Kahcharai Land Is State Property, No Individual Right To Claim Compensation For Its Acquisition For Public Purpose: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that kahcharai land, being State-owned land reserved for common and community use, does not confer any individual proprietary interest, and compensation for its acquisition is payable to the concerned Panchayat for the welfare of the local community, not to private individuals.The Court dismissed a writ petition seeking compensation...

Failure Of Bail Cancellation Followed By Preventive Detention Is 'Antithetical'; J&K&L High Court Quashes PIT-NDPS Detention

Holding that preventive detention cannot be sustained where the detaining authority is kept unaware that the prosecution had already failed in its attempt to secure cancellation of the detenue's bail, the High Court of Jammu & Kashmir and Ladakh has observed that a situation where cancellation of bail does not succeed but the person is thereafter subjected to preventive detention custody...

Love Affair, Not Statutory Rape: J&K&L High Court Acquits Man After Finding Prosecutrix's Minority Not Proved

The High Court of Jammu & Kashmir and Ladakh has set aside the conviction of a man under Section 376 of the Ranbir Penal Code for alleged statutory rape, holding that the prosecution failed to prove beyond reasonable doubt that the prosecutrix was a minor on the date of the occurrence.The Court noted that the school certificate relied upon by the trial court had no probative value because...

Mere Receipt Of Money Without Evidence Of Utilisation For Financing Illicit Trafficking Does Not Attract S.27A NDPS Act: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has set aside an order cancelling bail granted to an accused facing trial under the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that the concept of “financing illicit traffic” under Section 27-A is distinct from merely receiving consideration for the sale of narcotic substances.The Court observed that financing...

High Court Cannot Conduct Enquiry Into Whether Building Deviations Are Minor Or Major; Remedy Lies Before Special Tribunal: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has dismissed a writ petition challenging a revised building permission order issued by the Srinagar Municipal Corporation regularizing alleged deviations in construction, holding that the High Court does not have any mechanism or yardstick to conduct a roving enquiry into the question whether a deviation is minor or major in nature.The...

Contractual Professionals Not Entitled To Remuneration Beyond Contract Period Without Proof Of Work Performed: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has set aside a writ Court order directing payment of remuneration to contractual professionals engaged for preparation of zonal plans, holding that the respondents miserably failed to demonstrate that they performed any duties beyond the period of their contract.The Court observed that the experience certificates were issued by the very...

Mere Assertion That Accused Opted For Search Before Gazetted Officer Does Not Establish Compliance With S.50 NDPS Act: J&K&L High Court

Holding that mere assertion that an accused opted to be searched before a Gazetted Officer does not by itself establish compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court of Jammu & Kashmir and Ladakh has observed that the prosecution must further prove through consistent and reliable evidence that the search was actually conducted before...

Land Revenue Act | Revisional Powers U/S 15 Must Be Exercised Within Reasonable Time; Unexplained 20-Year Delay Impermissible: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed an order passed by the Financial Commissioner (Revenue) setting aside a mutation attested in the year 2004, holding that the revision petition filed in 2021 after a lapse of nearly twenty years was barred by unreasonable delay.Expounding on the mandate of Section 15 of the Land Revenue Act the Court reiterated that revisional...

Disability Developed After 14 Years Of Army Service Presumed Attributable To Service Absent Cogent Rebuttal: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court upheld an order of the Armed Forces Tribunal granting disability element of pension to Army personnel after observing that the disability had developed during service after more than fourteen years of enrolment and that the subsequent denial of attributability lacked adequate reasoning.The Court was hearing a writ petition filed by the Union of...

J&K&L High Court Quashes FIR Over Alleged Encroachment On Evacuee Property, Says Cognisance Barred Without Complaint By Competent Authority

The Jammu and Kashmir and Ladakh High Court has quashed an FIR and all consequential proceedings against few persons who were charged under Sections 447 and 186 of the Indian Penal Code and Section 18 of the J&K State Evacuees (Administration of Property) Act, Svt. 2006, holding that the Trial Court had no jurisdiction to take cognizance of the said offences on the basis of a police report...

Food Sample Can Be Referred To Referral Laboratory Without Prior Hearing If Designated Officer Records Reasons: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that where a Designated Officer records reasons showing that an initial food analysis report is incomplete or erroneous due to omission of crucial safety parameters, the sample can validly be referred to a Referral Laboratory under Rule 2.4.3 of the Food Safety and Standards Rules, 2011, and no prior hearing to the food business operator...

Mere Mention Of Word 'Dead' In Small Font Against Party's Name Doesn't Satisfy Duty To Inform Under Order 22 Rule 10-A CPC: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that merely mentioning the word “dead” against the name of a deceased respondent in a small font, without specifying the date of death, does not amount to compliance with the obligation cast upon counsel under Rule 10-A of Order XXII of the Code of Civil Procedure, 1908.The Court observed that such conduct reflected a...