[Illegal Construction] Officers Who Allow Building Permissions To Be Violated Must Be Penalised: J&K&L High Court

In a strongly worded judgment, the Jammu & Kashmir High Court ordered the demolition of an unauthorized hotel structure constructed in violation of sanctioned building permissions in Srinagar, while voicing serious concern over the rampant unplanned development in the city.The court said “It is high time that the authorities at the helm of affairs fix the responsibilities of...

Women Can Seek Relief Under DV Act Even During Maintenance Enforcement Proceedings Under CrPC: J&K High Court

Affirming the expansive protective scope of the Domestic Violence Act, 2005, the High Court of Jammu & Kashmir and Ladakh has held that a woman aggrieved by domestic violence is entitled to seek residence or other reliefs under Sections 18 to 22 of the Act in any legal proceeding including enforcement proceedings under Section 488(3) of the J&K CrPC (Pari Materia with Sec 125 CrPC) ...

Working Of Courts Was Hampered Post-Abrogation Of Article 370 & COVID-19: J&K&L HC Allows Production Of Witnesses At Stage Of Final Arguments

A Single Judge Bench of the Jammu & Kashmir and Ladakh High Court comprising Justice Sanjay Dhar has held that the power under Section 540 of the J&K CrPC can be exercised at any stage of inquiry, trial or other proceedings.It was held that the Trial Court had failed to consider the situation that had arisen due to the abrogation of Article 370, followed by the outbreak of...

'Errors In Administrative Judgement Should Not Attract Severest Punishments': J&K&L HC Quashes Retrospective Dismissal Of Retired Employee

The Jammu & Kashmir High Court took strong exception to the retrospective dismissal of the officer, passed after his retirement and noted that the punishment imposed was not commensurate with the nature of the alleged lapses.The petitioner, a bank officer with nearly three decades of unblemished service, was dismissed from service following a departmental enquiry over sanctioning...

Complainant's Incarceration Is A Valid Reason To Allow Condonation Of Delay: J&K&L High Court

The High Court of Jammu and Kashmir and Ladakh has held that a complainant's time in jail is a valid reason to excuse delay in filing appeals, even if a special power of attorney was appointed to represent him. Justice Sanjay Dhar made this observation while allowing two criminal appeals seeking restoration of cheque bounce complaints that were earlier dismissed for non-prosecution.While...

Mere Involvement In 'Grave Economic Offence' Not Organised Crime U/S 111 Of BNS: J&K&L High Court

Observing that the invocation of organised crime provisions under Section 111 of the Bharatiya Nyaya Sanhita (BNS) requires strict compliance with the statutory prerequisites, the Jammu & Kashmir and Ladakh High Court has ruled that mere involvement in a grave economic offence is not sufficient to attract the rigours of Section 111 BNS.A bench of Justice Sanjay Dhar has held that to bring...

J&K&L HC Issues Notice On Plea Challenging Grant Of Reservation U/S 3 Of J&K Reservation Act

The Jammu and Kashmir High Court has admitted a fresh writ petition directly challenging the constitutional validity of Section 3 of the J&K Reservation Act, 2004, which provides reservation on the basis of population ratio for being contrary to Article 16 (4) of the Constitution. The petitioner has also challenged successive statutory orders which have inflated...

J&K&L HC Issues Contempt Notice To Cops Over Alleged Custodial Torture Of Punjab Labourers, Cites Violation Of DK Basu & Arnesh Kumar Guidelines

The Jammu & Kashmir and Ladakh High Court has issued contempt notices to the Sub-divisional Police Officer (SDPO), Station House Officer (SHO), and other police personnel of Police Station Basohli for the illegal arrest and custodial torture of two Punjab-based labourers. A bench of Justice Moksha Khajuria Kazmi passed the order while hearing a contempt petition filed...

J&K High Court Denies Anticipatory Bail To Man Accused Of Masterminding Large-Scale International Cryptocurrency Scam

In a crypto-currency fraud case, the High Court of Jammu & Kashmir and Ladakh has denied the pre-arrest bail plea by Naresh Kumar Gulia, who is alleged to have set up a huge fake crypto Ponzi scam that tricked many investors in India and other places. While dismissing his plea for pre-arrest bail, Justice Mohammad Yousuf Wani observed, “The petitioner is alleged to be involved in...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 14 - July 20, 2025

Nominal Index:Arshad Ahmed Allaie Vs UT Of J&K 2025 LiveLaw (JKL) 274J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATION 2025 LiveLaw (JKL) 275J&K Road Transport Corporation vs Shareefa & Ors 2025 LiveLaw (JKL) 276Ravinder Kumar Vs Financial 2025 LiveLaw (JKL) 277Zahoor Ahmad Bhat and Ors Vs UT of J&K 2025 LiveLaw...

J&K And Ladakh High Court Upholds Acquittal In 2005 Jammu Terror Case

"Non-association of independent civilian witnesses, despite their availability at the time of arrest and alleged recovery, casts a serious shadow over the credibility of the investigation" , observed the High Court of Jammu and Kashmir and Ladakh while upholding the acquittal of two men accused in a 2005 terror-linked arms recovery case in Jammu. The Court comprising Justice Sindhu Sharma...

Labelling J&K 'Occupied Territory', Calling For Its Secession From India Is An 'Unlawful Activity' Under UAPA: J&K&L High Court

The Jammu & Kashmir has held that advocating for the secession of Jammu & Kashmir from the Union of India constitutes an "unlawful activity" under the Unlawful Activities (Prevention) Act, 1967, and squarely attracts Section 13(1) of the Act.A Division Bench of Justice Sanjay Parihar and Justice Sanjeev Kumar set aside the trial court's order discharging the accused in a case...