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 High Court of J & K and Ladakh

Inherent Jurisdiction Cannot Circumvent Bar On Second Revision; J&K&L High Court Says 90 Days Reasonable For S.528 BNSS Petitions

The Jammu & Kashmir and Ladakh High Court has held that its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, cannot be invoked to circumvent the statutory bar on a second revision petition.The Court further observed that although Section 528 does not prescribe a limitation period, 90 days should be treated as a reasonable time for filing...

When Can Courts Reopen Evidence Under Section 151 CPC After Trial Closes: J&K&L High Court Explains

The High Court of Jammu & Kashmir and Ladakh has explained that while Order XVIII Rule 17 of the Code of Civil Procedure takes care of a situation where the Court finds it necessary to clarify any doubt about the evidence led by the parties, the said provision cannot be used to enable the parties to recall any witness for further examination-in-chief and cross-examination or to...

Adverse Revenue Entry During Childhood Does Not Automatically Trigger Limitation For Claiming Fathers Property: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that a claim to inherit a father's property cannot be defeated on limitation by mechanically treating an adverse revenue entry made during a person's childhood as sufficient notice of the denial of rights, particularly when the defendants failed to establish when the claim was unequivocally denied.The Court held that a bare...

“Ordinary Criminal Law Sufficient”: J&K High Court Quashes Preventive Detention Of Man Accused In Repeated Livestock Theft Cases

The Jammu & Kashmir and Ladakh High Court has held that repeated involvement in criminal cases, even where the alleged offences extend across multiple districts, does not by itself justify preventive detention unless the activities meet the legal threshold of being prejudicial to public order.Setting aside the detention of one Tariq Ahmad Dar under the Jammu and Kashmir Public Safety...

J&K&L High Court Grants Bail To Man Accused Of Wifes Murder After 11 Years In Jail, Says Speedy Trial Is A Fundamental Right

The Jammu & Kashmir and Ladakh High Court has granted bail to a man facing trial for the alleged murder of his wife, holding that the gravity of the accusation cannot justify prolonged pre-trial incarceration when the trial is unlikely to conclude in the near future.Justice Mohd Yousuf Wani passed the order in the case of Hamid Hussain, who had remained in custody for about eleven years in...

Further Investigation Into Ancillary Terror Links Does Not Render Chargesheet Incomplete For Default Bail Claim: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has upheld the denial of default bail to three accused facing prosecution under the Unlawful Activities (Prevention) Act, 1967 (UAPA), holding that the investigating agency's continued efforts to establish their links with slain or absconding terrorists did not, by itself, render the chargesheet incomplete.A Division Bench comprising Justice...

“Heated Exchanges Common Between Bench & Bar”: J&K&L High Court Quashes Tribunal Order Imposing ₹10K Cost On Senior Advocate

The Jammu & Kashmir and Ladakh High Court has quashed an order of a Tribunal imposing costs of ₹10,000 on a Senior Advocate without affording him an opportunity of being heard, holding that the order was in breach of the principles of natural justice.A Division Bench of Justice Sanjeev Kumar and Justice M.A. Chowdhary observed that disagreements and heated exchanges during arguments...

Allegations Of Anti-Social Activities Cannot Justify Preventive Detention Without Threat To Public Order: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that general allegations of anti-social activities or conduct capable of disturbing the peaceful environment of society cannot, by themselves, provide a lawful basis for preventive detention without specific particulars establishing a threat to public order.Quashing a preventive detention order against Rouf Ahmad Wani, the Court held that...

Repeated Livestock Theft Cases Can Create Fear Psychosis Among Public: J&K&L High Court Upholds PSA Detention

The Jammu & Kashmir and Ladakh High Court has held that repeated involvement in livestock theft cases, even after release on bail, can create a “fear psychosis” among the local population over the safety of their property and disturb public order.Upholding the preventive detention of Tariq Ahmad Dar, who was implicated in 11 FIRs concerning alleged theft of livestock and cattle, the...