SC Collegium Recommends Appointment Of Three Additional Judges As Permanent Judges For J&K High Court

The Supreme Court Collegium has approved the appointment of three Additional Judges as Permanent Judges of the High Court. The Collegium, in its meeting held on March 5, 2025, passed a resolution confirming the elevation of Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri & Justice Mohammad Yousuf WaniJustice Wasim Sadiq Nargal holds the distinction of being the first Muslim judge from...

EWS Certificate Cannot Be Rejected Based On Mutation Records But Only After Due Inquiry Into Eligibility Criteria: J&K High Court

The Jammu and Kashmir High Court held that the EWS certificate could not be rejected merely by relying on mutation records. The court stated that a due inquiry must be conducted as to the eligibility criteria, wherein the applicant is given the right to a hearing before deciding the said application.Justice Javed Iqbal Wani noted that the mutation records, stating that the ancestral property...

Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court

The Jammu and Kashmir High Court held that the prosecution's failure to seek cancellation of bail and instead using preventive detention as a shortcut to put the accused behind bars is not legally sustainable.A bench of Justice Javed Iqbal Wani observed that if the accused, after being released on bail, was involved in acts prejudicial to the state, the prosecution was well within its rights...

Moratorium Period Under IBC Does Not Bar Payment Of Compensation Under NI Act: J&K High Court Orders ₹4 Crore Interim Compensation

The Jammu and Kashmir High Court held that the declaration of a moratorium would not bar the complainant from filing a complaint under the NI Act. The court said that the debtor cannot take refuge under the Code to frustrate proceedings under the NI Act if he is found liable to pay compensation in the proceedings.Justice Puneet Gupta held that Section 14 of the IBC, which places a moratorium...

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court held that the Perpetual Lease Deed, as well as the Byelaws, which provide for the Registrar, Cooperative Societies to be the sole arbitrator for adjudicating disputes between the petitioner and...

'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure (CPC). The Court presided by Justice Javed Iqbal Wani held that the term "any person" in Rule 97(1) is deliberately broad to include all individuals who resist or obstruct possession, empowering executing courts to adjudicate such...

Rigors Of Bail U/S 37 Of NDPS Act Will Not Apply In Cases Of Intermediate Quantity: J&K High Court

The Jammu and Kashmir High Court held that the rigors of bail under the NDPS Act will not apply where the contraband in question is of intermediate quantity. The court observed that the quantity recovered from the accused persons fell within the intermediate category and not the commercial quantity attracting the rigors of Section 37 of the Act.A bench of Justice Javed Iqbal Wani relied...

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court

Underscoring the importance of procedural compliance in narcotics cases, the High Court of Jammu and Kashmir and Ladakh has held that it is not for the accused to prove that seized samples were not in safe custody, rather, the burden lies on the prosecution to establish their safe handling and ensure that tampering was impossible.Allowing a Criminal Conviction Appeal on behalf of the convict...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up February 24 - March 2, 2025

Nominal Index:ABDUL MAJID SOFI vs UT of J&K 2025 LiveLaw (JKL) 55Madan Lal Goria Vs State Bank of India 2025 LiveLaw(JKL) 56FAYAZ AHMAD RATHER vs TARIQ AHMAD WANI 2025 LiveLaw (JKL) 57Kunj Lal Vs UT Of J&K 2025 LiveLaw (JKL) 58Islam Ul Haq Peer vs Union of India 2025 LiveLaw (JKL) 59Sugandha Sawhney Vs Union Of India 2025 LiveLaw (JKL) 60Rajesh Tandon vs Mohd. Safeer 2025 Livelaw...

Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim

The Jammu and Kashmir High Court has allowed the termination of the 28–29-week fetus of a sexual assault victim through the applicable medical intervention. The court recognized the severe mental trauma suffered by the victim and her inability to comprehend or cope with childbirth.The court observed that the right to life guarantees a life free from mental trauma. The court stated that it...

J&K High Court Introduces Updated Guidelines For Protection Of Vulnerable Witnesses, Emphasises Age-Appropriate Questioning & Video Testimony

The Chief Justice of the Jammu & Kashmir High Court has approved updated guidelines on how the testimony of protected witnesses should be recorded in court. The new rules aim to create a safer environment for witnesses who may feel intimidated while giving evidence in court.According to the notification issued by the Registrar General, these updated guidelines apply to children, people...

"Sordid State Of Affairs": J&K High Court Reprimands Govt Officials For Taking 7 Months For Obtaining Sanction To File Appeal

The Jammu and Kashmir High Court while dismissing an appeal, reprimanded government officials for preferring the appeal after a long period of delay. The court said that no clear reasons for filing the appeal after a prolonged period were forthcoming from the application for condonation of delay.The court expressed its anguish over the casual manner in which the application was filed...