Magistrate Cannot Postpone Decision On Third Party Ownership Objections U/S 84 Of CrPC Until After Attachment Is Executed: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held that a Magistrate is legally obligated to adjudicate objections filed under Section 84 of the Code of Criminal Procedure (CrPC) by third parties before an attachment order under Section 83 CrPC is carried out. Any postponement of such adjudication pending physical attachment or receipt of compliance reports is contrary to law, the...

J&K High Court Issues Notice On CRPF Jawan's Plea Challenging Dismissal From Service For Marrying Pakistani Woman

A Central Reserve Police Force (CRPF) jawan from Jammu and Kashmir, has moved the J&K High Court challenging his dismissal from service for marrying a Pakistani national.A bench of Justice Javed Iqbal Wani while hearing the matter issued notice to the Director General of CRPF, as well as to the Commandants of CRPF's 41 Battalion (Bangrasia, Bhopal) and 72 Battalion (Sodra,...

J&K High Court Declines Man's Plea Against FIR Over Social Media Posts Calling For Violence Against Non-Kashmiri's Living In Kashmir Valley

The High Court of Jammu and Kashmir and Ladakh has dismissed a plea challenging the registration of FIR against one Mubeen Ahmad Shah, who was accused of uploading a series of Facebook posts that allegedly incited communal tensions and undermined national integrity.Justice Sanjay Dhar, while rejecting the petition, made strong observations about the nature and impact of the petitioner's...

When Status Quo Order Is Passed Over Possession Of Suit Property, Party In Possession Can Raise Construction On Their Share: J&K High Court

The Jammu and Kashmir Highcourt held that where the status quo order passed by the court is qualified by the word "possession" and not a blanket status quo order, there is no restraint on the parties to the suit on raising construction on the portion of property which is in their respective possession.The petitioner had challenged the order passed by the trial court allowing the respondent...

CPC | “Sufficient Grounds” Under Order 23 Rule 1(3)(b) Grants Court Wide Discretion To Permit Withdrawal & Filing Of Fresh Suit: J&K High Court

Clarifying the scope of “sufficient grounds” under Order 23 Rule 1(3)(b) of the Civil Procedure Code (CPC), the High Court of Jammu and Kashmir and Ladakh has held that the expression grants wide judicial discretion to trial courts to permit withdrawal of a suit with liberty to institute a fresh one.“… This expression has to be given wide connotation and it cannot be given a...

Breach Of Fiduciary Trust By Manager Cannot Be Taken Lightly: J&K High Court Denies Bail in ₹71 Lakh Embezzlement Case

Taking strong exception to the alleged abuse of fiduciary trust, the High Court of Jammu & Kashmir and Ladakh has refused to grant anticipatory bail to a petrol pump manager accused of defrauding his employer of over ₹71 lakh.Justice Sanjay Dhar observed that when a manager, taking advantage of the trust reposed in him by his employer, proceeds to commit breach of such trust, the...

Consumer Compensation Or Replacement U/S 14 Of Consumer Protection Act Requires Conclusive Proof Of Deficient Service: J&K High Court

Reinforcing a critical principle under consumer law, the High Court of Jammu & Kashmir and Ladakh has held that for an award of compensation or replacement of goods under Section 14 of the Consumer Protection Act, 1986, it must be conclusively established that the service provider was negligent or deficient in service.The Division Bench of Justice Sindhu Sharma and Justice Vinod...

Jammu & Kashmir High Court Quashes Seniority Benefits For Rehbar-E-Taleem Teachers Prior To Regularization Of Services

The Jammu and Kashmir and Ladakh High Court has held that seniority of ReT (Rehbar-E-Taleem) teachers must be reckoned from the date of appointment as a general line teacher and the pre-regularization period of five years will not be included for the purpose of fixing seniority.The appellants had challenged the government order whereby the period of service of ReT teachers prior to...

Discharge In Predicate Offence Does Not Invalidate PMLA Proceedings U/S 3 Of Act: J&K High Court

Upholding the autonomy of proceedings under the Prevention of Money Laundering Act (PMLA), 2002, the Jammu and Kashmir and Ladakh High Court has clarified that a discharge or acquittal in the predicate (scheduled) offence does not automatically invalidate money laundering investigations or summons issued by the Enforcement Directorate (ED).Justice Wasim Sadiq Nargal, while dismissing a...

IT Act | Tax Exemption U/S 10(26) Not Allowed Without Proof Of Living & Earning In Specified Area: J&K High Court

Clarifying the scope of income tax exemption under Section 10(26) of the Income Tax Act, the High Court of Jammu and Kashmir and Ladakh has held that the benefit under this provision is not automatic and can only be claimed when an assessee clearly proves residence in the specified tribal area and demonstrates that the income was actually earned from sources located therein.The Division...

Revenue Officer Has No Jurisdiction Over Urban Residential Property Under J&K Land Revenue Act: High Court Quashes Partition Order

The Jammu & Kashmir High Court has held that urban residential property falls outside the scope of the J&K Land Revenue Act, 1996, and quashed an order passed by a revenue officer attempting to partition such a property.The court was hearing the challenge to the order of District Magistrate wherein it had ordered the partion of the migrant property in favour of respondent which...

J&K High Court Quashes Rape Case Against Man After Seven-Year Relationship; Says Allegations Emerged Only After Marriage Refusal

The Jammu & Kashmir High Court has quashed FIR registered against a man accused of rape and criminal intimidation, citing the delayed complaint and the long-term consensual relationship shared between the parties.The FIR was registered under Sections 376 and 506 of the Ranbir Penal Code (RPC), based on an application filed by the prosecutrix, who claimed that the petitioner had committed...