Jammu & Kashmir And Ladakh High Court Monthly Digest: January 2025

Nominal Index:M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw (JKL) 1M/S SAWALKOTE PROSJEKTU TVIKLING AS (“SPAS") Vs UT Of J&K 2025 LiveLaw (JKL) 2Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw (JKL) 3Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw (JKL) 4Syed Tajamul Bashir Vs Farooq Ahmad Lone 2025 LiveLaw...

Mere Violation Of Departmental Norms Without Dishonest Intention To Obtain Pecuniary Advantage Not Criminal Misconduct: J&K High Court

While quashing the order of framing charges against the petitioners under the Prevention of Corruption Act, the J&K High Court observed that there was no whisper in the chargesheet and no material on record annexed to the chargesheet to even remotely suggest that the petitioner had obtained any pecuniary advantage or a valuable thing, either for themselves or for any other person, even...

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court

While setting aside a detention order, the J&K High Court held that preventive detention cannot be a punitive measure on the apprehension that the detenu is going to go scot-free in pending trials due to lack of support to the prosecution case.A bench of Justice Vinod Chatterji Kaul said that when the thread of connectivity between the last incident and the order of preventive detention...

[S.25 UAPA] Mere Delay In Informing Authorities About Seizure Of Vehicle Allegedly Used In Terrorism Not Fatal To Investigation: J&K High Court

While upholding the order passed by the Trial Court for the seizure of a vehicle allegedly used in terrorism, the J&K High Court has observed that the procedural timeline given to inform the Designated Authority of seizure or attachment within 48 hours is not mandatory under Section 25 of the UAPA.It was also observed that if the Designated Authority fails to make its order within 60 days...

Police Resorted To Public Safety Act For 'Perverted Detention', To Outmanoeuvre Courts: J&K High Court Quashes Preventive Detention Order

While quashing the detention order, the Jammu, Kashmir & Ladakh High Court observed that Sr. Superintendent of Police (SSP), Jammu and the District Magistrate, Jammu had resorted to a dubious exercise of authority and jurisdiction at their respective ends to 'pounce upon' the personal liberty of the petitioner by subjecting him to preventive detention.The said observation was made by the...

Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court

While setting aside an order passed by the trial court, the High Court of Jammu & Kashmir observed that by making observations on the merits of the suit, the trial court had virtually dismissed the suit under the guise of dismissing the application for interim relief, leaving nothing in the suit for determination.Justice Javed Iqbal Wani set aside the order passed by the trial...

Surprising That Probe In NDPS Cases Is Being Entrusted To Incompetent Officers, Casual Approach Undermines Public Faith In Criminal Justice: J&K HC

While upholding the acquittal order passed by the trial court for possessing contraband in commercial quantity, the Jammu, Kashmir & Ladakh High Court observed that the Non-compliance with mandatory provisions, such as proper sampling, immediate reporting and informing the accused of arrest grounds, renders the prosecution's case defective.A bench of Justices Sanjeev Kumar, Mohd Yousuf...

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. In view of such contradiction,...

Limitation Laws Not Meant To Destroy Rights But To Prevent Delay, Every Legal Remedy Must Be Kept Alive Within Legislatively Fixed Period: J&K HC

Reaffirming that the rules of limitation exist not to extinguish legal rights but to ensure timely recourse to justice the Jammu and Kashmir and Ladakh High Court dismissed a Letters Patent Appeal (LPA) challenging an order condoning a delay of over six years in filing a review petition.In dismissing the appeal Justices Sanjeev Kumar and Mohammad Yousuf Wani underscored that every legal...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: January 27 - February 2, 2025

Nominal Index:Sunil Kumar Sharma Vs U.T of J&K 2025 LiveLaw (JKL) 6Mushtaq Ahmad Bhat Vs Sheeraza Akhtar 2025 LiveLaw (JKL) 7Union of India v. M/s Des Raj Nagpal Engineers & Contractors 2025 LiveLaw (JKL) 8Mohammad Amin Sheikh Vs Divisional Commissioner Kashmir, Srinagar 2025 LiveLaw (JKL) 9Kiran Wattal Vs UT Of J&K 2025 LiveLaw (JKL) 10State Of J&K Vs Abrar Ahmad Tantray...

Summons U/S 91 CrPC Cannot Be Issued During Preliminary Verification As It Is Not An 'Investigation': J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that the power under Section 91 of the Code of Criminal Procedure (CrPC) can be invoked only during an inquiry, investigation, or trial, and cannot be exercised at the stage of preliminary verification.In quashing summons issued by the Anti-Corruption Bureau (ACB) to the petitioner, Justice Javed Iqbal Wani observed that a...

Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act

The Jammu and Kashmir and Ladakh High Court has reaffirmed the conviction of a former police constable under Section 3(4) of the Prevention of Terrorism Act, 2002 (POTA), emphasizing that a confession recorded under Section 32 of POTA must be of sterling value and corroborated before it can be relied upon.Shedding light on the mandate of Sec 32 of POTA Justices Sanjeev Kumar and Puneet...