[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court

Underscoring the importance of procedural compliance in narcotics cases, the High Court of Jammu and Kashmir and Ladakh has held that it is not for the accused to prove that seized samples were not in safe custody, rather, the burden lies on the prosecution to establish their safe handling and ensure that tampering was impossible.Allowing a Criminal Conviction Appeal on behalf of the convict...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up February 24 - March 2, 2025

Nominal Index:ABDUL MAJID SOFI vs UT of J&K 2025 LiveLaw (JKL) 55Madan Lal Goria Vs State Bank of India 2025 LiveLaw(JKL) 56FAYAZ AHMAD RATHER vs TARIQ AHMAD WANI 2025 LiveLaw (JKL) 57Kunj Lal Vs UT Of J&K 2025 LiveLaw (JKL) 58Islam Ul Haq Peer vs Union of India 2025 LiveLaw (JKL) 59Sugandha Sawhney Vs Union Of India 2025 LiveLaw (JKL) 60Rajesh Tandon vs Mohd. Safeer 2025 Livelaw...

Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim

The Jammu and Kashmir High Court has allowed the termination of the 28–29-week fetus of a sexual assault victim through the applicable medical intervention. The court recognized the severe mental trauma suffered by the victim and her inability to comprehend or cope with childbirth.The court observed that the right to life guarantees a life free from mental trauma. The court stated that it...

J&K High Court Introduces Updated Guidelines For Protection Of Vulnerable Witnesses, Emphasises Age-Appropriate Questioning & Video Testimony

The Chief Justice of the Jammu & Kashmir High Court has approved updated guidelines on how the testimony of protected witnesses should be recorded in court. The new rules aim to create a safer environment for witnesses who may feel intimidated while giving evidence in court.According to the notification issued by the Registrar General, these updated guidelines apply to children, people...

"Sordid State Of Affairs": J&K High Court Reprimands Govt Officials For Taking 7 Months For Obtaining Sanction To File Appeal

The Jammu and Kashmir High Court while dismissing an appeal, reprimanded government officials for preferring the appeal after a long period of delay. The court said that no clear reasons for filing the appeal after a prolonged period were forthcoming from the application for condonation of delay.The court expressed its anguish over the casual manner in which the application was filed...

Law Casts Duty Upon Representing Counsel To Report Death Of Litigant During An Ongoing Litigation: J&K High Court

The Jammu and Kashmir High Court held that it would take into account the date on which the death of a litigant was brought on the court's record for the purpose of calculating the limitation period for setting aside the abatement of the suit. The court stated that it is the duty of the counsel representing the party to inform the court about the death of the litigant during the pendency of...

Land Classified As 'Shamilat-E-Deh' Is As Good As Proprietary Land: J&K High Court Directs Compensation For Acquisition

The Jammu and Kashmir High Court held that land classified as Shamilat-e-Deh, once shown as vested in the name of any person, is as good as proprietary land, and the owner is entitled to compensation upon its acquisition by the government.The court said that, in view of the revenue records, the respondents cannot dispute or deny the petitioner's ownership over the land in question for the...

Ejectment Allowed For Reconstruction But Rebuilt Property Must Be Offered To Evicted Tenant At Market Rate: J&K High Court

Shedding light on the mandate of Section 13 of J&K Houses & Shops Rent Control Act 1966 the Jammu and Kashmir and Ladakh High Court has reaffirmed the legal principle that while the law permits a suit for ejectment on the ground of personal requirement for reconstruction, it forbids a landlord from occupying a building obtained solely on the ground of rebuilding without offering the...

J&K High Court Quashes Defamation Case Against Reporter Who Highlighted Misuse Of Hospital Ambulances For Personal Use By Govt Officials

The Jammu and Kashmir High Court quashed a criminal defamation case against a reporter who covered a story relating to the misuse of a public hospital ambulance by government officials. The court held that the news report did not name the respondent, nor was he explicitly quoted as being responsible for the said misuse.The court stated that it was a general report concerning...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 17 - February 23, 2025

Nominal Index:Ghulam Nabi Sofi VS State of J&K 2025 LiveLaw (JKL) 41Union Territory of J&K vs Arsam Imtiyaz Malik 2025 LiveLaw (JKL) 42Chairman, Building Operation Controlling Authority, Srinagar & Ors vs Jameel Hussain Farooqi & Ors 2025 LiveLaw (JKL) 43Bashir Ahmad Mir Vs State Through P/s Safa Kadal 2025 LiveLaw (JKL) 44Mohammad Abass Lone Vs Union Of India And Ors 2025...

Unfair To Collect Toll If Highway Is In Bad Shape: J&K High Court Orders Reduction In Toll Fees

The Jammu and Kashmir High Court directed 80% reduction in the toll fee at two toll plazas on the National highway-44 until the completion of construction. The court said that the National Highway was in a deteriorated state, making toll collection unfair and unreasonable.“This is based on the principle that tolls are collected to provide users with the benefit of well...

Toll Plazas Should Not Serve Merely As Revenue Generating Mechanism With Sole Purpose Of Minting Money From Public: J&K High Court

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, on Tuesday, underscored that toll plaza should not merely function as revenue-generating mechanisms to mint money from the public and directed the authorities not to establish any toll within 60 kilometres of the National Highway-44.“Respondents are directed not to establish any...