Courts Cannot Segregate Components Of Composite Contracts To Enforce MSMED Act Compliance: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that it is impermissible for a court to sever or separate the various components of a composite “Supply-Installation-Testing” (SIT) contract solely to ensure compliance with the MSMED Act or the Public Procurement Policy of 2012.The High Court observed that tender formulation and contract design fall exclusively within the...

J&K&L High Court Puts Govt On Final Notice, Grants 4 Weeks To Decide On Ex-Legislators Occupying Govt Quarters Despite Demitting Office

Aiming a fast tracking action on the long pending issue of Government accommodations occupied by high-profile political figures, the High Court of Jammu & Kashmir and Ladakh has granted the Estates Department a last and final extension of four weeks to act on the recommendations of the Designated Committee relating to the official quarters of former Chief Minister Ghulam Nabi Azad and...

Offences Under Drugs & Cosmetics Act Punishable Up To Three Years Triable By Specially Empowered Magistrate: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an offence punishable with imprisonment of up to three years under the Drugs and Cosmetics Act is triable by a Judicial Magistrate of the First Class specially empowered by the Government.The Court was hearing a petition challenging the maintainability of a complaint under Sections 18(a)(i) and 27(d) of the Act before the...

J&K&L High Court Grants Bail In NDPS Case; Says Single-Tested Bottle Cannot Represent Entire Recovery Without Batch-Level Uniformity

The High Court of Jammu & Kashmir and Ladakh has held that when the seizure memo does not mention the batch number or composition of multiple recovered bottles of a pharmaceutical preparation, a single tested bottle cannot be presumed to represent the contents of all bottles.The Court observed that the prosecution must demonstrate uniformity across bottles before relying on...

'Prior Hearing Mandatory': J&K&L High Court Sets Aside Bank's Fraud Declaration Against Borrower

The High Court of Jammu & Kashmir and Ladakh has set aside a communication declaring a borrower's account as “fraud”, holding that the declaration was issued without providing the mandatory opportunity of hearing.The Court observed that the requirement of issuing a prior notice before classifying an account as fraud forms an integral part of the principles of natural justice, and...

Rejection Of Plaint Is “Digression” From Normal Adjudication, Not Routine Option: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure is not a default or routine step in civil adjudication, but a “digression” which courts should resort to only when the plaint, by its own deficiencies, invites such rejection.Terming the exercise of rejection of a plaint in terms of Order VII Rule 11 of...

'Fall Of Woman's Headgear Due To Use Of Force Without Any Intention Does Not Amount To Outraging Modesty': J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that the falling of a woman's headgear on account of the use of force does not amount to outraging her modesty. It observed that mere use of criminal force or assault on a woman, without any intention to outrage her modesty, does not constitute an offence under Section 354 of the Indian Penal Code. The Court clarified that intent to...

Magistrate Cannot Issue Warrant When Respondent Skips Appearance In DV Act Case After Summons: J&K&L High Court

Holding that coercive processes like arrest warrants have no place in proceedings under Section 12 of the Domestic Violence Act unless a distinct offence under the Act is alleged, the Jammu & Kashmir and Ladakh High Court has ruled that once a respondent has been duly served with summons but fails to appear, the Magistrate is empowered only to proceed ex parte and cannot resort to...

'Taunts Over Childlessness Not Abetment; Contemporary Woman More Resilient': J&K&L Acquits Husband, In-Laws In Wife's Suicide Case

The High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a husband and his parents, accused of abetting the suicide of a woman who was allegedly harassed over her inability to conceive a child after five years of marriage.The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar dismissed the State's criminal appeal against the trial court order, observing that...

Departmental Proceedings Need Not Be Stayed Merely Because Criminal Case Is Pending Unless Prejudice Is Shown: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that departmental proceedings cannot be halted merely because a criminal case is pending on the same allegations.The High Court clarified that a stay is justified only where the criminal case is of a grave nature involving complicated questions of fact and law, and where continuation of disciplinary action would prejudice the...

Courts Can't Interfere In Court-Martial Merely On Compassionate Grounds If Proceedings Not Irregular: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that courts cannot interfere with court-martial proceedings merely on grounds of compassion or if the punishment appears excessive, provided the proceedings are conducted in strict conformity with law.A Division Bench of Justices Sanjeev Kumar and Sanjay Parihar set aside an Armed Forces Tribunal (AFT) order that had modified the...

Claims Under 'Roshni Act' Void Ab-Initio, Any Vesting Of Ownership Rights Extinguished From Inception: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001 (“Roshni Act”) having been declared unconstitutional, contrary to law, and void ab initio cannot form the basis of any legal right, title, or claim. The Court ruled that all actions, applications, and entitlements sought under the Roshni Act stand...