[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...

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...