[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...

CCS (CCA) Rules | Once Delinquent Employee Unequivocally Admits To Charges, Full-Fledged Enquiry Is Not Necessary: J&K High Court

Reinforcing the principle that disciplinary proceedings need not culminate in an elaborate enquiry when the delinquent admits to the charges, the High Court of Jammu & Kashmir and Ladakh has held that once the delinquent employee unequivocally admits to the charges in disciplinary proceedings, a full-fledged enquiry involving oral evidence and cross-examination is not necessary.This...

Jammu & Kashmir And Ladakh High Court Monthly Digest: May 2025

Nominal Index:IRSHAD RASHID SHAH vs UT OF J&K & OTHERS 2025 LiveLaw (JKL) 168Mohd. Ayub vs UT of J&K 2025 LiveLaw (JKL) 169Asif Amin Thokar vs UT of J&K 2025 LiveLaw (JKL) 170Irshad Rashid Shah Vs UT Of J&K 2025 LiveLaw (JKL) 171Jitendra Narayan Tyagi @ Syed Waseem Rizvi vs UT of J&K 2025 LiveLaw (JKL) 172Ashok Kumar Bhagat Vs UT Of J&K 2025 LiveLaw (JKL)...

"Live Provision Of Law Been Left Dead Letter": J&K High Court Expresses Concern Over Vacancy Of AG's Office Rendering S.92 CPC Ineffective

The Jammu and Kashmir High Court has voiced serious concern over the prolonged absence of an Advocate General in the Union Territory, noting that this vacancy has effectively rendered Section 92 of the Code of Civil Procedure, 1908 inoperative, particularly in matters involving charitable and religious institutions.The court raised the concern while hearing a writ petition concerning...

Liquor Trade A Privilege, Cannot Be Projected As Fundamental Right: J&K High Court Upholds Cantt Board's Power To Levy Enhanced License Fee

Reinforcing the regulatory powers of Cantonment Boards, the High Court of Jammu and Kashmir and Ladakh at Srinagar has ruled that the business of selling liquor within cantonment areas is a privilege extended by the State, not a fundamental right.A Division Bench comprising Justices Sanjeev Kumar and Sanjay Parihar upheld the authority of the Srinagar Cantonment Board to enhance license fees...

J&K High Court Grants Extension Of Building Permission Due To Interim Stay Blocking Construction, Says Parties Can't Suffer Due To Court Order

In a case involving delay in construction due to court-ordered stay, Jammu and Kashmir High Court directed the Municipal Committee to extend the previously granted building permission by two more years, allowing the appellants to carry out construction that was earlier stayed due to pending litigation.The appellants had approached the court arguing that the interim stay order dated issued...

J&K High Court Stays Executive Takeover Of Shri Nav Durga Jhaleri Mata Shrine, Appoints Interim Administrator

In a matter concerning the governance of Hindu religious shrines in the Union Territory, the Jammu & Kashmir High Court has stayed the operation of a communication from the Divisional Commissioner which sought to bring the Shri Nav Durga Jhaleri Mata Shrine under the administration of the Shiv Khori Shrine Board until fresh legislation was enacted.The Court was hearing a writ petition...

Writ Petitions Can't Be Withdrawn On A Whim: J&K High Court Rejects Charitable Trust's Plea For Fresh Petition In Amarnath Langer Dispute

In a stern ruling that underscores the sanctity of constitutional litigation, the High Court of Jammu & Kashmir and Ladakh, while rejecting an application seeking withdrawal of a writ petition with liberty to file afresh, held that the jurisdiction exercised under Article 226 of the Constitution is not shackled by procedural technicalities but nor is it an unregulated space for speculative...

Impounding Passport Without Chargesheet Violates Fundamental Rights, Only FIR Does Not Constitute 'Pending Proceedings': J&K High Court

Reaffirming the sanctity of constitutional rights, the High Court of Jammu and Kashmir and Ladakh has ruled that mere registration of a criminal case does not amount to proceedings prescribed under clause (e) of Section 10(3) of the Passports Act. Justice Sindhu Sharma observed that for proceedings to be treated as pending before a criminal court, a chargesheet must be filed, and not merely...

J&K High Court Upholds Detention Of Man Alleged To Be Associated With LeT, Says Detention Justified On Basis Of Conduct

The Jammu & Kashmir High Court upheld a preventive detention order passed under the J&K Public Safety Act (PSA), ruling that the detaining authority's decision was based on application of mind, a reasonable assessment of future threat, and in accordance with constitutional and legal safeguards.A bench of Justice Rajesh Sekhri observed that the grounds of detention, which included...

S.100A Of CPC Overrides Letters Patent, No Further Appeal Lies Against Order Of Single Judge In Appellate Jurisdiction: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held in clear terms that Section 100-A of the Code of Civil Procedure (CPC) has an overriding effect over Clause 12 of the Letters Patent, and bars the maintainability of any further appeal from a judgment passed by a Single Judge in exercise of appellate jurisdiction.The Court ruled that where any appeal from an original or appellate decree...