Jammu & Kashmir And Ladakh High Court Weekly Round-Up March 3 - March 9, 2025

Nominal Index:XXXX Vs UT of J&K 2025 Livelaw (JKL) 66Abdul Hamid Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 67ARSHID AHMAD GANIE Vs UNION TERRITORY OF JAMMU AND KASHMIR (HOME) 2025 Livelaw (JKL) 68Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho Vs Wazir Onkar Singh 2025 LiveLaw (JKL) 69Meena Kumari vs Sainik Cooperative House Society Ltd 2025 Livelaw (JKL) 70Bilal Hassan Anim vs Shafeeq Ahmad Mir 2025 LiveLaw (JKL) 71Manzoor Ahmad Wani vs Union Territory of J&K 2025 LiveLaw(JKL) 72Sadiya Sidiq Lone vs UT of J&K and others 2025 Livelaw (JKL) 73FEROZ AHMAD ZARGAR & OTHERS vs UT OF J&K AND OTHERS 2025 Livelaw (JKL) 74Mohd Altaf Najar Vs UT Of J&K 2025 LiveLaw (JKL) 75Parvaiz Ahmad Fashoo Vs UT Of J&K 2025 LiveLaw (JKL) 76Farooq Ahmad Janda vs Union Of India 2025 Livelaw JKL) 77Judgments/Orders:Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault VictimCase-Title: xxxx vs UT of J&KCitation: 2025 Livelaw (JKL) 66The Jammu and Kashmir High Court 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.[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 CourtCase Title: Abdul Hamid Bhat Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 67Underscoring 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.Rigors Of Bail U/S 37 Of NDPS Act Will Not Apply In Cases Of Intermediate Quantity: J&K High CourtCase Title: ARSHID AHMAD GANIE vs UNION TERRITORY OF JAMMU AND KASHMIR (HOME),Citation: 2025 Livelaw (JKL) 68The Jammu and Kashmir High Court held that the rigors of bail under the NDPS Act will not apply where the contraband in question is of intermediate quantity. The court observed that the quantity recovered from the accused persons fell within the intermediate category and not the commercial quantity attracting the rigors of Section 37 of the Act.'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High CourtCase Title: Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho Vs Wazir Onkar SinghCitation: 2025 LiveLaw (JKL) 69The High Court of Jammu and Kashmir and Ladakh reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure (CPC). The Court presided by Justice Javed Iqbal Wani held that the term "any person" in Rule 97(1) is deliberately broad to include all individuals who resist or obstruct possession, empowering executing courts to adjudicate such disputes within the execution proceedings itself.Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High CourtCase Title: Meena Kumari vs Sainik Cooperative House Society Ltd,Citation: 2025 Livelaw (JKL) 70The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court held that the Perpetual Lease Deed, as well as the Byelaws, which provide for the Registrar, Cooperative Societies to be the sole arbitrator for adjudicating disputes between the petitioner and the department, would be against the law.Moratorium Period Under IBC Does Not Bar Payment Of Compensation Under NI Act: J&K High Court Orders ₹4 Crore Interim CompensationCase Title: Bilal Hassan Anim vs Shafeeq Ahmad MirCitation: 2025 LiveLaw (JKL) 71The Jammu and Kashmir High Court held that the declaration of a moratorium would not bar the complainant from filing a complaint under the NI Act. The court said that the debtor cannot take refuge under the Code to frustrate proceedings under the NI Act if he is found liable to pay compensation in the proceedings.Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High CourtCase-Title: Manzoor Ahmad Wani vs Union Territory of J&KCitation: 2025 LiveLaw(JKL) 72The Jammu and Kashmir High Court held that the prosecution's failure to seek cancellation of bail and instead using preventive detention as a shortcut to put the accused behind bars is not legally sustainable.EWS Certificate Cannot Be Rejected Based On Mutation Records But Only After Due Inquiry Into Eligibility Criteria: J&K High CourtCase Title: Sadiya Sidiq Lone vs UT of J&K and othersCitation: 2025 Livelaw (JKL) 73The Jammu and Kashmir High Court held that the EWS certificate could not be rejected merely by...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up March 3 - March 9, 2025

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