DV Act | Magistrate Can Grant Ex-Parte Relief Even In Absence Of Domestic Incident Report: J&K High Court

In a pivotal ruling on the rights of women under the Protection of Women from Domestic Violence Act, 2005, the High Court of Jammu and Kashmir and Ladakh has held that a Domestic Incident Report (DIR) is not mandatory for a Magistrate to grant interim or ex parte relief under the statute.“Under Section 20 of the D.V. Act, an aggrieved wife is entitled to monetary relief, including...

J&K High Court Upholds Decision To Scrap Recruitment, Says Process Cannot Be Salvaged By Separating Tainted & Untainted Candidates

The Jammu & Kashmir High Court upheld the government's decision to scrap the selection process for Class IV/MTS posts in a district, citing serious irregularities in the procedure.A bench of Justices Sanjay Parihar and Sanjeev Kumar set aside the judgment passed by the Tribunal which had interfered with the government's decision, observing that the selection was “neither fair...

J&K High Court Dismisses Challenge To Tral Link Road Project, Says Judicial Restraint Is Crucial In Areas Requiring Technical Expertise

“Judicial restraint is especially warranted where the subject-matter requires specialized knowledge, such as the alignment of highways or public roads, which is fundamentally a matter of technical feasibility and infrastructural prudence,” observed Justice Wasim Sadiq Nargal of the High Court of Jammu & Kashmir and Ladakh while dismissing a petition against the construction of a...

J&K High Court Orders Compensation Of Over ₹11 Lakhs For Death Due To Falling 11,000 KV Supply Wire, Says Negligence Of Power Dept Is Presumed

The Jammu & Kashmir High Court upheld the writ court's finding of negligence on the part of the Power Development Department in the electrocution death of a 45-year-old man, holding that such hazardous activities attract presumed negligence, especially when no contrary material is brought on record by the department.A Division Bench of Justice Sanjay Parihar and Justice Sanjeev...

[Prevention Of Corruption Act] Violating Provision For Prior Approval In Initial Probe Does Not Vitiate Entire Process: J&K High Court

The Jammu and Kashmir High Court has refused to quash an FIR registered under the Prevention of Corruption Act against certain public officials, despite acknowledging that the initial phase of investigation was conducted without the mandatory prior approval under Section 17A of the PC Act.A bench of Justice Sanjay Dhar held that violation of Section 17A in the initial phase of investigation...

Notification For Vacancies Only An Invitation To Apply, Not A Guarantee Of Appointment: J&K High Court

Reiterating the legal position that a candidate does not acquire an indefeasible right to appointment merely by participating in the recruitment process, the High Court of Jammu and Kashmir and Ladakh dismissed a writ petition filed by Sushant Khajuria, an unsuccessful aspirant for the post of Probationary Officer (PO) in Jammu and Kashmir Bank.Quoting the Supreme Court, Justice Javed Iqbal...

J&K High Court Quashes Embezzlement Case Against Ex-Head Of SMHS Hospital, Says Expenditure Was 'Motivated By Patient Care & Exigency'

In granting relief to a former Medical Superintendent of SMHS Hospital, Srinagar, the Jammu & Kashmir High Court has quashed criminal proceedings against the petitioner in an embezzlement case, holding that his conduct lacked mens rea and was already ratified by competent authorities.A bench of Justice Sanjay Dhar observed that although there may have been procedural irregularities, "the...

J&K High Court Upholds Arbitral Award Of ₹1.37 Crore To Entrepreneur Whose Gulmarg Hotel's Lease Was Illegally Terminated By Govt

The Jammu & Kashmir High Court has upheld Rs. 1.37 crore in compensation to a woman entrepreneur whose hotel lease was wrongfully cancelled, stating that illegal termination of lease resulted in losses to the extent of Rs.1,37,57,009/.A bench of Justice Sanjay Dhar held that the Arbitral tribunal was justified in awarding the amount towards the financial loss suffered by the...

Kashmir University Doing Great Disservice To Students By Hiring Guest Faculty To Circumvent Need For Contracutal Teachers: J&K High Court

The Jammu & Kashmir High Court has delivered a judgment reinforcing the legal principle that “one ad hoc arrangement cannot be replaced by another of similar nature,” and criticised the University of Kashmir for replacing contractual faculty with visiting and guest lecturers.It further directed the respondent University to continue the services of contractual law lecturers until a...

HC Cannot Order Re-Investigation Until Trial Court Decides On Whether Probe Is Tainted Or Not, Causes Prejudice To Accused: J&K High Court

The Jammu & Kashmir High Court has refused to entertain a writ petition seeking reinvestigation or alteration of charges in an alleged assault and disrobing case, directing the petitioner to pursue remedies before the trial court.A bench of Justice Sanjay Parihar observed that the petitioner had an adequate opportunity before the trial court to raise her grievances, and that writ...

Jammu & Kashmir And Ladakh High Court Monthly Digest: June 2025

Nominal Index:Iftikhar Ashraf Trumboo vs Furqaan Ah. Rather 2025 LiveLaw (JKL) 217Thakur Ashwani Singh vs State of Punjab 2025 LiveLaw (JKL) 218Attiqa Bano Vs National Insurance Company Ltd 2025 LiveLaw (JKL) 219Tahir Riyaz Dar vs UT of J&K 2025 LiveLaw (JKL) 220Sajad Ahmad Khan Vs Union of India & Ors 2025 LiveLaw (JKL) 221Bhole Bhandari Charitable Trust Vs Shri Amarnathji Shrine...

J&K HC Acquits Man Accused Of Killing Wife By Setting Bed Ablaze, Says It Was Unexplained Why He Didn't Save His Son If He Was Present At Scene

The Jammu & Kashmir High Court acquitted a man convicted for murder, pointing to multiple shortcomings in the prosecution's case, including variations and contradictions in the initial report and testimony of key witnesses and conflicting accounts of the type of weapons used, the manner of assault, and nature of injuries.The court also expressed concern over the prosecution's failure...