Magistrate Cannot Enforce Settlement Order Or Act As Executing Court After Compromise Is Recorded In Cheque Bounce Cases: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has underscored that once a lawful compromise is recorded in a complaint under Section 138 of the Negotiable Instruments Act, the trial Magistrate is duty-bound to dispose of the complaint in terms of that compromise and cannot continue to monitor or enforce the settlement by assuming the role of an executing court.Justice Sanjay Dhar held that such a course is not sanctioned by law and any failure to adhere to the compromise must be addressed only...

J&K&L High Court Grants Bail To 75-Yr-Old Grandfather Accused By Granddaughter In POCSO Case, Says Involvement Is 'Highly Doubtful'

In a sensitive case involving allegations by a granddaughter against her own grandfather, the High Court of Jammu & Kashmir and Ladakh has granted bail to a 75-year-old accused, holding that the very edifice of the prosecution case crumbled during trial, and that continued incarceration would be legally impermissible.Justice Sanjay Dhar, while deciding a Bail Application, underscored that even in cases under the POCSO Act, statutory presumptions are not irrebuttable, and bail cannot be...

Jeweller Voluntarily Handing Over Gold To Customer Is 'Entrustment'; Theft Not Covered Under Insurance Policy: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where possession of insured property is voluntarily transferred on the basis of trust, such transfer amounts to entrustment, and any dishonest loss arising therefrom attracts exclusion clauses notwithstanding that the act may legally amount to theft.Applying this doctrine, a Division Bench comprising Justice Sanjeev Kumar and...

Sanction Under Prevention Of Corruption Act Not Needed After Public Servant Retires Or Demits Office: J&K&L High Court

Holding that the statutory protection of prior sanction for prosecution under the Prevention of Corruption law is available only so long as a public servant remains in service, the Jammu and Kashmir and Ladakh High Court has ruled that no sanction is required once the official has demitted office or retired.Justice Sanjay Dhar made this clear while dismissing a petition challenging...

Criminal Courts Must Proactively Filter Factually Fractured Prosecutions At Challan Stage To Arrest 'Snail-Paced Justice': J&K High Court

Holding that criminal courts are not meant to function as passive recipients of police reports, the Jammu and Kashmir and Ladakh High Court has underscored that from the very presentation of a final police report (challan), courts must proactively apply judicial acumen to examine whether a case discloses a complete and coherent factual foundation warranting trial, or whether it is a...

Surrendering Weapons Without Firing Is Cowardice, Brings Moral Disgrace: J&K&L HC Restores Dismissal Of Constable For Failing To Repel Attack

Holding that police personnel entrusted with public safety cannot abdicate their duty in the face of militant violence, the Jammu and Kashmir and Ladakh High Court has ruled that the failure of police guards to retaliate a militant attack and their act of surrendering service weapons without firing even a single round amounts to a serious act of cowardice bringing moral disgrace to the...

J&K&L High Court Issues Notice On PIL Seeking ST Status, PSP Certificates For 1947 PoJK Displaced Persons

The Jammu & Kashmir High Court issued notice in a Public Interest Litigation seeking Scheduled Tribe (ST) status and issuance of PSP certificates to persons displaced from Pakistan-occupied Jammu and Kashmir (PoJK) in 1947.The PIL has been filed by the Jammu Kashmir Action Committee through its President Gurdev Singh and was heard by a Division Bench comprising Chief Justice Arun Palli...

'Baseless Claims Cannot Discredit Documents By Competent Authorities': J&K&L High Court Reiterates Need For Specific Pleadings In Fraud Cases

Underscoring the necessity of precise pleadings while alleging fraud, the High Court of Jammu & Kashmir and Ladakh has held that making sweeping and baseless allegations as to the veracity of the documents issued by the competent authorities would not make such documents unreliable.A bench of Justice Sanjay Dhar emphasised that it is essential for a litigant to give full particulars of...

Presence Of A Capable Parent Excludes Application Of 'Child In Need Of Care & Protection' Under JJ Act: J&K&L High Court

The Jammu and Kashmir High Court held that a child who is being adequately cared for by her parent cannot be brought within the definition of a “child in need of care and protection” under the Juvenile Justice Act, 2015.A bench of Justice Sanjay Dhar, while allowing the petition, observed that the Committee's reasoning was fundamentally flawed.It said that “The reasoning adopted by...

Past Employment With Party Does Not Make Arbitrator Ineligible: J&K&L High Court Reaffirms

The Jammu and Kashmir and Ladakh High Court on Monday reiterated that an arbitrator does not become ineligible merely because he was employed by one of the parties in the past. The court held that past government service, by itself, does not indicate bias under the Arbitration and Conciliation Act unless it is shown that the arbitrator has a continuing business relationship or had advised...

“Lacking Material Documents, Grounded In Ambiguity”: J&K&L High Court Dismisses Mehbooba Mufti's PIL On Transfer Of Undertrial Prisoners

Reaffirming the constitutional limits of Public Interest Litigation, the High Court of Jammu & Kashmir and Ladakh has dismissed a PIL filed by PDP President and former Chief Minister Mehbooba Mufti, holding that the petition was “lacking material documents and grounded in ambiguity” and rested on incomplete, vague and unsubstantiated assertions.The Division Bench comprising Chief...

Health Sub-Centre Location Is Policy Matter, But Residents' Objections Must Be Fairly Considered: J&K&L High Court

Underscoring the balance between administrative discretion and public fairness, the High Court of Jammu & Kashmir and Ladakh has held that the choice of location for a government amenity such as a Health Sub-Centre squarely lies within the domain of the competent authority, and no private individual or group can insist upon a particular site.At the same time, the Court emphasized that...