Supreme Court Collegium Recommends Repatriation Of Justice Atul Sreedharan Back To Madhya Pradesh High Court

The Supreme Court Collegium, during its meeting on March 6, 2025, has recommended the repatriation of Justice Atul Sreedharan, currently serving as a Judge of the High Court of Jammu & Kashmir and Ladakh, to his parent High Court in Madhya Pradesh.Justice Sreedharan was initially appointed as a Judge of the Madhya Pradesh High Court on April 7, 2016. In early 2023, he sought a transfer...

“No Incident Beyond S.107 CrPC Proceedings, Vague Allegations": J&K High Court Quashes Detention Of Alleged Terror Sympathiser

Quashing the preventive detention of one Mohd. Altaf Najar, a B.Tech graduate from Pulwama, detained under the Public Safety Act (PSA) as an alleged terror sympathizer the Jammu and Kashmir and Ladakh High Court found that the detention was based solely on proceedings initiated under Section 107 CrPC, with no concrete incidents or allegations linking the detenue to any terrorist...

Trial Court Has No Inherent Powers To Recall Or Review Its Own Final Order: J&K High Court

The Jammu and Kashmir High Court held that it is not open to the trial court to review its own final orders. The court held that in such cases, the only option available to the aggrieved party is to challenge the said order before the High Court.The court took note of Section 362 of the CrPC, which prohibits a criminal court from altering or reviewing its final orders, except for...

SC Collegium Recommends Appointment Of Three Additional Judges As Permanent Judges For J&K High Court

The Supreme Court Collegium has approved the appointment of three Additional Judges as Permanent Judges of the High Court. The Collegium, in its meeting held on March 5, 2025, passed a resolution confirming the elevation of Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri & Justice Mohammad Yousuf WaniJustice Wasim Sadiq Nargal holds the distinction of being the first Muslim judge from...

EWS Certificate Cannot Be Rejected Based On Mutation Records But Only After Due Inquiry Into Eligibility Criteria: J&K High Court

The Jammu and Kashmir High Court held that the EWS certificate could not be rejected merely by relying on mutation records. The court stated that a due inquiry must be conducted as to the eligibility criteria, wherein the applicant is given the right to a hearing before deciding the said application.Justice Javed Iqbal Wani noted that the mutation records, stating that the ancestral property...

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court

The Jammu and Kashmir High Court held that the prosecution's failure to seek cancellation of bail and instead using preventive detention as a shortcut to put the accused behind bars is not legally sustainable.A bench of Justice Javed Iqbal Wani observed that if the accused, after being released on bail, was involved in acts prejudicial to the state, the prosecution was well within its rights...

Moratorium Period Under IBC Does Not Bar Payment Of Compensation Under NI Act: J&K High Court Orders ₹4 Crore Interim Compensation

The Jammu and Kashmir High Court held that the declaration of a moratorium would not bar the complainant from filing a complaint under the NI Act. The court said that the debtor cannot take refuge under the Code to frustrate proceedings under the NI Act if he is found liable to pay compensation in the proceedings.Justice Puneet Gupta held that Section 14 of the IBC, which places a moratorium...

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court held that the Perpetual Lease Deed, as well as the Byelaws, which provide for the Registrar, Cooperative Societies to be the sole arbitrator for adjudicating disputes between the petitioner and...

'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure (CPC). The Court presided by Justice Javed Iqbal Wani held that the term "any person" in Rule 97(1) is deliberately broad to include all individuals who resist or obstruct possession, empowering executing courts to adjudicate such...

Rigors Of Bail U/S 37 Of NDPS Act Will Not Apply In Cases Of Intermediate Quantity: J&K High Court

The Jammu and Kashmir High Court held that the rigors of bail under the NDPS Act will not apply where the contraband in question is of intermediate quantity. The court observed that the quantity recovered from the accused persons fell within the intermediate category and not the commercial quantity attracting the rigors of Section 37 of the Act.A bench of Justice Javed Iqbal Wani relied...

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court

Underscoring the importance of procedural compliance in narcotics cases, the High Court of Jammu and Kashmir and Ladakh has held that it is not for the accused to prove that seized samples were not in safe custody, rather, the burden lies on the prosecution to establish their safe handling and ensure that tampering was impossible.Allowing a Criminal Conviction Appeal on behalf of the convict...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up February 24 - March 2, 2025

Nominal Index:ABDUL MAJID SOFI vs UT of J&K 2025 LiveLaw (JKL) 55Madan Lal Goria Vs State Bank of India 2025 LiveLaw(JKL) 56FAYAZ AHMAD RATHER vs TARIQ AHMAD WANI 2025 LiveLaw (JKL) 57Kunj Lal Vs UT Of J&K 2025 LiveLaw (JKL) 58Islam Ul Haq Peer vs Union of India 2025 LiveLaw (JKL) 59Sugandha Sawhney Vs Union Of India 2025 LiveLaw (JKL) 60Rajesh Tandon vs Mohd. Safeer 2025 Livelaw...