High Court of J & K and Ladakh
Religious Structures On Public Places: J&K&L High Court Seeks Status Report, Asks UT To Detail Removal & Prevention Measures
The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner, Jammu, to file a fresh status report on affidavit clearly identifying encroachments, if any, made on public streets, public parks and other public places in the name of temples, churches, mosques and gurdwaras, besides detailing the steps taken by the Union Territory Administration for their removal and...
DNA Evidence Alone Does Not Establish Absence Of Consent In POCSO Cases, Must Be Assessed With Victim's Testimony: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has granted bail to an accused facing trial under the POCSO Act, holding that although a DNA profiling report may constitute strong incriminating scientific evidence connecting an accused with biological material, DNA evidence by itself does not establish the absence of consent.Justice Sanjay Dhar observed that the evidentiary value of the...
Bovine Animals Being Transported Without Permission Is Not Grounds For Preventive Detention: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that mere involvement in offences relating to transportation of bovine animals without permission cannot, by itself, justify invocation of preventive detention, particularly where the detaining authority has failed to record any subjective satisfaction that such activities had resulted, or had the potential to result, in...
Trap Laying Officers Must Independently Corroborate Alleged Demand Before Proceeding: J&K&L High Court Acquits Accused In Corruption Case
The High Court of Jammu & Kashmir and Ladakh has set aside the conviction of a public servant in a corruption case, holding that the prosecution failed to prove initial demand of bribe beyond reasonable doubt.The Court observed that the Trap Laying Officer had not made any effort to verify the factum of initial demand before proceeding to lay trap, and the complainant's testimony...
Right To Indemnity Under Workmen's Compensation Act Does Not Authorise Unilateral Appropriation From Unrelated Contract: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that the right of indemnity under Section 12(2) of the Workmen's Compensation Act does not entitle the principal employer to unilaterally withhold or appropriate amounts lying in relation to an independent contract. The Court observed that any right of recovery must be enforced through legally permissible procedures before a...
Defective Summary Suit Need Not Become Dead Suit; Underlying Claim Can Be Preserved As Ordinary Recovery Action: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that a defective summary suit need not meet a dead end as een where the requirements of Order XXXVII of the Code of Civil Procedure, 1908 are not fulfilled, the Court can treat the suit as an ordinary civil suit and proceed with it in accordance with law.The Court observed that the failure to satisfy the conditions of a summary suit...
Minor Should Not Be Burdened With Repeated Court Appearances: J&K&L High Court Examines Need For Litigant-Friendly Family Court Proceedings
The High Court of Jammu & Kashmir and Ladakh has taken up the examination of the scope of Section 13 read with Section 10 of the Family Courts Act, 1984, to ascertain how proceedings before Family Courts can be made more litigant-friendly without compromising the role of legal consultation and counselling.The Court noted that requiring the appearance of a minor petitioner along with...
S.362 CrPC Applies To S.138 NI Act Proceedings; Magistrate Can Recall Non-Final Orders To Ensure Fair Trial: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that the provisions of Sections 362 and 311 of the Code of Criminal Procedure, 1973, cannot be said to be inapplicable to the proceedings of a complaint initiated under Section 138 of the Negotiable Instruments Act, 1881.The Court observed that since most of the sections of Chapter XVII of the NI Act start with a non-obstante clause,...
LiveLaw Jammu & Kashmir And Ladakh High Court Weekly Roundup August 17 - August 23, 2026
Nominal Index:Asmat Parveen v. Islamic University of Science and Technology and Another 2026 LiveLaw (JKL) 351Albert David Limited v. Union Territory of J&K and others 2026 LiveLaw (JKL) 352Sana Aftab v. Mohtashem Billah Malik 2026 LiveLaw (JKL) 353Naeem Akhter Andrabi v. Union of India & Ors 2026 LiveLaw (JKL) 354Brahmanand Saraswati v. State (UT of J&K) & Anr 2026 LiveLaw...
J&K&L High Court Seeks Explanation From Admin Over Delay In Wetland Management Plans, Questions Why Other Ramsar Sites Were Ignored
The High Court of Jammu & Kashmir and Ladakh has directed the Government of Jammu & Kashmir to explain why it has failed to respond to a September 2025 communication from the Ministry of Environment, Forest and Climate Change concerning Integrated Management Plans (IMPs) for three wetland reserves, and why separate IMPs for those wetlands have not been resubmitted in accordance with...
J&K&L High Court Directs Action Against Special Tribunal Member For Allowing Compounding Of Major Building Violations
The High Court of Jammu & Kashmir and Ladakh has directed its Registry to forward a Registrar Vigilance report to the Chief Secretary of the Union Territory of Jammu and Kashmir for taking appropriate legal action against a former member of the J&K Special Tribunal, after the inquiry concluded that 65 matters were compounded for “extraneous consideration” and that major...