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...

When Required Experience For Post Has No Nexus With Qualification, It Can Be Gained Before Or After Obtaining Qualification: J&K High Court

Clarifying the interpretation of recruitment eligibility criteria, the High Court of Jammu and Kashmir and Ladakh has held that where the required experience for a post has no direct nexus with the prescribed educational qualification, such experience can be validly acquired either before or after obtaining the qualification.The court added, “.. However, where the experience prescribed...

Accused Sexually Exploited Complainant Over Long Time, Engaged Her On Social Media On Pretext Of Marriage: J&K High Court Denies Bail

The Jammu & Kashmir High Court rejected the anticipatory bail plea of a man accused of sexually exploiting a woman under the false promise of marriage, stating that there is prima facie material suggesting that the petitioner engaged the complainant over social media.The court added that it appears that the petitioner extracted sexual favours under the pretext of marriage, and then failed...

IPC | State Of Mind To Outrage Modesty Of Woman Essential To Attract S.354, Criminal Force Alone Not Enough: J&K High Court

The High Court of Jammu and Kashmir and Ladakh at Srinagar, while quashing an FIR registered under Sections 354 and 447 of the IPC has held that an assault or use of criminal force to a woman simplicitor unaccompanied by a state of mind to outrage modesty of such woman cannot be termed as an offence under Section 354 of IPC.A bench of Justice Sanjay Dhar accentuated, “.. Intent to outrage...

Employer Can Accept Resignation Letter On Same Day, Need Not Wait For Expiry Of Notice Period: J&K High Court

The Jammu & Kashmir High Court upheld the dismissal of a police constable holding that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as 'intention to resign' and wait for a two-month notice period to expire before accepting it.The petitioner had challenged the dismissal on the ground that the department had to wait for 2...

Oral Gift Of Agrarian Land Without Approval U/S 31 Of Agrarian Reforms Act Is Void, Mutation Liable To Be Recast: J&K High Court

In a ruling emphasising the the interplay between the J&K Agrarian Reforms Act, 1976 and the earlier alienation of land Act, the Jammu & Kashmir High Court held that any oral gift of agrarian land, including to close relatives, is impermissible without prior approval from competent authority under Section 31 of the Agrarian Reforms Act.The petitioner had challenged the order passed by...

Eviction Is A Civil Matter, Police Cannot Meddle In Landlord-Tenant Disputes: J&K High Court

Reiterating a foundational principle of law, the High Court of Jammu and Kashmir and Ladakh has held that police have no jurisdiction to intervene in disputes that are purely civil in nature, including those arising between landlord and tenant. Such matters, the Court observed, fall exclusively within the domain of competent civil courts and outside the scope of criminal law...

[Food Safety Act] Timeline For Recommending Grant Of Sanction For Prosecution Mandatory, Non-Compliance Makes It Unsustainable: J&K High Court

The Jammu and Kashmir High Court held that non-compliance of the provision requiring designated officer to make recommendation to the Commissioner Food Safety for accord of sanction for prosecution against the accused persons within time limit renders prosecution unsustainable.The petitioner had challenged the taking of the cognizance by the court after the period of one year after commission...

Statutory Presumption Under NI Act Falls If Complainant Fails To Prove Financial Capacity: J&K High Court

Reaffirming the importance of financial credibility in cheque bounce litigation, the High Court of Jammu and Kashmir and Ladakh has ruled that failure of the complainant to prove financial capacity to extend a large loan can fatally weaken the case, particularly when the accused manages to raise a plausible defence.Justice Rajesh Sekhri, while dismissing a criminal appeal observed that once...

[IPC] No Need To Wait For Proof From Accused To Bring His Case Under Purview Of General Exceptions: J&K High Court

“Once it is clearly discernible from the allegations made in the complaint that the act of the accused falls within the General Exceptions, there is no need to wait for submission of proof on behalf of the accused so as to bring his case within the purview of General Exceptions”, held the High Court of Jammu and Kashmir and Ladakh while quashing a FIR against a group of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up June 2 - June 8, 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...