High Court of J & K and Ladakh
J&K High Court Resolves Arbitrator Fee Stalemate, Directs Centre To Deposit Fee As Per 4th Schedule Arbitration Act
In an order addressing the long-pending stalemate in an arbitration matter, the Jammu and Kashmir High Court directed the Union of India to deposit the arbitrator's fee as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996, enabling the pronouncement of the arbitral award.The issue before the court was whether a government-prescribed internal fee structure for...
'Cannot Be Declared Medically Unfit Solely On Basis Of Birthmark' J&K High Court Quashes Rejection of CAPF Aspirant
The High Court of Jammu and Kashmir and Ladakh at Jammu has quashed the medical rejection of a CAPF aspirant declared unfit due to a congenital birthmark.A bench of Justice M. A Chowdhary emphasised that congenital conditions like 'Port Wine Stain' cannot, by themselves, be grounds for medical disqualification unless accompanied by concrete medical reasoning demonstrating...
Alibi Cannot Be Tested At Stage Of Framing Charges: J&K High Court Declines To Quash Chargesheet In Assault Case
The Jammu & Kashmir High Court has dismissed a petition seeking quashing of a charge sheet filed against several individuals accused of carrying out a violent attack using deadly weapons, holding that the plea of alibi raised by the accused cannot be tested in a pre-trial stage under the guise of a quashing petition.The petitioners had urged the Court to quash the charge sheet on the...
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...