[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court

The Jammu and Kashmir High Court has held that if a trial court does not consider an application for leave to defend a suit filed by the defendant on merits, the impugned judgment and decree become unsustainable in law. The court held that the trial court is legally bound to consider the defence put up by the defendant in the application on its merits, notwithstanding the absence...

Preliminary Inquiry Is Mandatory Before Issuing Process When Accused Resides Beyond Territorial Jurisdiction Of Magistrate: J&K High Court

The Jammu and Kashmir High Court held that it is mandatory to conduct an inquiry before issuing process in a case where the accused is residing outside the jurisdiction of the magistrate court. The court held that in the present case, the Magistrate has not conducted any preliminary enquiry nor any investigation has been directed. The court held the impugned order as not sustainable...

J&K High Court Seeks State Response On Status Of Stamp Duty Exemptions Given To Companies Engaged In Power Development Projects

The Jammu and Kashmir High Court has directed the concerned state authorities to apprise the court about the status of exemption in paying of stamp duty by power project developing companies in J&K, engaged in setting up power projects under any policy. A bench of Justice Rahul Bharti was hearing a writ petition filed by the petitioner, a company engaged in...

[Muslim Law] Daughter As Legal Heir Cannot Be Excluded From Revenue Documents Without Recording Valid Reasons: J&K High Court

The Jammu and Kashmir High Court has held that where a mutation is attested excluding a legal heir without recording the reasons for exclusion, such a mutation can be set aside. It also stated that an invalid mutation of the record can be challenged without any bar concerning the limitation period. The court ruled that the mutation of a record made by the petitioner while excluding his...

Govt Dept Committed Illegality By Withdrawing Posts After Recruitment Had Already Begun: J&K High Court Directs Restoration Of Slots

The Jammu and Kashmir High Court held that a government department would be committing an illegality by usurping the quota meant to be filled by direct recruitment on the basis of merit through promotion. The court ruled that the government officials, in this case, had acted illegally by withdrawing as many as 29 out of 42 referred posts and filling them through promotion after the exam...

If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist

The Jammu and Kashmir High Court has held that acts lacking a causal link with the imperative need to detain are liable to be quashed. Court noted that the allegations against the petitioner referenced old social media posts and news articles without proving an ongoing or imminent threat, rendering the preventive detention unsustainable. The court took note of the other reportings made...

"Informed Of Grounds Of Arrest”: J&K High Court Dismisses Habeas Corpus Plea By Ex-Bar President Mian Qayoom Against Arrest In Murder Case

The Jammu and Kashmir and Ladakh High Court, on Wednesday dismissed the habeas corpus petition filed by former Bar President Mian Abdul Qayoom, challenging his arrest in the high-profile murder case of Advocate Syed Babar Qadri. The court emphasized that the petitioner had been informed of the grounds of his arrest, affirming the procedural compliance by the authorities.While Junking...

Petitioner An Indian Citizen, Needs Legal Representation: J&K High Court Grants Consular Access To Kashmiri Engineer Detained In Saudi Arabia

The Jammu and Kashmir High Court has admitted a writ petition filed by the wife of a detainee and directed the Indian Embassy in Riyadh, Saudi Arabia to file an affidavit regarding the current status of the petitioner who has been detained there under uncertain circumstances. A bench of Justice Rahul Bharti was hearing a writ petition filed by the petitioner who was working as an...

Offence Being Part Of Commercial Transaction Alone Not Enough To Avoid Trial: J&K High Court

Dismissing a petition that sought the quashing of an FIR and charge sheet, the Jammu and Kashmir and Ladakh High Court held that merely because the offence was committed during the course of a commercial transaction, it would not suffice to conclude that the complaint does not warrant a trial. The truthfulness of the allegations in the complaint is to be determined based on the evidence...

Issuance Or Renewal Of Passport Can Be Barred Only After Presenting Of Chargesheet In Criminal Cases: J&K High Court

The Jammu and Kashmir High Court has held that the mere registration of an FIR or a pending investigation will not bar the authority from issuing or renewing the passport of the applicant. The court ruled that the authorities cannot refuse to issue or renew the passport unless the charge sheet is presented in the said case FIR. The court also noted that in the FIR lodged against the...

Offense Of Assaulting Public Servant Not Attracted Unless They Are Acting Lawfully Or Doing Duty Mandated By Law: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that an offence under Section 353 RPC (assault or use of criminal force against a public servant) cannot be made out if the public servant is not acting lawfully or performing a duty imposed by law.A bench of Justice Javed Iqbal Wani explained, “… an act of a public servant which is very contrary of the duties of such public servant...

Building Violations Committed In Broad Daylight Cannot Be Compounded By Tribunal: J&K High Court Upholds Demolition Order

The Jammu and Kashmir High Court has held that unauthorized constructions cannot be validated by paying the compounding fees after such violations, even if a long period has elapsed since those violations. The court said that failure on the part of the competent authorities to act in a timely manner to prevent the violations cannot be a ground to condone these violations. The court...