Discharge In Predicate Offence Does Not Invalidate PMLA Proceedings U/S 3 Of Act: J&K High Court

Upholding the autonomy of proceedings under the Prevention of Money Laundering Act (PMLA), 2002, the Jammu and Kashmir and Ladakh High Court has clarified that a discharge or acquittal in the predicate (scheduled) offence does not automatically invalidate money laundering investigations or summons issued by the Enforcement Directorate (ED).Justice Wasim Sadiq Nargal, while dismissing a...

IT Act | Tax Exemption U/S 10(26) Not Allowed Without Proof Of Living & Earning In Specified Area: J&K High Court

Clarifying the scope of income tax exemption under Section 10(26) of the Income Tax Act, the High Court of Jammu and Kashmir and Ladakh has held that the benefit under this provision is not automatic and can only be claimed when an assessee clearly proves residence in the specified tribal area and demonstrates that the income was actually earned from sources located therein.The Division...

Revenue Officer Has No Jurisdiction Over Urban Residential Property Under J&K Land Revenue Act: High Court Quashes Partition Order

The Jammu & Kashmir High Court has held that urban residential property falls outside the scope of the J&K Land Revenue Act, 1996, and quashed an order passed by a revenue officer attempting to partition such a property.The court was hearing the challenge to the order of District Magistrate wherein it had ordered the partion of the migrant property in favour of respondent which...

J&K High Court Quashes Rape Case Against Man After Seven-Year Relationship; Says Allegations Emerged Only After Marriage Refusal

The Jammu & Kashmir High Court has quashed FIR registered against a man accused of rape and criminal intimidation, citing the delayed complaint and the long-term consensual relationship shared between the parties.The FIR was registered under Sections 376 and 506 of the Ranbir Penal Code (RPC), based on an application filed by the prosecutrix, who claimed that the petitioner had committed...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up May 19 - May 25, 2025

Nominal Index:Sanjeev Gupta Vs Central University of Jammu 2025 LiveLaw (JKL) 195Sarfaraz Ahmad Vs UT Of J&K 2025 LiveLaw (JKL) 196Ravinder Singh & Ors Vs Om Prakash & ors 2025 LiveLaw (JKL) 197Tariq Wali Vs Beenish Aijaz 2025 LiveLaw (JKL) 198Mohd Maqbool Mir Vs Ghulam Ahmad Pahloo 2025 LiveLaw (JKL) 199Ravinder Kumar & Others Vs UT Of J&K 2025 LiveLaw...

Interim Directions Under Order 39 Rule I & II Of CPC Cannot Be Passed Against Non-Parties: J&K High Court

Reinforcing procedural rigour in civil litigation, the High Court of Jammu and Kashmir and Ladakh has ruled that interim directions under Order 39 Rules 1 and 2 of the Civil Procedure Code (CPC) cannot be passed against a person who is not a party to the suit or appeal.“.. there can be no justification for grant of an interim injunction in respect of a claim which is not even projected by...

S.254(3) BNSS | Deferral Of Cross-Examination Must Be Sought Before Defence Strategy Is Exposed, Delay Undermines Purpose: J&K High Court

Shedding light on the Legislative intent behind the provision of allowing the deferment of Cross-examination of a prosecution witness under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the High Court of Jammu & Kashmir and Ladakh has held that an application for deferment of cross-examination of a witness or a set of witnesses must be filed as early as possible but in any case, before...

If Suit Under Order 37 CPC Is Not Tried Following Summary Procedure, It Is Deemed To Proceed As An Ordinary Suit: J&K High Court

“If a suit filed under Order 37 CPC is not tried following its prescribed summary procedure, it is deemed to proceed as an ordinary suit. Consequently, the defendant cannot seek relief under Order 37 (e.g., Rule 4)”, held the High Court of Jammu and Kashmir and Ladakh at Srinagar, while dismissing a petition challenging the execution of an ex parte decree.Specifying the recourse available...

Once Fresh DV & CrPC Proceedings Are Initiated, Lok Adalat Award Becomes Non-Executable For Same Claims: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has held that a party who enters into a compromise and obtains a Lok Adalat award based on that compromise cannot subsequently seek both to enforce that award and to initiate fresh litigation on the same subject matter.“Once fresh proceedings under the Domestic Violence Act and Section 125 CrPC are initiated and interim maintenance is...

Administrative Tribunals Can Only Review Their Decisions Within The Bounds Applicable To Civil Courts Under CPC: J&K High Court

Ruling on the scope of judicial review powers of statutory tribunals, the High Court of Jammu & Kashmir and Ladakh held that a tribunal constituted under the Administrative Tribunals Act can only review its decision within the bounds applicable to a civil court under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure.Justice Moksha Khajuria Kazmi, while dismissing a...

[PITNDPS Act] Accused Must Be Informed Grounds Of Detention Within 5 To 15 Days To Allow Prompt Representation: J&K High Court

Reiterating that procedural safeguards in preventive detention cases must be strictly observed, the High Court of Jammu and Kashmir and Ladakh has quashed the detention of one Sarfaraz Ahmed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act).A bench of Justice Sanjay Dhar underscored that it is “obligatory on the detaining authority...

J&K High Court Orders De-Sealing Of Psychiatry Clinic Citing Procedural Lapses By Authorities, Non-Service Of Notice

The Jammu & Kashmir High Court has ordered the de-sealing of a private psychiatry clinic in RS Pura, Jammu, which had been shut down by the authorities allegedly without prior notice or lawful procedure.The clinic was operating under the name Jai Hind Psychiatry Clinic at Bagga Marh, RS Pura. It was sealed by the Sub-Divisional Magistrate following a communication from the Chief...