J&K High Court Disposes PIL On Safety Of Judicial Complexes Upon Being Informed Of 'Significant Progress' Made To Improve Security Measures

The High Court of Jammu and Kashmir and Ladakh has disposed of a long-pending Public Interest Litigation (PIL) concerning the security arrangements at judicial complexes across the Union Territories.Acknowledging the extensive measures undertaken to fortify the security infrastructure in both High Court and District Court premises, the bench comprising Chief Justice Tashi Rabstan and...

Section 138 Of NI Act Warrants Strict Construction, Compliance With Proviso Clauses Is A Precondition Before Prosecution: J&K High Court

Quashing multiple complaints filed under Section 138 of the Negotiable Instruments Act, 1881 citing failure to adhere to mandatory conditions laid down in the Act the Jammu and Kashmir and Ladakh High Court has ruled that Section 138 of the Act being penal in nature, indisputably, warrants strict construction, hence making compliance with its proviso clauses (a), (b), and (c) essential...

Ex-Gratia Relief Cannot Replace Court Ordered Compensation: J&K High Court Upholds ₹20 Lakh Compensation For Electrocution Victim

Upholding a writ court judgment directing the Power Development department (PDD) to pay Rs. 20 lakh as compensation to a young electrocution victim the Jammu and Kashmir and Ladakh High Court has reaffirmed that the policy of granting ex-gratia relief cannot preclude courts from awarding appropriate compensation to victims of electrocution.Dismissing an appeal by PDD Justices Rajnesh Oswal...

Evaluating Evidence While Framing Charges Shouldn't Become Mini-Trial: J&K High Court Quashes Corruption Charges Against Ex-JMC Commissioner

Highlighting the principles of law governing the framing of charges in criminal cases the Jammu and Kashmir and Ladakh High Court has reiterated that at the stage of framing of charges, the material to be evaluated by the court is limited to what the prosecution has produced and relied upon.Cautioning against turning this exercise into a "mini trial" to determine the guilt of the accused a...

J&K High Court Stays Suspension of Prominent Hospitals 'Shifa Medical Centre' & 'Florence Hospital' Under AB PMJAY

The Jammu and Kashmir and Ladakh High Court of Jammu & Kashmir and Ladakh has stayed the suspension orders issued against Shifa Medical Centre and Florence Hospital under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PMJAY). The suspensions, imposed by the State Health Agency (SHA) on January 11, 2025, were challenged by both hospitals on the grounds of procedural lapses...

Procedural Delays In Reporting Seizures To Designated Authority Under UAPA Will Not Invalidate Proceedings: J&K High Court

The Jammu & Kashmir and Ladakh High Court has clarified that procedural delays in informing the Designated Authority about seizures under the stringent provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) do not render the proceedings invalid.“The information though required to be communicated within 48 hours of the seizure, the delay, if any, caused will not by itself...

Irregularity & Curable Defect Cannot Be Grounds For Dismissal Of Application U/S 34 Of Arbitration Act: J&K High Court

The Jammu & Kashmir and Ladakh High Court Bench of Justice Sanjeev Kumar and Justice Puneet Gupta held that the failure of the Chief Engineer to sign the pleadings, which were signed by the Garrison Engineer would only be an irregularity and a curable defect and would not entail dismissal of the application filed under Section 34 of the Arbitration Act without providing...

No Appeal Lies Against Compromise Decree, Party May Only Challenge Consent Decree Before Court Which Passed It: J&K High Court

Reaffirming the principle that no appeal lies against a compromise decree the Jammu and Kashmir and Ladakh High Court court has emphasised that a party seeking to avoid such a decree must challenge it before the court that issued it, proving the invalidity of the underlying agreement.Dismissing three connected petitions involving a compromise decree passed by the National Lok Adalat at...

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges

Stressing that bail should not ordinarily be granted in heinous offences like rape or murder once the trial begins, the Jammu and Kashmir and Ladakh High Court refused bail to the accused in a case of rape and abetment to suicide. Justice Sanjay Dhar observed that courts should refrain from granting bail just after framing charges or before the victim is examined, especially in...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 6 - January 12, 2025

Nominal Index [Citations 1 - 5]: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...

J&K High Court Raises Concerns Over Improper Lok Adalat Award, Seeks Explanation From Judicial Officer

The Jammu and Kashmir and Ladakh High Court has sought an explanation from a judicial officer and an advocate involved in a Lok Adalat settlement after it took note of allegations of forgery and improper conduct in the recording of a settlement.While setting aside the award passed by the forum Justice Sanjay Dhar ordered, “.. it is directed that an explanation shall be called by the...

Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr Scam

Underscoring the necessity of the existence of "proceeds of crime" for constituting an offence under the Prevention of Money-Laundering Act, 2002 (PMLA) the Jammu and Kashmir and Ladakh High Court has reiterated that in the absence of such proceeds, no money-laundering offence could arise.Quashing complaints filed under the PMLA in an alleged 250 crore scam Justice Javed Iqbal...