J&K&L High Court Issues Notice To UT On PIL Alleging Non-Implementation Of Women's Seat Reservation, Safety Measures In Public Transport

The High Court of Jammu & Kashmir and Ladakh has issued notice to the Union Territory administration on a public interest litigation (PIL) alleging non-implementation of mandatory safety measures and seat reservation for women in public transport, despite an existing policy framework.A Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal passed the order of issuing notice...

Illegal Occupation Of Shamilat/Kahcharaie Land Can Never Ripen Into Legal Right: J&K&L High Court

Reiterating that illegal occupation of common village land can never crystallise into a legal right, even where permanent structures have been raised, the High Court of Jammu and Kashmir and Ladakh has held that the law prohibiting encroachment upon Shamilat/Kahcharaie land was firmly in existence much before the 2020 amendment to Section 133(2) of the Land Revenue Act.Upholding this...

J&K&L High Court Grants Bail To Woman In UAPA Case; Says Mere Custody Of Cash Without Intent Doesn't Attract Terror-Funding Offence

Spotlighting the need to distinguish suspicion from culpable intent under anti-terror laws, the High Court of Jammu and Kashmir and Ladakh has held that mere receipt and safe custody of money, without proof of intention or knowledge to further terrorist activities, does not prima facie attract offences under Sections 38 or 40 of the Unlawful Activities (Prevention) Act (UAPA).The Division...

Debarment Cannot Be Lifelong, Penalty Must Be Proportionate: J&K&L High Court Allows Contractor To Seek Fresh Registration

Holding that debarment is never permanent and its duration must depend upon the gravity of the misconduct, the Jammu and Kashmir and Ladakh High Court has ruled that even where a contractor is found guilty of forgery and financial impropriety, punitive action cannot be allowed to operate endlessly. The Court underscored that penalties in contractual matters must remain proportionate,...

Whether Cheque Was Given As Security Or Towards Debt Cannot Be Decided In Quashing Proceedings U/S 482 CrPC: J&K&L High Court

Reiterating the limited scope of inherent powers under Section 482 Cr.P.C., the Jammu & Kashmir and Ladakh High Court has held that the question whether a cheque was issued merely as security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated at the stage of quashing criminal proceedings.A bench of Justice Sanjay Parihar...

Courts Must Be 'Adjudication-Friendly' In Restoration Pleas, Especially When Trial Is Complete: J&K&L High Court

Holding that courts must adopt an adjudication-friendly approach when a suit pending at the stage of final arguments is dismissed for non-prosecution, the Jammu and Kashmir and Ladakh High Court has ruled that applications seeking condonation of delay and restoration should ordinarily be viewed liberally unless the cause shown is a mere attempt to “honeyfuggle the court.”Emphasising...

J&K&L High Court Cautions UT Govt Over Repeated Default In PIL On Grant Of ST Status To 1947 PoJK Displaced Persons

The High Court of Jammu & Kashmir and Ladakh on Monday came down heavily on the Union Territory administration for its continued failure to file a response in a Public Interest Litigation (PIL) raising issues relating to the grant of Scheduled Tribe (ST) status, cautioning that further non-compliance would invite appropriate orders in accordance with law.“… Though, there is hardly...

Writ Jurisdiction Can't Be Denied On 'Disputed Facts' Plea When State Records Prove Illegality: J&K&L High Court

The High Court of Jammu and Kashmir and Ladakh has held that when the State's own official records and admissions establish illegality, the case ceases to be a disputed factual controversy and squarely becomes a matter of constitutional enforcement.The Court made it unequivocally clear that writ jurisdiction under Article 226 cannot be denied merely by raising a technical plea of...

Medical Board Opinion In CAPF Recruitment Is Final, Court Cannot Sit In Appeal Except For Malafides Or Procedural Lapses: J&K&L High Court

Highlighting the limited scope of judicial interference in recruitment matters of the Central Armed Police Forces (CAPFs), the High Court of Jammu & Kashmir and Ladakh has held that the decision of the Review Medical Board is final and cannot be subjected to further review or re-examination by courts, save in exceptional circumstances such as procedural violations or malafides.The...

'Child's Continued Stay in Jail May Prejudice Personality Development': J&K&L High Court Grants Bail To Mother After 12 Years' Custody

The Jammu & Kashmir and Ladakh High Court granted bail to a woman accused in a kidnapping and murder case after she remained in custody for more than twelve years, holding that continued incarceration was unjustified in light of trial delay and the circumstance that her minor child had been living with her inside jail. The Court, while considering the bail application, observed that...

'Transport & Infrastructure Issues Cannot Justify Absence From Duty': J&K&L High Court Declines Plea Of Terminated NHM Worker

Underscoring discipline and accountability in public service, the High Court of Jammu & Kashmir and Ladakh has categorically held that issues relating to transport and infrastructure can never form a justified ground for not attending the duties. The Court made this observation while dismissing a writ petition filed by a contractual Mid-Level Health Provider (MLHP) challenging the...

State Cannot Have 'Win-Win' Situation By Sitting Over Contractors' Dues For Years & Only Paying Principal Amount: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that the State cannot delay payments to contractors for years and yet seek to discharge its obligation by paying only the principal amount, without any consequence.Tailoring its opening to this core principle a bench of Justice Wasim Sadiq Nargal categorically observed that “the State cannot have a 'win-win' situation, where it delays...