“Reasonable Grounds” To Grant Bail Pending Trial In NDPS Cases Cannot Be Interpreted As 'Proof' Under BSA: J&K High Court

Underscoring the importance of a balanced interpretation of "reasonable grounds" in the context of bail applications, the Jammu and Kashmir and Ladakh High Court has emphasized that such grounds must go beyond mere suspicion yet fall short of conclusive proof.A bench of Justice Mohammad Yousuf Wani added, “.. The words “reasonable grounds” cannot be read to mean proved as used...

Failure To Provide Sample & Report To Accused Vitiates Trial Under Drugs Act: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed criminal proceedings initiated under the Drugs and Cosmetics Act against a petitioner, holding that mandatory safeguards prescribed under the statute, namely furnishing of a portion of the sample and a copy of the Government Analyst's report to the accused, were violated.The court observed that such non-compliance renders the entire...

GST Demand Cannot Exceed Amount Mentioned In Show Cause Notice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a tax demand under GST cannot exceed the amount mentioned in the show cause notice and that doing so violates basic principles of fairness. The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar set aside a GST demand raised against a goods transport agency (GTA), after finding that the final demand was...

Civil Courts Cannot Interfere In Agrarian Resumption Cases, Only Revenue Authorities Have Jurisdiction: J&K&L High Court

“Matters arising out of the Agrarian Reforms Act especially resumption proceedings fall exclusively within the domain of Revenue Authorities, and civil courts lack jurisdiction to interfere, even at the injunction stage,” held the High Court of Jammu & Kashmir and Ladakh while dismissing a petition filed by two litigants challenging concurrent findings of the courts below.Reaffirming...

Allotment Of Evacuee Property Confers Only Temporary Licence, Not Leasehold Rights: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an allotment under the J&K Evacuees (Administration of Property) Act merely creates a temporary licence, terminable in accordance with statutory provisions.Such an allotment, the High Court clarified, does not confer any proprietary or leasehold interest in the property, while stating that a subsequent instrument calling...

Insurer Cannot Rely On Hidden Exclusions To Defeat Consumer's Legitimate Expectations Under Insurance Policy: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an insurer cannot deny coverage for Storm, Tempest, Flood and Inundation (STFI) perils on the ground that no separate premium was paid, when the policy issued is styled as a comprehensive cover including special perils.The High Court observed that the insurer's reliance on a concealed exclusion clause cannot defeat the...

Magistrate Cannot Direct Economic Offences Wing To Investigate Custodial Torture Allegations: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Economic Offences Wing, Srinagar, has no authority under the applicable notification to investigate allegations relating to custodial torture and killing.The Court observed that a Magistrate is empowered to direct an investigation only by an agency having jurisdiction over the offence alleged.The Court was hearing a petition...

Once Defect Is Noticed Within Warranty Period, Both Dealer & Manufacturer Are Jointly Liable For Deficiency In Service: J&K&L High Court

Highlighting the legal obligations of both dealers and manufacturers to resolve defects within the prescribed warranty period the Jammu and Kashmir and Ladakh High Court has held that once a defect is identified within the warranty period, both the dealer and the manufacturer are jointly and severally liable for the deficiency in service.In fastening the liability on the dealer and...

Determination Of Possession Rights In Plaintiff's Injunction Suit Satisfies Due Process, Separate Eviction Suit Not Needed: J&K High Court

Observing that due process of law is satisfied the moment a competent court adjudicates rights of the parties, the High Court of Jammu & Kashmir and Ladakh has held that “once a person in possession brings a suit for injunction against a person who interferes in his possession and his rights are determined in the said suit, it is not necessary for the defendants to bring a fresh suit...

Letters Patent Appeal Not Maintainable Against Interlocutory Orders In Contempt Proceedings: J&K&L High Court

The Jammu & Kashmir High Court held that a Letters Patent Appeal (LPA) does not lie against interlocutory orders passed in contempt proceedings, reiterating that an appeal under Section 19(1) of the Contempt of Courts Act is maintainable only where the Court has actually imposed punishment for contempt.The Division Bench comprising of Justices Sindhu Sharma, Shahzad Azeem observed that...

'GST Is Fiscal Compliance, Not Regulatory Exemption': J&K High Court Says Brick Dealers Still Need Licence Under Brick Kiln Act

The Jammu & Kashmir High Court has upheld the validity of the Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 and the 2017 Rules, ruling that the regulatory framework applies not only to manufacturers but also to brick dealers, rejecting challenges raised by multiple petitioners.The High Court rejected the plea that GST registration obviated the licensing requirement under the Brick...

J&K&L High Court Denies Bail In NDPS Case; Says 32-Month Abscondence Bars Accused From Invoking Prolonged Incarceration Jurisprudence

The Jammu & Kashmir and Ladakh High Court refused to grant bail to an accused facing trial under the NDPS Act, holding that the delay in conclusion of the trial was entirely attributable to the accused himself, who absconded for nearly two-and-a-half years, thereby disabling him from invoking Article 21's right to speedy trial or relying on the Supreme Court's jurisprudence on...