Daughter Not Suffering From Any Physical Or Mental Abnormality Cannot Claim Maintenance From Father: J&K High Court

The Jammu and Kashmir High Court unburdened the liability fastened upon a father by virtue of a maintenance order passed under section 488 of the erstwhile Jammu and Kashmir CrPC Act by the trial magistrate ordering him to pay maintenance to his major able-bodied daughters six years ago.The court held that two unmarried major daughters who were able-bodied and did not suffer from any physical...

Incomplete Disclosure Of Material Facts To Superintendent Of Police Not Strict Compliance With S.154 CrPC: J&K High Court

The Jammu and Kashmir High Court has held that not disclosing the material facts to the superintendent of police or annexing the duly sworn affidavit of the person who had made an oral complaint does not demonstrate strict compliance with section 154 CrPC for the purpose of invoking the jurisdiction of the court under section 156(3) CrPC.The petitioner had challenged the order passed by...

Mere Existence Of Civil Remedy For Breach Of Contract No Grounds To Quash Cheating Case In Absence Of Mala Fides: J&K High Court

The Jammu & Kashmir and Ladakh High Court has reiterated that the presence of a civil remedy does not, by itself, justify quashing of criminal proceedings unless the allegations in the complaint fail to disclose an offence or the proceedings are found to be malicious.“.. mere fact that complaint relates to a commercial transaction or breach of contract, for which a civil remedy...

Questions On Whether Infrastructural Project Would Be Technically Feasible Or Serve Larger Public Interest Are Beyond Scope Of Judicial Review: J&K HC

The Jammu and Kashmir High Court held that merits of the contention raised by the petitioner as to the feasibility or viability of the infrastructural project by the government cannot be looked into by this court as it is not an appellate authority over the expert decisions regarding the project costs, provisions for entry/exit points, safety, technical feasibility of the project, and the...

Non-Disclosure Of Confidential Intel In Public Interest Doesn't Violate Detenu's Rights: J&K High Court Upholds Detention Order

The Jammu & Kashmir and Ladakh High Court on Monday dismissed a habeas corpus petition challenging the preventive detention under the Public Safety Act (PSA), observing that not furnishing confidential information to the detenu, which would have been against public interest, cannot be construed as a violation of constitutional or statutory rights.Justice Sanjay Dhar upheld the...

Justice Sanjeev Kumar Appointed As Acting Chief Justice Of J&K And Ladakh High Court

The President of India has appointed Justice Sanjeev Kumar, senior-most Judge of the High Court of Jammu and Kashmir and Ladakh as Acting Chief Justice with effect from 10 April 2025. Chief Justice Tashi Rabstan will retire on 9 April 2025.The notification issued in this regard reads thus, “In exercise of the power conferred by Article 223 of the Constitution of India, the President is...

J&K High Court Notifies Video Conferencing (Nyaya Shruti) Rules 2025 To Eliminate Delays In Court Proceedings

In a major leap towards digitizing the judicial process, the High Court of Jammu & Kashmir and Ladakh has notified the "Video Conferencing (Nyaya Shruti) Rules, 2025", revolutionizing the way trials, inquiries, and other judicial proceedings will be conducted in the Union Territories.The notification, issued by the High Court through its Registrar General Shahzad Azeem formalizes...

Filing List Of Documents In Chargesheet Not Substantial Compliance With S.294 CrPC: J&K High Court

The Jammu and Kashmir High Court has held that merely filing a list of documents is not substantial compliance with Section 294 CrPC.The Court held that it was necessary to give notice to the adverse party by providing them the list of the documents which are sought to be admitted or denied by the adverse party as per the section 330 of BNSS, which is equivalent of section 294 of Crpc, to...

Compulsory Retirement Valid For Leaving Battalion Without Informing About New Address, Employer Cannot Launch 'Manhunt' For Employee: J&K HC

The Jammu and Kashmir High Court upheld the order of compulsory retirement from the service imposed upon the petitioner for his continuous absence from the battalion without permission for overstaying his leave for the period of 326 days.The petitioner, a CRPF constable, contended that the order issued by respondent No.3 was based upon an ex parte inquiry and that the petitioner has not...

Jammu & Kashmir And Ladakh High Court Weekly Roundup March 31 - April 6, 2025

Nominal Index:M/s Devyani International Limited vs Airport Authority of India and others 2025 LiveLaw (JKL) 127Rattan Chand & Ors vs UT OF J&K & ORS 2025 LiveLaw (JKL) 128Mohd Iqbal Koka Vs UT Of J&K 2025 LiveLaw (JKL) 129Mohammad Imran Ganai And Anr. Vs Government Through Police Station Dangiwacha 2025 LiveLaw (JKL) 130Chief Engineer PW(R&B) Department and another vs...

Complainant Does Not Acquiesce To Jurisdiction Under NI Act By Merely Participating In Proceedings Or Negotiating A Settlement: J&K High Court

The Jammu and Kashmir High Court has held that merely because the complainant participated in the proceedings by giving evidence on affidavit before the trial magistrate not having the jurisdiction to try the case does not mean he has acquiesced to the jurisdiction of the court.The respondent had argued that after already participating in the proceedings, it was not open to the petitioner...

Accused Cannot Be Put Under Preventive Detention On Grounds That Releasing Him On Bail Affects Public Confidence: J&K High Court

The Jammu and Kashmir High Court held that mere fact that a person has secured bail from the court cannot be grounds for imposing preventive detention on the pretext of an apprehension that enlargement of the detenu will have an impact upon public faith. The respondents had argued that that since detenu “managed” to get bail in the said case showing that normal law has...