'No Objection' For Issuance Of Passport To Accused Can Only Be Granted By Court Before Which Criminal Proceedings Are Pending: J&K High Court

The Jammu and Kashmir High Court held that the person against whom the criminal proceedings are pending can be granted passport if the concerned criminal court grants the 'no-objection' for the issuance of the passport as per the provisions of the act.The petitioner had approached the passport office for the renewal of his passport, which came to be rejected on the ground that there was...

Jammu & Kashmir And Ladakh High Court Quarterly Digest: January To March 2025

Nominal Index:M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw (JKL) 1M/S SAWALKOTE PROSJEKTU TVIKLING AS (“SPAS") Vs UT Of J&K 2025 LiveLaw (JKL) 2Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw (JKL) 3Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw (JKL) 4Syed Tajamul Bashir Vs Farooq Ahmad Lone 2025 LiveLaw...

Centre Notifies Appointment Of Justice Arun Palli As Chief Justice Of J&K And Ladakh High Court

The Central Government on Saturday (April 12) notified the appointment of Justice Arun Palli as Chief Justice of High Court of Jammu and Kashmir and Ladakh. Union Law Minister Arjun Ram Meghwal took to 'X' regarding the appointment Justice Arun Palli. "In exercise of the power conferred by the Constitution of India, the Hon'ble President of India, after consultation with Hon'ble Chief Justice...

Contraband Recovered Individually From Accused Persons Travelling Together Has To Be Considered Separately At Stage Of Bail: J&K High Court

The Jammu and Kashmir High Court held that contraband recovered from accused persons individually, even when they are travelling together, has to be considered separately for each accused for the purpose for the bail.It was the case of the prosecution that both of the accused persons, who were carrying the banned contraband had acted under common intention to commit the offence and the...

Courts' Legitimacy Must Be Established On Reasons: J&K High Court Recommends Refresher Course For Judicial Officer Over Unreasoned Order

Reasserting the fundamental principle that judicial legitimacy flows from reasoned decision-making, the High Court of Jammu and Kashmir and Ladakh has come down heavily on a trial court judge for passing a cryptic, unreasoned order under Section 151 of the Civil Procedure Code (CPC). Justice Vinod Chatterji Koul not only set aside the impugned order but also directed that the concerned...

Daughter Not Suffering From Any Physical Or Mental Abnormality Cannot Claim Maintenance From Father: J&K High Court

The Jammu and Kashmir High Court unburdened the liability fastened upon a father by virtue of a maintenance order passed under section 488 of the erstwhile Jammu and Kashmir CrPC Act by the trial magistrate ordering him to pay maintenance to his major able-bodied daughters six years ago.The court held that two unmarried major daughters who were able-bodied and did not suffer from any physical...

Incomplete Disclosure Of Material Facts To Superintendent Of Police Not Strict Compliance With S.154 CrPC: J&K High Court

The Jammu and Kashmir High Court has held that not disclosing the material facts to the superintendent of police or annexing the duly sworn affidavit of the person who had made an oral complaint does not demonstrate strict compliance with section 154 CrPC for the purpose of invoking the jurisdiction of the court under section 156(3) CrPC.The petitioner had challenged the order passed by...

Mere Existence Of Civil Remedy For Breach Of Contract No Grounds To Quash Cheating Case In Absence Of Mala Fides: J&K High Court

The Jammu & Kashmir and Ladakh High Court has reiterated that the presence of a civil remedy does not, by itself, justify quashing of criminal proceedings unless the allegations in the complaint fail to disclose an offence or the proceedings are found to be malicious.“.. mere fact that complaint relates to a commercial transaction or breach of contract, for which a civil remedy...

Questions On Whether Infrastructural Project Would Be Technically Feasible Or Serve Larger Public Interest Are Beyond Scope Of Judicial Review: J&K HC

The Jammu and Kashmir High Court held that merits of the contention raised by the petitioner as to the feasibility or viability of the infrastructural project by the government cannot be looked into by this court as it is not an appellate authority over the expert decisions regarding the project costs, provisions for entry/exit points, safety, technical feasibility of the project, and the...

Non-Disclosure Of Confidential Intel In Public Interest Doesn't Violate Detenu's Rights: J&K High Court Upholds Detention Order

The Jammu & Kashmir and Ladakh High Court on Monday dismissed a habeas corpus petition challenging the preventive detention under the Public Safety Act (PSA), observing that not furnishing confidential information to the detenu, which would have been against public interest, cannot be construed as a violation of constitutional or statutory rights.Justice Sanjay Dhar upheld the...

Justice Sanjeev Kumar Appointed As Acting Chief Justice Of J&K And Ladakh High Court

The President of India has appointed Justice Sanjeev Kumar, senior-most Judge of the High Court of Jammu and Kashmir and Ladakh as Acting Chief Justice with effect from 10 April 2025. Chief Justice Tashi Rabstan will retire on 9 April 2025.The notification issued in this regard reads thus, “In exercise of the power conferred by Article 223 of the Constitution of India, the President is...

J&K High Court Notifies Video Conferencing (Nyaya Shruti) Rules 2025 To Eliminate Delays In Court Proceedings

In a major leap towards digitizing the judicial process, the High Court of Jammu & Kashmir and Ladakh has notified the "Video Conferencing (Nyaya Shruti) Rules, 2025", revolutionizing the way trials, inquiries, and other judicial proceedings will be conducted in the Union Territories.The notification, issued by the High Court through its Registrar General Shahzad Azeem formalizes...