Contractors Are Liable To Pay GST At Rate Prevalent On Day Of Receipt Of Tender, Not When Work Is Allotted: J&K High Court

The Jammu and Kashmir High Court held that the contractors were liable to pay GST at a rate prevalent on the last day for the submission of the tenders and not when the work was allocated as the same was clear from the Special Condition No.49 existing in the contract agreement. The petitioners had filed the review on the ground that as per section 13 of the CGST Act the liability to...

J&K High Court Directs Police To Submit Compact Disc (CD) Record In Case Alleging Police Brutality

The Jammu and Kashmir High Court has directed the state police to submit a Compact Disc (CD) Report in the death of Makhan Din, who had committed suicide after allegedly being subjected to torture in police custody in Kathua's Billawar area in February this year.The family of the victim had moved the court seeking the transfer of the investigation to the Central Bureau of Investigation...

J&K High Court Quashes FIR In Matrimonial Dispute Citing Mutual Settlement, Says S. 528 BNSS Overrides S. 359

The Jammu and Kashmir and Ladakh High Court, while invoking its inherent powers under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) has held that the provision has an overriding effect and is not to be read as subject to Section 359 of the BNSS (corresponding to Section 320 of the CrPC).Justice Mohammad Yousuf Wani thus quashed an FIR registered under Sections 452 (trespass)...

Failure To Show Safe Custody Of Seized Contraband & Existing Contradictions In Evidence Sufficient To Acquit Accused In NDPS Case: J&K High Court

Acquitting the accused persons under section 8/15 of the NDPS Act the Jammu and Kashmir High Court held that failure to show safe-custody of the contraband seized, inability to record statements of crucial witnesses and contradictions in the statements of the witnesses shows that prosecution miserably failed to prove its case beyond reasonable doubt.The court was dealing with an appeal filed...

Supreme Court Collegium Recommends Elevation Of Judicial Officers Sanjay Parihar and Shahzad Azeem To J&K and Ladakh High Court Bench

The Supreme Court Collegium has recommended the elevation of two seasoned judicial officers Shri Sanjay Parihar and Shri Shahzad Azeem as Judges of the High Court of Jammu & Kashmir and Ladakh.A statement issued to this effect reads, “The Supreme Court Collegium in its meeting held on 16th April, 2025 has approved the proposal for appointment of the following Judicial Officers, as Judges...

Justice Arun Palli Takes Oath As Chief Justice Of Jammu & Kashmir And Ladakh High Court

In a formal ceremony held on Wednesday, Justice Arun Palli was sworn in as the Chief Justice of the Jammu & Kashmir and Ladakh High Court. The oath was administered by Lieutenant Governor Manoj Sinha.This appointment follows the retirement of former Chief Justice Tashi Rabstan on April 9, after which Justice Sanjeev Kumar had been serving as the Acting Chief Justice. The Supreme...

Jammu and Kashmir and Ladakh High Court Weekly Roundup April 7 - April 13, 2025

Nominal Index:Aditya Malhotra vs Dharminder Singh 2025 LiveLaw (JKL) 138HC/GD Harish Chander vs UOI and others 2025 LiveLaw (JKL) 139Suresh Kumar Rekhi vs Directorate of Enforcement 2025 LiveLaw (JKL) 140Mumtaz Ahmed th. Nisar Ahmed Vs UT Of J&K 2025 LiveLaw (JKL) 141Palm Island Space Owners Welfare Association & Ors vs Union of India and others 2025 LiveLaw (JKL) 142Susheel Kumar...

'No Objection' For Issuance Of Passport To Accused Can Only Be Granted By Court Before Which Criminal Proceedings Are Pending: J&K High Court

The Jammu and Kashmir High Court held that the person against whom the criminal proceedings are pending can be granted passport if the concerned criminal court grants the 'no-objection' for the issuance of the passport as per the provisions of the act.The petitioner had approached the passport office for the renewal of his passport, which came to be rejected on the ground that there was...

Jammu & Kashmir And Ladakh High Court Quarterly Digest: January To March 2025

Nominal Index:M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw (JKL) 1M/S SAWALKOTE PROSJEKTU TVIKLING AS (“SPAS") Vs UT Of J&K 2025 LiveLaw (JKL) 2Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw (JKL) 3Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw (JKL) 4Syed Tajamul Bashir Vs Farooq Ahmad Lone 2025 LiveLaw...

Centre Notifies Appointment Of Justice Arun Palli As Chief Justice Of J&K And Ladakh High Court

The Central Government on Saturday (April 12) notified the appointment of Justice Arun Palli as Chief Justice of High Court of Jammu and Kashmir and Ladakh. Union Law Minister Arjun Ram Meghwal took to 'X' regarding the appointment Justice Arun Palli. "In exercise of the power conferred by the Constitution of India, the Hon'ble President of India, after consultation with Hon'ble Chief Justice...

Contraband Recovered Individually From Accused Persons Travelling Together Has To Be Considered Separately At Stage Of Bail: J&K High Court

The Jammu and Kashmir High Court held that contraband recovered from accused persons individually, even when they are travelling together, has to be considered separately for each accused for the purpose for the bail.It was the case of the prosecution that both of the accused persons, who were carrying the banned contraband had acted under common intention to commit the offence and the...

Courts' Legitimacy Must Be Established On Reasons: J&K High Court Recommends Refresher Course For Judicial Officer Over Unreasoned Order

Reasserting the fundamental principle that judicial legitimacy flows from reasoned decision-making, the High Court of Jammu and Kashmir and Ladakh has come down heavily on a trial court judge for passing a cryptic, unreasoned order under Section 151 of the Civil Procedure Code (CPC). Justice Vinod Chatterji Koul not only set aside the impugned order but also directed that the concerned...