High Court of J & K and Ladakh
J&K High Court Grants Bail To Man Accused Of Shooting Wife, Notes That Crucial Eyewitnesses Including Son & Daughter Turned Hostile
The Jammu and Kashmir High Court has granted regular bail to a man accused of murdering his wife with a firearm, observing that the prosecution has failed to produce any clinching or credible evidence connecting him to the crime.A bench of Justice Rajesh Sekhri allowed the bail application, holding that “in such cases of 'no evidence', courts are obliged to take a holistic view and exercise discretion in favour of liberty.”The case relates to the alleged shooting death of the accused's wife,...
When Both Parties Are Equally At Fault, Law Will Leave Them Alone: J&K High Court Dismisses Appeal In Land Compensation Case
Reiterating the doctrine of pari delicto, the High Court of Jammu and Kashmir and Ladakh has held that where both parties are equally at fault in entering into an illegal agreement, the law will not intervene to determine their inter se rights and liabilities.The Division Bench comprising Justice Sindhu Sharma and Justice Rajesh Sekhri thus dismissed a Letters Patent Appeal filed by one Pawan Kumar Sharma, challenging the dismissal of his writ petition related to compensation awarded for land...
Revenue Authorities Can Decide Cases On Merits While Exercising Transfer Powers U/S 10 Of Land Revenue Act: J&K High Court
Reiterating the wide discretionary powers conferred upon senior revenue authorities under Section 10 of the Jammu and Kashmir Land Revenue Act, the High Court of Jammu and Kashmir and Ladakh has ruled that officers such as the Collector, Divisional Commissioner, and Financial Commissioner are legally empowered to decide matters on merits while exercising their authority to withdraw and...
Evidence Act | S.106 Cannot Be Used To Fill Gaps In Prosecution Case Without A Firm Foundation: J&K High Court
Reaffirming foundational principles of criminal jurisprudence, the High Court of Jammu & Kashmir and Ladakh has ruled that Section 106 of the Indian Evidence Act cannot be invoked to fill material gaps in the prosecution case unless the foundational facts necessary to shift the onus are first firmly established.While acquitting accused Shamim Ahmad Parray @ Koka Parray and Mst. Gulshana,...
J&K High Court Resolves Arbitrator Fee Stalemate, Directs Centre To Deposit Fee As Per 4th Schedule Arbitration Act
In an order addressing the long-pending stalemate in an arbitration matter, the Jammu and Kashmir High Court directed the Union of India to deposit the arbitrator's fee as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996, enabling the pronouncement of the arbitral award.The issue before the court was whether a government-prescribed internal fee structure for...
'Cannot Be Declared Medically Unfit Solely On Basis Of Birthmark' J&K High Court Quashes Rejection of CAPF Aspirant
The High Court of Jammu and Kashmir and Ladakh at Jammu has quashed the medical rejection of a CAPF aspirant declared unfit due to a congenital birthmark.A bench of Justice M. A Chowdhary emphasised that congenital conditions like 'Port Wine Stain' cannot, by themselves, be grounds for medical disqualification unless accompanied by concrete medical reasoning demonstrating...
Alibi Cannot Be Tested At Stage Of Framing Charges: J&K High Court Declines To Quash Chargesheet In Assault Case
The Jammu & Kashmir High Court has dismissed a petition seeking quashing of a charge sheet filed against several individuals accused of carrying out a violent attack using deadly weapons, holding that the plea of alibi raised by the accused cannot be tested in a pre-trial stage under the guise of a quashing petition.The petitioners had urged the Court to quash the charge sheet on the...
High Court Issues Directions To Remove Encroachments In Jammu City, Directs Security Cover During Anti-Encroachment Drives
In an order aiming at restoring public spaces and ensuring smooth flow of pedestrian and vehicular traffic the Jammu & Kashmir High Court has issued comprehensive directions to curb illegal encroachments by shopkeepers, vendors, and food joints, while disposing of a long-pending Public Interest Litigation (PIL).The bench of Chief Justice Arun Palli, Justice Rajnesh Oswal emphasized...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: June 16 - June 22, 2025
Nominal Index:Intizamia Committee Vs UT Of J&K 2025 LiveLaw (JKL) 238TOUSEEF AHMAD KHAN Vs UT OF J&K & another 2025 LiveLaw (JKL) 239Raja Aif Farooq & Anr VS UT OF J&K & ORS 2025 LiveLaw (JKL) 240Healthium Medtech Ltd. Vs UT of Jammu and Kashmir and others 2025 LiveLaw (JKL) 241MOHAMMAD AFZAL MALIK Vs MOHAMMAD AKRAM WANI & ORS 2025 LiveLaw (JKL) 242Mohd. Abbas vs...
"Abuse Of Authority": J&K High Court Quashes Preventive Detention Order, Pulls Up DM, SSP Kathua For “Tainted Dossier”
The Jammu and Kashmir High Court has quashed the preventive detention of a man, calling the action as a “punitive measure in the garb of preventive detention."The court censured both the District Magistrate, Kathua, and the Senior Superintendent of Police (SSP), Kathua, for “abuse of position” and “malice in law.”A bench of Justice Rahul Bharti held that the preventive detention order...
Local Commissioner Can Submit Report On Physical Features Of Land For Deciding Interim Injunction Application: J&K High Court
The Jammu and Kashmir High Court said that local commissioners appointed by the court are well within their rights to submit a report regarding the physical features existing on the spot of land for the purpose of deciding the application filed under Rules 1 and 2 of Order 39 of the Civil Procedure Code 1908.The court made the above observation while hearing the petition challenging the order...