Writ Petitions Can't Be Withdrawn On A Whim: J&K High Court Rejects Charitable Trust's Plea For Fresh Petition In Amarnath Langer Dispute

In a stern ruling that underscores the sanctity of constitutional litigation, the High Court of Jammu & Kashmir and Ladakh, while rejecting an application seeking withdrawal of a writ petition with liberty to file afresh, held that the jurisdiction exercised under Article 226 of the Constitution is not shackled by procedural technicalities but nor is it an unregulated space for speculative...

Impounding Passport Without Chargesheet Violates Fundamental Rights, Only FIR Does Not Constitute 'Pending Proceedings': J&K High Court

Reaffirming the sanctity of constitutional rights, the High Court of Jammu and Kashmir and Ladakh has ruled that mere registration of a criminal case does not amount to proceedings prescribed under clause (e) of Section 10(3) of the Passports Act. Justice Sindhu Sharma observed that for proceedings to be treated as pending before a criminal court, a chargesheet must be filed, and not merely...

J&K High Court Upholds Detention Of Man Alleged To Be Associated With LeT, Says Detention Justified On Basis Of Conduct

The Jammu & Kashmir High Court upheld a preventive detention order passed under the J&K Public Safety Act (PSA), ruling that the detaining authority's decision was based on application of mind, a reasonable assessment of future threat, and in accordance with constitutional and legal safeguards.A bench of Justice Rajesh Sekhri observed that the grounds of detention, which included...

S.100A Of CPC Overrides Letters Patent, No Further Appeal Lies Against Order Of Single Judge In Appellate Jurisdiction: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held in clear terms that Section 100-A of the Code of Civil Procedure (CPC) has an overriding effect over Clause 12 of the Letters Patent, and bars the maintainability of any further appeal from a judgment passed by a Single Judge in exercise of appellate jurisdiction.The Court ruled that where any appeal from an original or appellate decree...

Writ Powers Limited By Article 226: J&K High Court Dismisses Plea Against Punjab Authorities Over Lack Of Territorial Jurisdiction

The Jammu & Kashmir High Court dismissed a writ petition filed against the State of Punjab and the Assistant Commissioner of Police, Jalandhar, on the ground of lack of territorial jurisdiction under Article 226 of the Constitution of India.The petitioner had approached the court seeking relief against certain notices issued by Punjab authorities but failed to plead any cause of...

Refusal To Record Statement Of Bank's Authorised Representative In Cheque Dishonour Cases Is Liable To Be Set Aside: J&K High Court

In a ruling aimed at streamlining cheque bounce proceedings, Jammu & Kashmir Highcourt has set aside an order of the Trial Magistrate, Srinagar, which had refused to record the statement of an authorized bank representative in a complaint filed under Section 138 of the Negotiable Instruments Act.A bench of Justice Sanjay Dhar held that the approach adopted by the trial court was not...

Jammu And Kashmir & Ladakh High Court Weekly Round-Up May 26 - June 1 2025

Nominal Index:MOHAMMAD SHABAN GANAI & ANR Vs MUSHTAQ AHMAD RATHER 2025 LiveLaw (JKL) 201Rajinder Kumar vs State of J&K and Anr 2025 LiveLaw (JKL) 202Ashok Toshkhani vs UT of J&K 2025 LiveLaw (JKL) 203Mehmood Askari Vs Union of India 2025 LiveLaw (JKL) 204Niket Kansal Vs Union Of India Through ED 2025 LiveLaw (JKL) 205Anwar Hussain Wani & Ors vs State of J&K 2025 LiveLaw...

No Statutory Bar On Granting Bail U/S 13 Of UAPA As Restrictions U/S 43-D(5) Do Not Apply: J&K High Court Clarifies

Shedding light on the contours of the Unlawful Activities (Prevention) Act, 1967, the High Court of Jammu and Kashmir and Ladakh has held that there exists no statutory embargo on granting bail under Section 13 of the UAPA, as the stringent restrictions imposed under Section 43-D(5) of the Act are inapplicable to offences falling outside Chapters IV and VI.In a ruling delivered by a...

BNSS | Interlocutory Notice Does Not Decide Rights Of Parties, S.438 Bars Revisional Jurisdiction Against Such Orders: J&K High Court

Interpreting the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the High Court of Jammu & Kashmir and Ladakh has held that an order merely issuing notice in a proceeding is interlocutory in nature and, therefore, not amenable to revisional jurisdiction.Justice Sanjay Dhar, while dismissing a petition filed under Section 528 of BNSS, reaffirmed that Section 438(2) of the...

J&K High Court Upholds 1944 Land Exchange Order, Says Vested Rights Cannot Be Undone By Administrative Inertia

Safeguarding the sanctity of long-standing administrative decisions and vested rights, the High Court of Jammu and Kashmir and Ladakh, upheld the enforceability of Government Order No. 60-C of 1944 and directed authorities to process the construction permission for land exchanged under the said order provided such land is not under dense plantation and is otherwise permissible under the...

Withdrawal Of Earlier Notification For Departmental Promotion & Issuing Fresh Notification Under Amended Rules Is Not Mala Fide: J&K High Court

The Jammu and Kashmir High Court held that the university can issue a fresh notification for initiating the departmental promotions under amended rules pending the finalization of the process of promotion issued under the previous rules.The above orders came while the court was hearing the challenge by the petitioner against the fresh notification issued by the respondent University requiring...

J&K High Court Grants Final Chance To Estates Dept To File Status Report In Plea Seeking Eviction Of Ex-Ministers From Govt Accommodation

In a Public Interest Litigation (PIL) concerning the unauthorised occupation of government accommodations by former ministers and politicians, The Jammu & Kashmir Highcourt has given the Estates Department a final opportunity to submit a comprehensive status report by July.A Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal expressed serious concern over repeated non-compliance...