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...

“Favouritism”: J&K High Court Quashes Tenders Awarded To Johnson & Johnson, SR Technomed Over Bias And Arbitrariness

The Jammu & Kashmir High Court has set aside rate contracts awarded by the Jammu and Kashmir Medical Supplies Corporation Ltd. (JKMSCL) for supply of suture materials stating “clear arbitrariness, procedural violations, and institutional favouritism” in favour of two long-time vendors.A bench of Justice Moksha Khajuria Kazmi observed that financial bids were opened and contracts...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 9 - June 15, 2025

Nominal Index:Syed Muiz Qadri & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 226Jagdish Raj Gupta Vs Purushottam Gupta 2025 LiveLaw (JKL) 227ALI MOHAMMAD BHAT & ORS. Vs UT OF J&K 2025 LiveLaw (JKL) 228Abdul Majid Dar Vs UT Of J&K 2025 LiveLaw (JKL) 229Saja Begum vs Financial Commissioner Revenue J&K Govt.& Ors 2025 LiveLaw (JKL) 230Bilal Ahmad Yatoo vs UT of J&K...

'Criminal Case Filed To Coerce Party To Settle Civil Dispute': J&K High Court Quashes FIR Over Allegations Of Outraging Modesty Of Woman

The Jammu & Kashmir High Court has quashed an FIR against two nephews accused of outraging the modesty of their aunt and criminal trespass, holding that the allegations arose out of a civil property dispute and did not constitute a criminal offence. A bench of Justice Sanjay Dhar observed that the FIR is "an abuse of process of law" and a classic example of an attempt to settle civil...

FSL Report Missing, Causes Doubts On Quantity Being Commercial: J&K High Court Grants Bail In NDPS Case

The Jammu and Kashmir High Court granted bail to an accused under the NDPS Act, observing that the prosecution failed to establish prima facie possession of commercial quantity of contraband drugs due to gaps in investigation and absence of crucial FSL reports.A bench of Justice Sanjay Dhar allowed the bail application after noting that only 3 out of 11 bottles of alleged codeine syrup...

'Ziyarat' That Qualifies As “Wakaf By User” Needs No Formal Declaration To Be Treated As Wakaf: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held that a Ziyarat (shrine), Dargah, or other religious property that qualifies as a "Wakaf by user" under Section 3(d)(i) of the Jammu & Kashmir Wakafs Act, 1978, does not require a formal declaration or notification to be treated as Wakaf.The Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar thus dismissed...

Mere Medical Evidence Of Sexual Intercourse Insufficient To Convict For Rape, Direct Evidence Must Connect Accused To Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that mere medical evidence confirming sexual intercourse is insufficient to establish guilt under the POCSO Act or rape charges. There must be direct or circumstantial evidence connecting the accused to the act, observed Justice Sanjay Dhar while quashing charges against one Basit Bashir, accused of kidnapping and sexually assaulting two...

Cannot Withold Retirement Benefits For Crime Branch Clearance: J&K HC

High Court of Jammu and Kashmir and Ladakh: A single judge bench of Justice Rajesh Sekhri held that retirement benefits could not be withheld merely on the grounds of pending clearance from crime branch, especially when the FIR has been closed as 'not proved'. The court ruled that even when if the FIR investigations were pending, it does not amount to 'judicial proceedings', and thus,...

Trial Not Completed 5 Years, SC's Ratio In KA Najeeb Case Won't Apply: J&K High Court Denies Bail To UAPA Accused

The Jammu & Kashmir High Court dismissed bail applications filed under the Unlawful Activities (Prevention) Act, ruling that the allegations involving recovery of explosive substances and links with a militant module are too grave to warrant release at this stage of the trial.A bench of Justices Rajnesh Oswal, Sanjay Parihar observed that the trial is underway with material evidence...