Rejection Of Plaint Is “Digression” From Normal Adjudication, Not Routine Option: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure is not a default or routine step in civil adjudication, but a “digression” which courts should resort to only when the plaint, by its own deficiencies, invites such rejection.Terming the exercise of rejection of a plaint in terms of Order VII Rule 11 of...

'Fall Of Woman's Headgear Due To Use Of Force Without Any Intention Does Not Amount To Outraging Modesty': J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that the falling of a woman's headgear on account of the use of force does not amount to outraging her modesty. It observed that mere use of criminal force or assault on a woman, without any intention to outrage her modesty, does not constitute an offence under Section 354 of the Indian Penal Code. The Court clarified that intent to...

Magistrate Cannot Issue Warrant When Respondent Skips Appearance In DV Act Case After Summons: J&K&L High Court

Holding that coercive processes like arrest warrants have no place in proceedings under Section 12 of the Domestic Violence Act unless a distinct offence under the Act is alleged, the Jammu & Kashmir and Ladakh High Court has ruled that once a respondent has been duly served with summons but fails to appear, the Magistrate is empowered only to proceed ex parte and cannot resort to...

'Taunts Over Childlessness Not Abetment; Contemporary Woman More Resilient': J&K&L Acquits Husband, In-Laws In Wife's Suicide Case

The High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a husband and his parents, accused of abetting the suicide of a woman who was allegedly harassed over her inability to conceive a child after five years of marriage.The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar dismissed the State's criminal appeal against the trial court order, observing that...

Departmental Proceedings Need Not Be Stayed Merely Because Criminal Case Is Pending Unless Prejudice Is Shown: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that departmental proceedings cannot be halted merely because a criminal case is pending on the same allegations.The High Court clarified that a stay is justified only where the criminal case is of a grave nature involving complicated questions of fact and law, and where continuation of disciplinary action would prejudice the...

Courts Can't Interfere In Court-Martial Merely On Compassionate Grounds If Proceedings Not Irregular: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that courts cannot interfere with court-martial proceedings merely on grounds of compassion or if the punishment appears excessive, provided the proceedings are conducted in strict conformity with law.A Division Bench of Justices Sanjeev Kumar and Sanjay Parihar set aside an Armed Forces Tribunal (AFT) order that had modified the...

Claims Under 'Roshni Act' Void Ab-Initio, Any Vesting Of Ownership Rights Extinguished From Inception: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001 (“Roshni Act”) having been declared unconstitutional, contrary to law, and void ab initio cannot form the basis of any legal right, title, or claim. The Court ruled that all actions, applications, and entitlements sought under the Roshni Act stand...

Ex-Servicemen Need Not Prove Entitlement To Disability Pension, Benefit Of Doubt Must Favour Them More Liberally: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed the welfare-oriented approach governing disability pension claims, holding that a claimant is not required to prove entitlement, and that the benefit of every reasonable doubt must be given to the serviceman more liberally so in field or afloat service cases.A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay...

Prescribing Maximum Age Of 65 Years For Fair Price Shop Dealers Not Unreasonable: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prescribing the maximum age of 65 years for a fair price shop dealer for the implementation of the Public Distribution System (Control) Order 2001 cannot be termed as unreasonable.The Court found that the impugned notification contained a provision allowing transfer of the licence to an eligible dependent, and therefore did not result...

J&K&L High Court Closes PIL On Spurious Medicine Sales In UT, Says Detailed Mechanism Already In Place

The Jammu & Kashmir and Ladakh High Court closed a Public Interest Litigation seeking action against the alleged circulation of spurious, fake and misbranded medicines, after recording that a detailed regulatory framework is already operating in the Union Territory.The Court was hearing a public interest petition filed by an Advocate raising concerns regarding the sale of misbranded...

Absolute Domicile-Based Reservation In Medical & Allied Courses Unconstitutional; Vacant Seats Must Be Open To Outsiders: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that while the Union Territory may reserve a portion of seats in medical and allied professional colleges to benefit local candidates, such reservation cannot be absolute.The Court held that if seats remain vacant after counselling of local applicants, the restriction on domicile must be relaxed, enabling candidates from outside the UT...

Payment Of Tax Cannot Legalise Unlicensed Activity, GST Registration Doesn't Confer Right To Conduct Business: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that obtaining registration under the Goods and Services Tax Act, 2017, does not amount to authorisation to conduct a trade or business, nor can payment of tax legitimise an otherwise unlicensed commercial activity.The High Court clarified that taxation statutes and regulatory licensing statutes operate in distinct spheres, and...