Irregular Appointments Cannot Be Equated With Illegal Ones, Qualified Appointees With 10+ Years' Service Must Be Regularized: J&K High Court

Declaring that irregular appointments cannot be equated with illegal ones, the High Court of Jammu & Kashmir and Ladakh has ruled that qualified individuals appointed through a proper selection process and who have served in sanctioned posts for more than a decade are entitled to regularization of their services. In a judgment passed by Justice Sanjay Dhar, the Court directed the J&K State Cable Car Corporation to regularize the services of six petitioners from the date of...

Ex-Govt Advocate Facing Threats From Anti-Nationals Is Entitled To Protection: J&K High Court Orders Security Based On Threat Assessment

The Jammu & Kashmir High Court has directed the security authorities to assess the threat perception of a former Government Advocate and provide adequate security as per rules, observing that the right to life includes the right to live free from threat.A bench of Justice Mohd. Yousuf Wani disposed of a writ petition filed under Article 226 of the Constitution, noting that the petitioner, an advocate formerly engaged as Government Counsel, had received threats for representing the Union...

[DV Act] Magistrate Has Power To Drop Proceedings Or Revoke Interim Orders If No Case Is Made Out: J&K High Court

The Jammu & Kashmir High court held that a Magistrate is empowered to drop proceedings or revoke interim orders issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) if, upon hearing the respondent and examining the record, it is found that no case is made out.A bench of Justice Sanjay Dhar, while disposing of a petition challenging DV proceedings, observed that “Since the proceedings under Section 12 of the D.V. Act are not, in strict sense, criminal...

Consumer Forum Cannot Resort To Summary Adjudication Without Allowing Rebuttal To Claimant's Case: J&K High Court

The Jammu & Kashmir High Court set aside an order passed by the Consumer Commission, citing that it was “bereft of any reasons” and rendered without affording an opportunity to the insurance company to produce evidence in rebuttal against the claimant's statement.The matter involved an insurance claim relating to the death of an insured person, where the insurance company raised primary objections that there was concealment of a chronic heart condition by the claimant. The Consumer...

J&K High Court Directs Govt To Release Pending Payments To SSI For Completed Public Work, Says Arbitrary Withholding Of Pay Violates Article 14

Reinforcing the rights of small industrial units, the High Court of Jammu and Kashmir and Ladakh at Srinagar has reiterated that the arbitrary withholding of payment for completed work is violative of Article 14 of the Constitution of India. A bench of Justice Wasim Sadiq Nargal thus directed the Union Territory administration and concerned departments to release the long-pending dues to ...

J&K High Court Issues Notice On Plea Seeking Time-Bound Disposal Of RTI Appeals Before Central Information Commission

The Jammu & Kashmir High Court has issued notice in a Public Interest Litigation (PIL) by the petitioner, seeking directions for the timely disposal of second appeals filed under the Right to Information Act, 2005, before the Central Information Commission (CIC), New Delhi, particularly those emerging from the Union Territory of J&K.The petition is filed by Junaid Javid, a 28-year-old...

GST Payable On Rent For Hotels Hired By Govt For Security Forces, Liability Of Home Dept To Reimburse: J&K High Court

The Jammu and Kashmir High Court has held that the Department of Home is liable to reimburse GST in addition to the fixed rent to hotel owners whose accommodations have been requisitioned for housing security forces.The petitioner had filed the petition seeking a direction that the tax amount be paid or reimbursed separately by the Home Department over and above the fixed rent. A bench...

Investigation Cannot Be Transferred Merely To Satisfy Prestige: J&K High Court Dismisses Plea Seeking CBI Probe Into Alleged House Theft

Emphasising that the power of the constitutional courts cannot be exercised by transferring the investigation just for the asking nor is transfer directed only to satisfy the ego or vindicate prestige of a party interested for such investigation the High Court of Jammu and Kashmir and Ladakh at Srinagar dismissed a writ petition seeking a fresh investigation by the CBI into a house...

'Should've Been Ashamed': J&K HC Issues Contempt Notice Against Cop For Violating SC Guidelines, Arresting 69-Yr-Old 8 Months After FIR

The Jammu and Kashmir High Court has come down heavily on a police officer for violating the directions laid down by the Supreme Court in the landmark judgement of Arnesh Kumar v. State of Bihar, 2014, on guidelines for arrest.The court initiated contempt of court proceedings against him for unauthorised arrest in a case involving minor offences, where a 69-Year-Old man had been accused.The...

DV Act | Magistrate Can Grant Ex-Parte Relief Even In Absence Of Domestic Incident Report: J&K High Court

In a pivotal ruling on the rights of women under the Protection of Women from Domestic Violence Act, 2005, the High Court of Jammu and Kashmir and Ladakh has held that a Domestic Incident Report (DIR) is not mandatory for a Magistrate to grant interim or ex parte relief under the statute.“Under Section 20 of the D.V. Act, an aggrieved wife is entitled to monetary relief, including...

J&K High Court Upholds Decision To Scrap Recruitment, Says Process Cannot Be Salvaged By Separating Tainted & Untainted Candidates

The Jammu & Kashmir High Court upheld the government's decision to scrap the selection process for Class IV/MTS posts in a district, citing serious irregularities in the procedure.A bench of Justices Sanjay Parihar and Sanjeev Kumar set aside the judgment passed by the Tribunal which had interfered with the government's decision, observing that the selection was “neither fair...

J&K High Court Dismisses Challenge To Tral Link Road Project, Says Judicial Restraint Is Crucial In Areas Requiring Technical Expertise

“Judicial restraint is especially warranted where the subject-matter requires specialized knowledge, such as the alignment of highways or public roads, which is fundamentally a matter of technical feasibility and infrastructural prudence,” observed Justice Wasim Sadiq Nargal of the High Court of Jammu & Kashmir and Ladakh while dismissing a petition against the construction of a...