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J&K&L High Court Clarifies Arbitrariness in Bid Rejection

Viewfinder: Ranjit Publicity Pvt Ltd had challenged the decision of the Jammu Municipal Corporation for rejecting its technical bid concerning e-NIT No. 78(P) of 2022-23, which dealt with fixing Static Ad Panels in Jammu City. The corporation’s decision favored another bidder, M/S Altaf Constructions. The Court examined if the rejection was arbitrary or if any …

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Indian Government Appoints Shri Mir Syed Latif as Judicial Member in Central Administrative Tribunal

The Government of India has announced the appointment of Shri Mir Syed Latif as the new Judicial Member of the Central Administrative Tribunal (CAT). The decision comes as part of a broader effort by the government to strengthen and enhance the functioning of administrative bodies. Shri Mir Syed Latif, a distinguished advocate, has been appointed …

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JK High Court: Husband’s Death Sentence Overturned in Dowry Case

Viewfinder: The case revolved around a woman who succumbed to burn injuries within seven years of her marriage. Her husband was initially convicted of her murder based on a dying declaration that was later deemed inconsistent and unreliable. He had persistently demanded dowry, physically harassed, and inflicted cruelty on his wife. There were established records …

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Revision Against Rejection of Application for Release of Vehicle by Trial Court

Introduction This report aims to discuss the issue regarding the rejection of an application for the release of a vehicle by the trial court and the subsequent revision sought against this order. The question arises whether this order can be subject to a revision plea as it might be deemed an ‘interlocutory order’. Understanding the …

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Validity of an Appeal Without Enclosed Copy of Final Decree or Judgment

The appeal in question pertains to the dismissal of a case on the grounds of the appellant not enclosing a copy of the final decree/judgment while appealing to the Hon’ble High Court of Delhi. To assess this matter, we have considered relevant legal maxims, provisions from the Indian law, and Delhi High Court filing rules, …

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Legality of Transfer Conditions for a Gazetted Officer under Indian Law as well as Jammu and Kashmir Service Rules

Overview: In principle, a transfer is an essential incidence of public service and the right of an appropriate authority to transfer an employee from one post to another is well-recognised under the service jurisprudence in India. The key document governing the service conditions of government servants in Jammu and Kashmir is the Jammu and Kashmir …

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Entitlement of Predeceased Issues to Pensionary Benefits of an Intestate Deceased under Indian Laws, Service Rules, and Regulations

Introduction    This report is to address the query of whether the predeceased issues of a deceased individual, who died intestate, can receive any share out of the pensionary benefits of the deceased as per Indian laws, service rules, and regulations. Indian Service Laws and Regulations    The distribution of pensionary benefits upon the death …

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High Court Upholds Merit, Orders Appointment of Candidate Over Less Qualified Competitor

Viewfinder: Ravinder Singh, the petitioner, found justice in his quest for rightful employment. Despite outperforming in the selection process for a driver’s position at the J & K State Sports Council, he was overlooked in favor of a less qualified, and allegedly ineligible candidate. Background: The Council had advertised two vacant driver positions, one in …

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Karnataka High Court Refuses to Quash FIR Against Gynaecologist for Failure to Report Sexual Assault on Minor

In a significant decision, the Karnataka High Court has rejected a petition by a gynaecologist seeking to quash a case registered against him under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act for failure to report a sexual assault on a minor. Under Section 19 of the POCSO Act, it is …

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