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 High Court of J & K and Ladakh

Adult Woman Who Voluntarily Marries Person Of Her Choice Cannot Be Compelled To Return To Parents: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a writ of habeas corpus cannot be issued to compel an adult woman to reside with her parents against her wishes when no illegal or unlawful detention is established.Justice Sanjay Dhar observed that an adult's voluntary and unequivocal decision to accompany her husband has legal recognition, and that a major person cannot be compelled...

CPC | Order Rejecting Application Under Order 9 Rule 9 CPC Appealable Under Order 43: J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that an order rejecting an application under Order IX Rule 9 of the Code of Civil Procedure (CPC) for restoration of a suit dismissed for non-prosecution is appealable under Order XLIII Rule 1(c) CPC.Justice Rajesh Sekhri observed that dismissal of a suit for non-prosecution does not conclusively determine the substantive rights of...

J&K&L High Court Makes AIBE Mandatory For Advocates Enrolled From 2009-10; COP Must Be Submitted Within One Month

The High Court of Jammu & Kashmir and Ladakh has directed advocates enrolled with the Bar Council of Jammu & Kashmir and Ladakh after the academic year 2009-2010 to qualify the All India Bar Examination (AIBE), if they have not already cleared it, while requiring those who have passed the examination to submit their Certificate of Practice within the prescribed period.A...

Person Facing Trial Under UAPA Cannot Seek Removal From Police List Of Over Ground Workers: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a person facing trial in a case alleging involvement in terrorist activities cannot seek removal of his name from a police-maintained list of Over Ground Workers (OGWs) while the criminal proceedings remain pending and his dismissal from government service on national security grounds has not been set aside.Justice Sanjay Dhar...

Adverse Possession Claim Not Contradictory Merely Because Plaintiff Relies On Sale Agreement To Explain Possession: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a plaintiff seeking a declaration of ownership on the basis of adverse possession does not raise contradictory pleas merely by referring to an agreement to sell to explain how possession of the disputed property was originally obtained.Justice Sanjay Dhar observed that where the plaintiff bases the claim of ownership on alleged...

NDPS Act | CDRs Dont Reveal Conversation Contents, Bank Credits Not Clearly Linked To Drug Proceeds: J&K High Court Grants Bail

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused facing trial in a commercial-quantity narcotics case, observing that the absence of any recovery from him, coupled with call detail records that did not reveal the contents of conversations and bank transactions not clearly linked to drug proceeds, weakened the material relied upon to justify his...

Caste Abuse Against Woman Does Not Attract SC/ST Act Merely Because Husband Belongs To SC Community: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that caste-based abuse directed at a woman who does not herself belong to a Scheduled Caste community does not attract the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, merely because her husband belongs to a Scheduled Caste community.Justice Sanjay Dhar further observed that, prima facie,...

J&K High Court Quashes Preventive Detention Order After 2-Year Delay, Says Live & Proximate Link With Past Activities Snapped

The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order holding that the unexplained delay of more than two years in executing the order, despite the petitioner regularly attending trial proceedings, snapped the “live and proximate link” between his alleged past activities and the need for his detention.The Court was hearing a petition challenging a...

Mere Use Of Forged Document Not Offence, Knowledge That It Was Forged Must Be Established: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that mere use of a forged document as genuine does not, by itself, constitute an offence under Section 471 RPC. The prosecution must additionally establish that the accused knew or had reason to believe that the document was forged and used it fraudulently or dishonestly.The Court clarified that the expression “reason to believe”...

Magistrate Cannot Give Criminal Colour To Administrative Dispute Without Following Section 156(3) CrPC Procedure: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a Magistrate cannot convert an administrative dispute into a criminal proceeding by directing registration of an FIR on the basis of an application which does not itself seek registration of an FIR and without following the safeguards governing exercise of power under Section 156(3) CrPC.The Court clarified that where information...