When Status Quo Order Is Passed Over Possession Of Suit Property, Party In Possession Can Raise Construction On Their Share: J&K High Court

The Jammu and Kashmir Highcourt held that where the status quo order passed by the court is qualified by the word "possession" and not a blanket status quo order, there is no restraint on the parties to the suit on raising construction on the portion of property which is in their respective possession.The petitioner had challenged the order passed by the trial court allowing the respondent...

CPC | “Sufficient Grounds” Under Order 23 Rule 1(3)(b) Grants Court Wide Discretion To Permit Withdrawal & Filing Of Fresh Suit: J&K High Court

Clarifying the scope of “sufficient grounds” under Order 23 Rule 1(3)(b) of the Civil Procedure Code (CPC), the High Court of Jammu and Kashmir and Ladakh has held that the expression grants wide judicial discretion to trial courts to permit withdrawal of a suit with liberty to institute a fresh one.“… This expression has to be given wide connotation and it cannot be given a...

Breach Of Fiduciary Trust By Manager Cannot Be Taken Lightly: J&K High Court Denies Bail in ₹71 Lakh Embezzlement Case

Taking strong exception to the alleged abuse of fiduciary trust, the High Court of Jammu & Kashmir and Ladakh has refused to grant anticipatory bail to a petrol pump manager accused of defrauding his employer of over ₹71 lakh.Justice Sanjay Dhar observed that when a manager, taking advantage of the trust reposed in him by his employer, proceeds to commit breach of such trust, the...

Consumer Compensation Or Replacement U/S 14 Of Consumer Protection Act Requires Conclusive Proof Of Deficient Service: J&K High Court

Reinforcing a critical principle under consumer law, the High Court of Jammu & Kashmir and Ladakh has held that for an award of compensation or replacement of goods under Section 14 of the Consumer Protection Act, 1986, it must be conclusively established that the service provider was negligent or deficient in service.The Division Bench of Justice Sindhu Sharma and Justice Vinod...

Jammu & Kashmir High Court Quashes Seniority Benefits For Rehbar-E-Taleem Teachers Prior To Regularization Of Services

The Jammu and Kashmir and Ladakh High Court has held that seniority of ReT (Rehbar-E-Taleem) teachers must be reckoned from the date of appointment as a general line teacher and the pre-regularization period of five years will not be included for the purpose of fixing seniority.The appellants had challenged the government order whereby the period of service of ReT teachers prior to...

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...