Statement Of Child Victims Susceptible In Imposing Atmosphere Of Courtroom: J&K HC Upholds Man's Sentence For Sexually Assaulting 4-Yr-Old

The Jammu and Kashmir & Ladakh High Court has underscored the inherent vulnerability of child witnesses in courtroom settings while upholding the conviction of Dinesh Kumar for sexually assaulting a minor girl in Leh in the year 2017.Justice Sanjay Dhar dismissed the appeal, affirming an 8-year rigorous imprisonment sentence under Section 376 of the Ranbir Penal Code (RPC), and...

Two Adults Choosing Each Other In Marriage Is A Constitutional Right, Consent Of Family Or Clan Not Necessary: J&K High Court

Reinforcing individual autonomy and constitutional liberties, the High Court of Jammu and Kashmir and Ladakh, while disposing of a protection plea filed by a young married couple, ruled that two adults choosing each other in marriage is a constitutional right, not subject to family or community approval.Reiterating the supremacy of personal liberty and dignity under Articles 19 and 21 of...

[S. 498a IPC] Cruelty Not Dependent On Suicide Or Self-Harm, Causing Grave Mental Or Physical Injury Sufficient To Attract Offence: J&K High Court

Reinforcing the protective scope of Section 498A IPC, the High Court of Jammu & Kashmir and Ladakh, while rejecting two petitions seeking quashing of an FIR lodged under sections 498A and 109 IPC, held that “if the conduct of husband or his relatives is accompanied with an intention to cause grave injury to a woman, whether or not she was driven to commit suicide or inflict grave...

S.531 BNSS | Stage Of Proceedings Is Pivotal In Determining Applicability Of BNSS Or CRPC: J&K High Court Explains

Clarifying the legal framework regarding the applicability of the old and new criminal procedural laws, the High Court of Jammu & Kashmir and Ladakh has ruled that the relevant factor for determining the applicability of BNSS or CrPC, 1973, is the stage of the case prevailing immediately prior to 01.07.2024.Overturning a Special Judge's order in a money laundering case a bench of...

J&K HC Dismisses Plea Challenging Dental College Recruitment, Says Candidates Who Participated Without Protest Cannot Subsequently Challenge Process

The Jammu and Kashmir and Ladakh High Court has dismissed a petition challenging the Government Order No. 383-JK(HME) of 2024, which altered the selection criteria for Senior Residents/Registrars in Government Dental and Medical Colleges.Dismissing a writ petition filed by one Dr. Falak Mukhtar, Justice Javed Iqbal Wani observed that once a candidate participates in a selection process...

Higher Salary Mistakenly Credited To Employee Cannot Be Recovered, But Employee Cannot Seek Continuation Of Erroneous Benefits: J&K High Court

The Jammu and Kashmir High Court has held that the claim of the petitioners to avail the benefit of a mistake of fact, despite the mistake having been detected and corrected, is totally misconceived and cannot be accepted.The petitioners had argued that higher pay scale came to be granted to them without fraud or misrepresentation and therefore the respondent could not refix the salary in...

Civil Courts Cannot Adjudicate Disputes Over Determination Of Right To Possess Land Under Agrarian Land Reforms Act: J&K High Court

The Jammu and Kashmir High Court held that where in a suit right to possession is claimed or disputed and it is referable to the officer or the authority appointed under the Agrarian Reforms Act, the Civil Court is debarred from settling such a dispute.The petitioner had argued that lower courts erred in rejecting the suit under Order 7 Rule 11 CPC. It said that the Agrarian Reforms Act...

'Cabinet Panel Examining Issue': J&K Govt Tells High Court In Plea Against Increase Of Reservation Quota To 67%

The J&K government has filed an additional affidavit in the J&K High Court informing the court that it has formed a cabinet subcommittee to look into the controversial changes in the reservation rules in consultation with all stakeholders.This affidavit came to be filed after serious criticism from civil society and student groups over its initial affidavit in which the government...

Land Acquisition Proceedings Lapse If Award Is Not Passed Within 2 Years Of Declaration Being Made: J&K High Court

The Jammu and Kashmir High Court held that if no award is passed within two years after the declaration is made, the entire land acquisition proceedings shall stand lapsed unless stayed by the court.The petitioner had challenged the proceedings on the ground that his land was acquired for public purpose but no final award was passed vitiating the entire acquisition proceedings.A bench of...

Arms License Issuing Authority Must Procure Police Report & Conduct Enquiry Before Rejecting License Despite Multiple FIRs: J&K High Court

The Jammu and Kashmir High Court has held that even if there are multiple FIRs against the applicant seeking renewal of his arms license, the licensing authority is bound by statute to call for the police verification report from the concerned police station before refusing to renew the arms license.The licensing authority had refused to renew the license on the ground that the petitioner did...

No Complaints Of Cruelty During 30-Yr Marriage, Absence Of Incriminating Proof: J&K High Court Upholds Husband's Acquittal In Abetment Case

The Jammu and Kashmir High Court held that in the absence of any substantial and credible evidence or any prior complaints, FIRs, or consistent testimony of cruelty over the 30-year marriage, it cannot be proved that the accused has abetted or instigated the commission of suicide of his deceased wife.The court was dealing with an appeal filed by the state against the judgment acquitting...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 14 - April 20, 2025

Nominal Index:Abdul Hamid vs UT OF J&K 2025 LiveLaw (JKL) 147Abdul Hamid vs Union of India and Anr 2025 LiveLaw (JKL) 148State of Jammu and Kashmir vs Gurmeet Singh and Anr 2025 LiveLaw (JKL) 149Mohd Ismail Koka Vs State of J&K 2025 LiveLaw (JKL) 150Vishal Verma vs Union of India 2025 LiveLaw (JKL) 151Judgments/Orders: Contraband Recovered Individually From Accused Persons...