Continuous Cause Of Action Permits Amendment Of Plaint Without Fresh Suit: J&K&L High Court Allows Mesne Profits Claim In Ejectment Suit

The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed under Article 227 of the Constitution challenging an order allowing amendment of a plaint in an ejectment suit, holding that the Trial Court was justified in allowing the application under Order VI Rule 17 of the Code of Civil Procedure, 1908, as the trial had not commenced and the proposed amendment arose out of...

Order Modifying Interim Relief In Pending Writ Is Not A "Judgment" Under Clause 12 Letters Patent: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an order modifying an interim direction in a pending writ petition, while keeping the substantive issues open for adjudication, does not constitute a “judgment” within the meaning of Clause 12 of the Letters Patent and is therefore not amenable to an intra-court appeal.A Division Bench comprising Justice Sindhu Sharma and...

Yash Paul Bourney Sworn In As Judge Of Jammu & Kashmir And Ladakh High Court

Senior Judicial Officer Yash Paul Bourney was sworn in as a Judge of the High Court of Jammu & Kashmir and Ladakh at a ceremony held in the Chief Justice's Court at the Srinagar Wing of the High Court on Tuesday.The oath of office was administered by Chief Justice Pushpendra Singh Bhati. The Warrant of Appointment was read out by M.K. Sharma, Registrar General of the High Court of J&K...

J&K&L High Court Allows Termination Of 24-Week Pregnancy Of Minor Rape Survivor, Says Statute Cannot Override Constitutional Protection

The Jammu & Kashmir and Ladakh High Court has held that the mere fact that a pregnancy has crossed the 24-week statutory limit cannot, in the peculiar circumstances of a case, result in denial of constitutional protection to a minor who became pregnant following sexual assault.Justice Wasim Sadiq Nargal made the observation while allowing a petition filed on behalf of an 11-year-old...

Female Senior Residents/Tutors Entitled To Full Pay During Maternity Leave: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a female Senior Resident/Tutor is entitled to full pay and allowances during the period of maternity leave, as well as during the corresponding extension of residency necessitated by such leave.Justice Moksha Khajuria Kazmi, while allowing a petition filed by a Senior Resident of Government Medical College, Jammu, held that the...

J&K&L High Court Quashes Olympic Association Election, Calls Process “Sham" & Orders Fresh Polls

The High Court of Jammu & Kashmir and Ladakh has declared the 2024 election of the Jammu & Kashmir Olympic Association (JKOA) null and void, holding that the election process was conducted in violation of the National Sports Development Code and directing a complete overhaul of the Association's constitution before fresh elections are held.Justice Rahul Bharti held that the JKOA...

'Preventive Detention Cannot Become Dead Letter Due To Admin Inaction': J&K&L High Court Quashes PSA Order Over Inordinate Delay

The High Court of Jammu & Kashmir and Ladakh has quashed a detention order passed under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, holding that the respondents had failed to explain the inordinate delay in executing the order and had not placed on record any material to substantiate their plea that the petitioner was evading execution.The Court observed that the existence...

Mere Membership Of Terrorist Gang Not Enough To Invoke S.20 UAPA; Prosecution Must Prove Terrorist Act: J&K&l High Court

The Jammu & Kashmir and Ladakh High Court has held that mere membership of a terrorist gang or organisation is not sufficient to attract Section 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), observing that the prosecution must place material showing the accused's involvement in or indulgence in a “terrorist act” as contemplated under Section 15 of the Act.Justice...

Personal-Enmity Assaults Are “Law And Order” Issue, Not Grounds For Preventive Detention: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order passed against a Poonch resident, holding that incidents arising out of personal enmity and directed against private individuals constitute a “law and order” issue and cannot, by themselves, furnish grounds for preventive detention.Justice Sanjay Dhar observed that the mere fact that a person is involved...

Bail During Investigation In POCSO Case Where Child Was Assaulted By Uncle Is "Too Premature": J&K&L High Court Cancels Bail

The High Court of Jammu & Kashmir and Ladakh has cancelled bail granted to an accused in a POCSO case, holding that the grant of bail during the investigation was "too premature" where the victim, a minor girl, was allegedly subjected to sexual violence in the house of her close relative by her own maternal uncle.The Court observed that the accused, being the husband of the victim's...

Repeated Post-Release Involvement In Narcotic Offences Justifies Preventive Detention When Ordinary Law Proves Inadequate: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has upheld the preventive detention of a man under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, holding that repeated post-release involvement in narcotic offences justifies preventive detention when the ordinary law of the land proves inadequate.The Court observed that the detaining authority had...

'Special Police Officers' Not Covered Under Article 311 But Entitled To Minimum Safeguards Before Disengagement: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that Special Police Officers (SPOs) engaged under Section 18 of the Jammu and Kashmir Police Act, 1983, are not entitled to the full procedural safeguards available to regular police officers under Article 311 of the Constitution, but are entitled to a minimum safeguard of notice and an opportunity of reply before any stigmatic order...