Disciplinary Proceedings Post-Retirement Invalid; Pension Recovery Permissible Only If Charge Of Loss By Fraud Is Proved During Service: J&K HC

A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that disciplinary proceedings cannot be initiated against a government servant after retirement, and recovery from pension is permissible only when a specific charge of financial loss to the Government due to negligence or fraud is duly framed...

[S.6 CGST Act] J&K&L High Court Upholds GST Show Cause Notices Based On Intelligence Inputs

The Jammu & Kashmir and Ladakh High Court has held that intelligence-based enforcement actions can be initiated by either the Central or the State tax authorities, irrespective of taxpayer assignment, and such actions do not require a separate notification for cross-empowerment.The court dismissed a batch of writ petitions filed by several companies challenging show cause notices issued...

Woman Cannot Claim Maintenance From Live-In Partner Whom She Accused Of Rape, No Husband-Wife Relationship: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has upheld the order of the Principal Sessions Judge, Kathua, which set aside the trial Magistrate's order granting interim maintenance to a woman petitioner who had been in a live-in relationship with the respondent. The respondent had been convicted under Section 376 IPC on her complaint.A bench of Justice Vinod Chatterji Koul noted that...

Even Criminal Can Sell His Land; Revenue Proceeds Cannot Be Withheld Merely Due To Pending Case: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court held that pendency of a criminal case against a person cannot be a ground to deny them the right to sell their immovable property, observing that “even a criminal has a right to sell his land.”A bench of Justice Sanjay Dhar made the observation while disposing of a petition filed by Arun Dev Singh, who had approached the court after...

J&K&L High Court To Constitute Special Bench To Hear Challenge Against Forfeiture Of 25 Books For Allegedly Propagating Secessionism

The Jammu & Kashmir and Ladakh will constitute a Special Bench of three judges to hear a petition challenging a government notification that declared 25 books on Kashmir's political and social history as “forfeited” under Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).The Chief Justice Arun Palli indicated that orders would be passed shortly for constituting the...

Entire Project Does Not Become 'Proceeds Of Crime' Under PMLA Merely Because Of A Tainted Investment: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court clarified that a property does not become “proceeds of crime” merely because funds tainted under PMLA were invested in its development.A bench of Justice Rahul Bharti, while deciding a petition concerning the Golden Palms real estate project in Jaipur, observed that only the tainted money itself or the property representative of that amount can...

Public Prosecutor Seeking Time To Prepare Brief Does Not Call For 'Disparaging' Remarks, Court Must Be Tolerant: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has emphatically observed that courts are expected to be tolerant, magnanimous and largehearted in dealing with minor lapses of public servants, holding that merely because a public prosecutor is unable to argue a matter or seeks time to prepare the brief, it does not warrant the passing of strictures.Justice Sanjay Dhar made the remarks while...

'State Cannot Evade It's Financial Obligations': J&K High Court Calls For Framework On Speedy Payment To Contractors

The Jammu and Kashmir and Ladakh High Court has held that “the State cannot be permitted to evade its financial obligations” and directed the UT authorities to release ₹97.87 lakh along with 6% interest to a contractor whose bills were kept pending since 2017.Justice Wasim Sadiq Nargal, while pronouncing judgment in the petition filed by M/s Saint Soldier Engineer and Contractor Pvt....

'Contemptuous': J&K&L High Court Raps Srinagar SSP For Objectionable Remarks Against Judiciary In Dossier

The Jammu & Kashmir High Court, while quashing a preventive detention order, observed that the Senior Superintendent of Police (SSP), Srinagar had made objectionable and contemptuous remarks against the judiciary in the dossier prepared to justify the detention.A bench of Justice Moksha Khajuria Kazmi directed the Director General of Police (DGP), J&K to seek an explanation from the...

J&K&L High Court Issues Notice On Plea Challenging Detention Of AAP MLA Mehraj Din Malik Under Public Safety Act

The Jammu and Kashmir and Ladakh High Court on Tuesday admitted and issued notice in a habeas corpus petition challenging the detention of Aam Aadmi Party (AAP) legislator Mehraj Din Malik under the Jammu and Kashmir Public Safety Act (PSA), 1978.A bench of Justice Vinod Chatterji Koul issued a post-admission notice to the respondents and directed them to file their response within two...

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...