Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 10 - March 17, 2025

Nominal Index:Mohammad Jamal Sheikh Vs UT Of J&K 2025 LiveLaw (JKL) 78Executive Engineer And Ors. Vs Ghulam Mohideen Tantray 2025 Livelaw(JKL) 79Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 80Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 81Damni Rajrah & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 82Mohammad Abass Magray vs Union Territory of J&K 2025 Livelaw...

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. Brief Facts: The matter pertained to a judgment issued by the Principal District Judge, Jammu. The trial...

EWS Reservation Can't Be Claimed By Those Already Holding Reserved Category: J&K HC Cancels MBBS Admission Secured Under Misrepresented EWS Status

The High Court of Jammu & Kashmir and Ladakh has ruled that an individual seeking to claim reservation under the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA), or any other similar categories.Citing Section 2(o) of the J&K Reservation Act along with...

J&K Police Rules | SPOs Entitled To Same Protections as Regular Police Officers, Cannot Be Disengaged Without Due Process: High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that Special Police Officers (SPOs) enjoy the same protections as regular police officers and cannot be disengaged from service without being provided a reasonable opportunity to show cause and meet the charges levelled against them.A bench of Justice Rajesh Sekhri, emphasized the importance of adhering to the principles of...

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code (CPC) can only be appointed when the evidence before the trial court is inconclusive and requires clarification.Justice Rajnesh Oswal set aside an order of the Municipal Magistrate, Jammu, which had appointed a Tehsildar as Commissioner...

J&K High Court Cautions Tourism Minister Of Contempt Action If Delay Is Caused In Complying With Orders For Paying Dues Of Deceased Contractor

The Jammu and Kashmir High Court has warned the state tourism minister of being held in contempt of court if he causes any delay in the compliance of the court orders, whereby the court had imposed exemplary costs of Rs. 9 lakhs on the contemnors apart from just dues payable to the deceased petitioner for the work carried out in 2015.The counsel for the contemnors informed the court that...

Central Govt Notifies Transfer Of Justice Atul Sreedharan From J&K High Court To Madhya Pradesh High Court

The Central Government has officially notified the transfer of Justice Atul Sreedharan from the High Court of Jammu & Kashmir and Ladakh back to his parent Madhya Pradesh High Court. The notification, issued on March 13, 2025, states that the transfer has been made under Article 222(1) of the Constitution of India, following consultation with the Chief Justice of India.With this...

Magistrate Can Take Cognizance Under Drugs & Cosmetics Act But Trial Must Be Conducted By Sessions Court: J&K High Court

Setting aside the proceedings against two pharmaceutical companies accused of manufacturing and marketing substandard drugs the Jammu and Kashmir and Ladakh High Court has clarified that while the trial of offences under Chapter IV of the Drugs and Cosmetics Act must be conducted by a Court of Sessions, there is no bar on a Magistrate taking cognizance of such offences.However, Justice...

“Judicial Restraint Essential In Public Tender Disputes”: J&K High Court Quashes Injunction Against AAI's Debarment Order

Stressing the need for judicial restraint in matters involving public tenders and contractual integrity, the Jammu and Kashmir and Ladakh High Court has quashed an interim injunction that had stayed the Airports Authority of India's (AAI) debarment order against M/s Saptagiri Restaurant Pvt. Ltd. (SRPL).Justice Vinod Chatterji Koul ruled that courts must refrain from interfering with...

Magistrate Cannot Switch Back To Pre-Cognizance Stage U/S 156 CrPC After Initiating Complaint Inquiry U/S 200 CrPC: J&K High Court

The Jammu and Kashmir High Court has held that once the magistrate records the preliminary statement of the complainant and proceeds to direct an inquiry to ascertain the truth of the matter, it is not open to the magistrate to direct the police to register an FIR.Justice Sanjay Dhar observed that once the magistrate opts for the complaint case procedure by taking the preliminary statement of...

NI Act | Single Complaint For Dishonour Of More Than Three Cheques Maintainable If Covered By Consolidated Demand Notice: J&K High Court

Clarifying the legal position under the Negotiable Instruments Act, 1881, the High Court of Jammu and Kashmir and Ladakh has held that mere issuance or dishonour of a cheque does not give rise to a cause of action under Section 138 of the Act.While dismissing a petition challenging a complaint under the NI Act Justice Sanjay Dhar observed that a single complaint for multiple dishonoured...

Limitation Rules Not Superfluous, Save System From Anarchy: J&K High Court Dismisses Plea Challenging 39-Yr-Old Mutation Order

The Jammu and Kashmir and Ladakh High Court has dismissed a writ petition challenging a mutation order passed 39 years ago reiterating that an unending period for initiating legal remedies could lead to uncertainty and anarchy, upholding the principle that every legal remedy must have a fixed lifespan.“The Rules of Limitation are not superfluous or vestigial but are to be interpreted in...