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 High Court of J & K and Ladakh

Penalty For Delayed Compensation Under Employees Compensation Act Cannot Be Imposed Without Finding Of Unjustified Delay: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that while interest on delayed payment of compensation follows the default under Section 4-A(3)(a) of the Employees' Compensation Act, 1923, imposition of penalty under Section 4-A(3)(b) requires a specific finding by the Commissioner that the delay was unjustified and can be made only after giving the employer an opportunity to show cause.The Court clarified that a mere prayer for penalty by an employee, or the fact that compensation was...

MSME Suppliers Non-Registration At Time Of Transaction Does Not Render Facilitation Councils Award A Nullity: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that even if an enterprise was not registered under the Micro, Small and Medium Enterprises Development Act, 2006 at the time of a transaction, such non-registration by itself would not render an award passed under the MSME Act a nullity.The Court clarified that an objection to the supplier's registration status cannot, by itself, oust the jurisdiction of the Micro and Small Enterprises Facilitation Council to entertain a reference under...

Bail Can Be Set Aside For Illegality Even Without Misuse Of Liberty: J&K&L High Court Cancels Bail In 24-Kg Ganja Case

The Jammu & Kashmir and Ladakh High Court has held that an order granting bail can be set aside where it is found to be illegal, perverse or contrary to a statutory mandate, even in the absence of any subsequent misuse of the liberty granted to the accused.The Court clarified that a challenge to the legality of the original bail order is distinct from cancellation of bail on account of post-bail misconduct or supervening circumstances.The Court was hearing a plea by the Union Territory of...

Principal Employer Cannot Escape Statutory Liability To Contract Labour Merely Because Contractor Pays Wages: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a contractual arrangement under which a contractor is responsible for disbursing wages to contract labour cannot completely exclude the statutory obligations of the principal employer under labour welfare legislation.The Court clarified that the immediate responsibility to disburse wages and the ultimate liability to bear the financial burden are distinct questions, which have to be determined by reading the contractual terms with the...

Section 151 CPC Can Permit Additional Evidence After Closure Of Trial If Necessary In Interests Of Justice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that while Order XVIII Rule 17 CPC can be invoked to recall a witness for clarifying doubts arising from the evidence already led, Section 151 CPC can be exercised in an appropriate case to permit additional evidence even after closure of evidence, where such evidence is relevant and necessary in the interests of justice.The Court, however, clarified that the inherent power under Section 151 CPC cannot be invoked routinely, and that the...

Revenue Authorities Cannot Refuse To Issue Revenue Extracts Unless Barred By Court Order Or Competent Authority: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that revenue authorities cannot refuse to issue revenue extracts/Fards strictly in accordance with the available revenue records, unless their issuance is expressly barred by an order of a Revenue Court, Civil Court or other competent authority passed in litigation.The Court clarified that issuing a revenue extract does not authorise...

Amounts To Forgery: J&K&L High Court Upholds Charges Against Man Accused Of Using Forged Records To Secure Bank Loan

The Jammu & Kashmir and Ladakh High Court has held that a person need not forge another person's signature to attract the offence of forgery, observing that signing one's own name can amount to forgery in certain circumstances, including where a document is created with an intent to defraud.The Court accordingly upheld the charges framed against one Ashok Singh Manhas in a case alleging...

J&K&L High Court Dismisses BSF Personnels Plea Against Recovery Of ₹6 Lakh Ex-Gratia Relief, Doubts Claims Of Family Members Being Killed

The Jammu & Kashmir and Ladakh High Court has dismissed a BSF personnel's challenge to the recovery of ₹6 lakh in ex-gratia relief sanctioned in 1997 for the alleged deaths of six members of his family, holding that he had failed to establish that the deaths had occurred as claimed.The Court found significant inconsistencies in his account, including the four-year delay in reporting...

State Must Pay Compensation For Continued Use Of Private Land For Water Pipelines, Even If Laid Before Purchase: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a landowner cannot be denied compensation merely because water pipelines were laid through the property before its purchase.It observed that the State's power to provide essential public services does not permit it to continue using private property indefinitely without addressing the owner's lawful claim to compensation...

J&K&L High Court Dismisses BSF Constables Plea Against Voluntary Retirement After Beard Permission Was Revoked

The Jammu & Kashmir and Ladakh High Court has dismissed a BSF constable's plea challenging the acceptance of his voluntary retirement after permission granted to him to maintain a neatly trimmed beard was revoked, holding that the Srinagar Bench lacked territorial jurisdiction to entertain the petition.Justice Rajnesh Oswal found that the cause of action had not arisen within the...

Allegations Of Cruelty At Place Where Wife Resides Can Confer Territorial Jurisdiction Over Divorce Suit: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where a wife's divorce plaint alleges acts of cruelty within the territorial jurisdiction of the court approached, the plaint cannot be returned merely because the marriage was solemnised and other events occurred elsewhere.The question at the preliminary stage is whether the plaint discloses a part of the cause of action within...