S.142 NI Act | No Bar On Magistrates From Adhering To Pre-Cognisance Notice Requirements U/S 223 Of BNSS: J&K High Court Clarifies

The Jammu and Kashmir and Ladakh High Court has clarified that the provisions of Section 142 of the Negotiable Instruments Act, 1881 (N.I. Act) do not bar Magistrates from adhering to the pre-cognizance notice requirements under Section 223 of the Bharatiya Nagrik Suraksha Sanhita (BNSS).A bench of Justice Mohammad Yousuf Wani emphasized that while the N.I. Act mandates specific procedures...

J&K High Court Restrains Police From Filing Final Report Against Three Animal Rights Activists Without Prior Permission

J&K High court has directed the Station House Officer (SHO) of concerned Police Station not to submit the final report in an FIR against three animal rights activists under Sections 333, 115(2), and 191(2) of the BNS without prior permission of the Court.The petitioner had sought quashment of the FIR on the ground that it was a retaliatory measure followed by the FIR registered at...

Fiction Of Subsisting Contract Between Advocate & Deceased Client Only For Limited Purpose Of Informing Court About Client's Death: J&K High Court

Reinforcing a critical procedural safeguard, the High Court of Jammu and Kashmir and Ladakh at Srinagar has held that Order XXII Rule 10A CPC introduces a legal fiction deeming the contract between an advocate and a deceased party as subsisting but only for the limited and essential purpose of requiring the advocate to inform the Court about the death of the party they represent.This...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 28 - May 4, 2025

Nominal Index:IRSHAD RASHID SHAH vs UT OF J&K & OTHERS 2025 LiveLaw (JKL) 168Mohd. Ayub vs UT of J&K 2025 LiveLaw (JKL) 169Asif Amin Thokar vs UT of J&K 2025 LiveLaw (JKL) 170Irshad Rashid Shah Vs UT Of J&K 2025 LiveLaw (JKL) 171Jitendra Narayan Tyagi @ Syed Waseem Rizvi vs UT of J&K 2025 LiveLaw (JKL) 172Ashok Kumar Bhagat Vs UT Of J&K 2025 LiveLaw (JKL)...

FIR Not Invalid Merely Due To Prior Civil Or Criminal Case, But Must Be Scrutinized For Ulterior Motives If Filed Soon After: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has observed that an FIR cannot be dismissed merely on the ground that it was lodged after the initiation of a civil or criminal proceeding. However, when such FIRs are filed shortly thereafter, the Court stressed, they must be closely examined to rule out any ulterior motives behind the criminal prosecution, the court clarified.The observation...

NI Act | Demand Notice Must Be Read As A Whole, Cannot Be Dismissed Over A Solitary Error: J&K High Court

Reinforcing the statutory mandate under the Negotiable Instruments Act, the High Court of Jammu & Kashmir and Ladakh has ruled that a solitary typographical error in a statutory notice under the Negotiable Instruments Act, 1881, cannot override the overall content and intent of the notice, thus refusing to quash cheque dishonour proceedings involving Rs. 21 lakhs.Dismissing a plea...

Jammu & Kashmir And Ladakh High Court Monthly Digest: April 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...

Trial Judges Relying On Staff For Drafting Interim Orders Is An Unhealthy Practice, Must Write Or Dictate Orders Themselves: J&K High Court

Spotlighting on procedural integrity in the subordinate judiciary, the High Court of Jammu & Kashmir and Ladakh, while dismissing a petition challenging the framing of charges in a forgery case, issued a cautionary note to trial magistrates against delegating the drafting of interim orders including those related to framing of charges to subordinate staff.Justice Mohammad Yousuf...

J&K High Court Halts Deportation Of Former Police Constable To Pakistan, Cites 26-Year Long Service

In a significant development, the Jammu & Kashmir and Ladakh High Court has put a temporary hold on the deportation of a former constable of the J&K Police, observing that revenue records submitted in court establish a prima facie case of their bona fide residence in Poonch district of Jammu & Kashmir.A bench of Justice Rahul Bharti was hearing the petition challenging the...

J&K High Court Stays Proceedings In Criminal Case Against Jitendra Tyagi For Derogatory Remarks Against Islam, Prophet Mohammad

The Jammu and Kashmir High Court held that the trial court erred in taking the cognizance against petitioner under sections 153-A, 295-A & 505(1) of IPC by-passing the required sanction from central government as provided under section 196 of Cr.PC.The court was hearing a writ petition filed by petitioner seeking quashment of the very entertainment of a criminal complaint filed by...

J&K High Court Flags CRPF Jawan's Online Marriage With Pakistani Lady, Questions Whether Such Marriages Are Recognisable Under Law

The High Court of Jammu & Kashmir and Ladakh, while dealing with an unusual plea involving cross-border marriage and immigration on Tuesday questioned the legality of an online marriage between a serving CRPF personnel and a Pakistani national. The order was passed by Justice Rahul Bharti in a writ petition filed by Munir Ahmed, a CRPF jawan, and his Pakistani wife.The petitioners...

J&K Compassionate Appointment Rules | Rule 3(2) Extends Discretion To Govt To Appoint Dependents To Higher Posts: High Court

Shedding light on the the statutory structure of compassionate appointments under SRO 43 of Jammu and Kashmir (Compassionate Appointment) Rules, 1994, the High Court of Jammu and Kashmir and Ladakh has held that Rule 3(1) is a general provision for offering appointments in the lowest non-gazetted posts, while Rule 3(2) confers exclusive discretionary power upon the Government in the...