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 High Court of J & K and Ladakh

NDPS Accused Cannot Manufacture Medical Ground For Bail By Delaying Treatment, Refusing Consent: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has dismissed a bail application filed on medical grounds by an accused in a commercial quantity NDPS case, holding that the statutory conditions under Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 must take precedence over the plea of prolonged incarceration, likely delay in trial, or the medical condition of...

J&K&L High Court Stays FIR Against Woman Booked For Terminating Pregnancy Without Husbands Consent

The High Court of Jammu & Kashmir and Ladakh has stayed the investigation into an FIR registered against a woman and her sister for allegedly terminating a 4–5 month pregnancy without the husband's consent, observing that the police ought to have exercised circumspection and restraint in the matter and that the allegations did not inspire confidence.The Court issued notice to...

Erroneous Exercise Of Power By Revenue Officials Cannot Be Converted Into Criminal Case Without Evidence Of Corrupt Intent: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed a criminal prosecution initiated by the Anti-Corruption Bureau against Revenue Officers and the beneficiaries of certain mutations, holding that the mere circumstance that an order passed by a statutory authority may subsequently be considered erroneous or legally unsustainable would not, by itself, constitute criminal...

Status Quo Violation Must Be Dealt Under Order 39 Rule 2(A) CPC, Not Section 164 BNSS: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has held that a violation of a Civil Court's status quo order must be dealt with under Order 39 Rule 2(A) of the Code of Civil Procedure, 1908, and not by resorting to proceedings under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The Court observed that when possession of a party was protected by an interim order of the Civil...

J&K&L High Court Seeks Admins Response On Concerns Over Proposed Industrial Park In Srinagars Flood Absorption Basin

The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner, Kashmir, to respond to concerns over the proposed industrialisation of the flood-absorption basin at Nowgam, Srinagar. The Court took note of an affidavit filed by the Environmental Policy Group (EPG) raising "certain critical issues" and directed a response within one week.A Division Bench of Chief...

Trial Court Can Consider Cancellation Of Bail Granted By High Court On Ground Of Witness Tampering: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a Trial Court is not precluded from considering an application for cancellation of bail merely because the bail was granted by the High Court.The Court observed that the Trial Court is free to take a view on the aspect of contravention of bail conditions, including tampering with prosecution evidence, on appreciation of the...

Govt Empowered To Appoint Revenue Officers As Competent Authorities Under Migrant Property Act: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has upheld the validity of Notification No. S.O. 144 of 2022 issued by the Government of J&K under clause (b) of Section 2 of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, whereby certain Revenue Authorities were nominated as Competent Authorities to issue orders...

Section 37 NDPS Act Rigours Not Applicable To Limited Cultivation Of Opium Poppy: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed by the Union Territory challenging the bail granted to an accused allegedly involved in cultivation of opium poppy, observing that the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not applicable to the case.The Court found no reason to interfere with the order granting...

Insurer Not Liable For Interest, Penalty Under Employees Compensation Act Unless Policy Specifically Covers It:J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an Insurance Company cannot be held liable to indemnify the insured employer in respect of interest or penalty imposed under Section 4-A of the Employees' Compensation Act, 1923, particularly when the terms of the insurance policy expressly exclude liability for any interest and/or penalty imposed upon the insured on account...

J&K&L High Court Flags Infighting In Jammu Gurdwara Prabandhak Committee, Seeks Details Of District Gurdwaras

The Jammu & Kashmir and Ladakh High Court has sought management and audit details concerning every Gurdwara in Jammu district while examining a dispute among elected office-bearers of the District Gurdwara Prabhandhak Committee, Jammu, after expressing serious concern that the factions were pursuing personal politics at the expense of the statutory body and the Sikh Sangat.The Court...