“Favouritism”: J&K High Court Quashes Tenders Awarded To Johnson & Johnson, SR Technomed Over Bias And Arbitrariness

The Jammu & Kashmir High Court has set aside rate contracts awarded by the Jammu and Kashmir Medical Supplies Corporation Ltd. (JKMSCL) for supply of suture materials stating “clear arbitrariness, procedural violations, and institutional favouritism” in favour of two long-time vendors.A bench of Justice Moksha Khajuria Kazmi observed that financial bids were opened and contracts...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 9 - June 15, 2025

Nominal Index:Syed Muiz Qadri & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 226Jagdish Raj Gupta Vs Purushottam Gupta 2025 LiveLaw (JKL) 227ALI MOHAMMAD BHAT & ORS. Vs UT OF J&K 2025 LiveLaw (JKL) 228Abdul Majid Dar Vs UT Of J&K 2025 LiveLaw (JKL) 229Saja Begum vs Financial Commissioner Revenue J&K Govt.& Ors 2025 LiveLaw (JKL) 230Bilal Ahmad Yatoo vs UT of J&K...

'Criminal Case Filed To Coerce Party To Settle Civil Dispute': J&K High Court Quashes FIR Over Allegations Of Outraging Modesty Of Woman

The Jammu & Kashmir High Court has quashed an FIR against two nephews accused of outraging the modesty of their aunt and criminal trespass, holding that the allegations arose out of a civil property dispute and did not constitute a criminal offence. A bench of Justice Sanjay Dhar observed that the FIR is "an abuse of process of law" and a classic example of an attempt to settle civil...

FSL Report Missing, Causes Doubts On Quantity Being Commercial: J&K High Court Grants Bail In NDPS Case

The Jammu and Kashmir High Court granted bail to an accused under the NDPS Act, observing that the prosecution failed to establish prima facie possession of commercial quantity of contraband drugs due to gaps in investigation and absence of crucial FSL reports.A bench of Justice Sanjay Dhar allowed the bail application after noting that only 3 out of 11 bottles of alleged codeine syrup...

'Ziyarat' That Qualifies As “Wakaf By User” Needs No Formal Declaration To Be Treated As Wakaf: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held that a Ziyarat (shrine), Dargah, or other religious property that qualifies as a "Wakaf by user" under Section 3(d)(i) of the Jammu & Kashmir Wakafs Act, 1978, does not require a formal declaration or notification to be treated as Wakaf.The Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar thus dismissed...

Mere Medical Evidence Of Sexual Intercourse Insufficient To Convict For Rape, Direct Evidence Must Connect Accused To Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that mere medical evidence confirming sexual intercourse is insufficient to establish guilt under the POCSO Act or rape charges. There must be direct or circumstantial evidence connecting the accused to the act, observed Justice Sanjay Dhar while quashing charges against one Basit Bashir, accused of kidnapping and sexually assaulting two...

Cannot Withold Retirement Benefits For Crime Branch Clearance: J&K HC

High Court of Jammu and Kashmir and Ladakh: A single judge bench of Justice Rajesh Sekhri held that retirement benefits could not be withheld merely on the grounds of pending clearance from crime branch, especially when the FIR has been closed as 'not proved'. The court ruled that even when if the FIR investigations were pending, it does not amount to 'judicial proceedings', and thus,...

Trial Not Completed 5 Years, SC's Ratio In KA Najeeb Case Won't Apply: J&K High Court Denies Bail To UAPA Accused

The Jammu & Kashmir High Court dismissed bail applications filed under the Unlawful Activities (Prevention) Act, ruling that the allegations involving recovery of explosive substances and links with a militant module are too grave to warrant release at this stage of the trial.A bench of Justices Rajnesh Oswal, Sanjay Parihar observed that the trial is underway with material evidence...

When Required Experience For Post Has No Nexus With Qualification, It Can Be Gained Before Or After Obtaining Qualification: J&K High Court

Clarifying the interpretation of recruitment eligibility criteria, the High Court of Jammu and Kashmir and Ladakh has held that where the required experience for a post has no direct nexus with the prescribed educational qualification, such experience can be validly acquired either before or after obtaining the qualification.The court added, “.. However, where the experience prescribed...

Accused Sexually Exploited Complainant Over Long Time, Engaged Her On Social Media On Pretext Of Marriage: J&K High Court Denies Bail

The Jammu & Kashmir High Court rejected the anticipatory bail plea of a man accused of sexually exploiting a woman under the false promise of marriage, stating that there is prima facie material suggesting that the petitioner engaged the complainant over social media.The court added that it appears that the petitioner extracted sexual favours under the pretext of marriage, and then failed...

IPC | State Of Mind To Outrage Modesty Of Woman Essential To Attract S.354, Criminal Force Alone Not Enough: J&K High Court

The High Court of Jammu and Kashmir and Ladakh at Srinagar, while quashing an FIR registered under Sections 354 and 447 of the IPC has held that an assault or use of criminal force to a woman simplicitor unaccompanied by a state of mind to outrage modesty of such woman cannot be termed as an offence under Section 354 of IPC.A bench of Justice Sanjay Dhar accentuated, “.. Intent to outrage...

Employer Can Accept Resignation Letter On Same Day, Need Not Wait For Expiry Of Notice Period: J&K High Court

The Jammu & Kashmir High Court upheld the dismissal of a police constable holding that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as 'intention to resign' and wait for a two-month notice period to expire before accepting it.The petitioner had challenged the dismissal on the ground that the department had to wait for 2...