired Employee

The Jammu & Kashmir High Court took strong exception to the retrospective dismissal of the officer, passed after his retirement and noted that the punishment imposed was not commensurate with the nature of the alleged lapses.The petitioner, a bank officer with nearly three decades of unblemished service, was dismissed from service following a departmental enquiry over sanctioning...

Complainant's Incarceration Is A Valid Reason To Allow Condonation Of Delay: J&K&L High Court

The High Court of Jammu and Kashmir and Ladakh has held that a complainant's time in jail is a valid reason to excuse delay in filing appeals, even if a special power of attorney was appointed to represent him. Justice Sanjay Dhar made this observation while allowing two criminal appeals seeking restoration of cheque bounce complaints that were earlier dismissed for non-prosecution.While...