[S.219 CrPC] Joinder Of Charges Will Not Apply In Case Of Dishonored Cheques Where Consolidated Demand Notice Is Given By Complainant: J&K High Court

The Jammu and Kashmir High Court has held that a single complaint for multiple dishonoured cheques is maintainable if a consolidated legal notice was issued and the cause of action arises from a single transaction. The court held that a single cause of action arose for all four cheques in favor of the respondent for filing a complaint against the petitioner upon the expiry of fifteen days...

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

While dismissing a writ petition filed by a compulsorily retired State Bank of India (SBI) employee, the Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹25,000 for concealing crucial facts with the intent to deceive the Court regarding its territorial jurisdiction.Rejecting his petition Justice Wasim Sadiq Nargal not only denied relief to the petitioner but also underscored...

'Reprehensible Conduct': J&K High Court Directs Criminal Proceedings Against Dy Commissioner, Ganderbal For Filing False Pleadings Before Court

The Jammu and Kashmir High Court has directed that appropriate criminal proceedings should be initiated against the former Deputy Commissioner, Ganderbal for having filed a false pleading before the learned District Judge.The court observed that this conduct of a responsible officer of the Government is reprehensible and shows that the said officer has no respect for the rule of law. The...

[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court

The Jammu and Kashmir High Court has held that if a trial court does not consider an application for leave to defend a suit filed by the defendant on merits, the impugned judgment and decree become unsustainable in law. The court held that the trial court is legally bound to consider the defence put up by the defendant in the application on its merits, notwithstanding the absence...

Preliminary Inquiry Is Mandatory Before Issuing Process When Accused Resides Beyond Territorial Jurisdiction Of Magistrate: J&K High Court

The Jammu and Kashmir High Court held that it is mandatory to conduct an inquiry before issuing process in a case where the accused is residing outside the jurisdiction of the magistrate court. The court held that in the present case, the Magistrate has not conducted any preliminary enquiry nor any investigation has been directed. The court held the impugned order as not sustainable...

J&K High Court Seeks State Response On Status Of Stamp Duty Exemptions Given To Companies Engaged In Power Development Projects

The Jammu and Kashmir High Court has directed the concerned state authorities to apprise the court about the status of exemption in paying of stamp duty by power project developing companies in J&K, engaged in setting up power projects under any policy. A bench of Justice Rahul Bharti was hearing a writ petition filed by the petitioner, a company engaged in...

[Muslim Law] Daughter As Legal Heir Cannot Be Excluded From Revenue Documents Without Recording Valid Reasons: J&K High Court

The Jammu and Kashmir High Court has held that where a mutation is attested excluding a legal heir without recording the reasons for exclusion, such a mutation can be set aside. It also stated that an invalid mutation of the record can be challenged without any bar concerning the limitation period. The court ruled that the mutation of a record made by the petitioner while excluding his...

Govt Dept Committed Illegality By Withdrawing Posts After Recruitment Had Already Begun: J&K High Court Directs Restoration Of Slots

The Jammu and Kashmir High Court held that a government department would be committing an illegality by usurping the quota meant to be filled by direct recruitment on the basis of merit through promotion. The court ruled that the government officials, in this case, had acted illegally by withdrawing as many as 29 out of 42 referred posts and filling them through promotion after the exam...

If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist

The Jammu and Kashmir High Court has held that acts lacking a causal link with the imperative need to detain are liable to be quashed. Court noted that the allegations against the petitioner referenced old social media posts and news articles without proving an ongoing or imminent threat, rendering the preventive detention unsustainable. The court took note of the other reportings made...

"Informed Of Grounds Of Arrest”: J&K High Court Dismisses Habeas Corpus Plea By Ex-Bar President Mian Qayoom Against Arrest In Murder Case

The Jammu and Kashmir and Ladakh High Court, on Wednesday dismissed the habeas corpus petition filed by former Bar President Mian Abdul Qayoom, challenging his arrest in the high-profile murder case of Advocate Syed Babar Qadri. The court emphasized that the petitioner had been informed of the grounds of his arrest, affirming the procedural compliance by the authorities.While Junking...

Petitioner An Indian Citizen, Needs Legal Representation: J&K High Court Grants Consular Access To Kashmiri Engineer Detained In Saudi Arabia

The Jammu and Kashmir High Court has admitted a writ petition filed by the wife of a detainee and directed the Indian Embassy in Riyadh, Saudi Arabia to file an affidavit regarding the current status of the petitioner who has been detained there under uncertain circumstances. A bench of Justice Rahul Bharti was hearing a writ petition filed by the petitioner who was working as an...

Offence Being Part Of Commercial Transaction Alone Not Enough To Avoid Trial: J&K High Court

Dismissing a petition that sought the quashing of an FIR and charge sheet, the Jammu and Kashmir and Ladakh High Court held that merely because the offence was committed during the course of a commercial transaction, it would not suffice to conclude that the complaint does not warrant a trial. The truthfulness of the allegations in the complaint is to be determined based on the evidence...