Letters Patent Appeal Not Maintainable Against Interlocutory Orders In Contempt Proceedings: J&K&L High Court

The Jammu & Kashmir High Court held that a Letters Patent Appeal (LPA) does not lie against interlocutory orders passed in contempt proceedings, reiterating that an appeal under Section 19(1) of the Contempt of Courts Act is maintainable only where the Court has actually imposed punishment for contempt.The Division Bench comprising of Justices Sindhu Sharma, Shahzad Azeem observed that the impugned order dated 01.12.2023 merely directed the appellants to file a fresh compliance report and...

'GST Is Fiscal Compliance, Not Regulatory Exemption': J&K High Court Says Brick Dealers Still Need Licence Under Brick Kiln Act

The Jammu & Kashmir High Court has upheld the validity of the Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 and the 2017 Rules, ruling that the regulatory framework applies not only to manufacturers but also to brick dealers, rejecting challenges raised by multiple petitioners.The High Court rejected the plea that GST registration obviated the licensing requirement under the Brick...

J&K&L High Court Denies Bail In NDPS Case; Says 32-Month Abscondence Bars Accused From Invoking Prolonged Incarceration Jurisprudence

The Jammu & Kashmir and Ladakh High Court refused to grant bail to an accused facing trial under the NDPS Act, holding that the delay in conclusion of the trial was entirely attributable to the accused himself, who absconded for nearly two-and-a-half years, thereby disabling him from invoking Article 21's right to speedy trial or relying on the Supreme Court's jurisprudence on...

Payment To 'Either' Or 'Surviving' Joint Account Holder Is Full Discharge Of Bank's Liability: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that when a joint bank account carries the “either or survivor” mandate, payment of the matured deposit to the surviving account holder constitutes a complete and valid discharge of the bank's liability.Any dispute regarding entitlement to those funds, the Court made clear, lies exclusively between the survivor and the legal heirs,...

Civil Court Jurisdiction Prevails Over Revenue Authorities In Property Disputes: J&K&L High Court Quashes Revenue Orders

Reaffirming the legal principle that civil courts exercise superior and overriding jurisdiction over revenue authorities in disputes involving title, possession, or civil rights over immovable property, the High Court of Jammu & Kashmir and Ladakh has quashed three revenue orders passed against a landowner.Justice Wasim Sadiq Nargal emphasised that when a civil suit is already pending on...

'Disability Presumed Attributable To Service Unless Proved Otherwise': J&K&L High Court Upholds Disability Pension For Soldier

The Jammu & Kashmir High Court held that once a soldier is enrolled in a medically fit condition and subsequently develops disabilities during service, the disability is presumed attributable to or aggravated by service unless the Army proves otherwise.The court said that the Army cannot deny disability pension on the basis of a one-line or cryptic “neither attributable to nor aggravated...

Appellate Tribunal Under PMLA Empowered To Remand Matter Back To Adjudicating Authority: J&K&L High Court

The Jammu & Kashmir High court held that the Appellate Tribunal under the Prevention of Money Laundering Act, 2002 (PMLA) possesses inherent powers to remand matters back to the Adjudicating Authority after setting aside a confirmation order, as a necessary concomitant to its appellate jurisdiction.The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar observed that “The power...

Test Identification Parade Only A Rule Of Prudence; Dock Identification Is Substantive Evidence: J&K&L High Court

Elaborating on the contours of Test Identification Parade (TIP) and distinguishing it from the evidentiary value attached to Dock Identification, the High Court of Jammu and Kashmir and Ladakh has held that while a Test Identification Parade (TIP) is a valuable aid in the investigative process, the real and substantive evidence of identity is the dock identification made by a witness in...

'Territory Under Pak's Control On LOC Still Part Of J&K, Any Trade Is Intra-State Supply For Purpose Of GST': J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the area of the erstwhile State of Jammu & Kashmir presently under the de facto control of Pakistan remains part of the territory of India, holding that cross-LoC trade carried out under the 2008 Standard Operating Procedure is to be treated as intra-state supply.The Court was hearing several petitions challenging show cause...

J&K&L High Court Flags 'Unchecked Commercialisation' In Srinagar's Balgarden Area, Calls For Time-Bound Action Plan From Civic Body

The Jammu & Kashmir and Ladakh High Court has flagged the Srinagar Municipal Corporation's (SMC) prolonged inaction and systemic enforcement failures, holding that the “unchecked and unauthorised commercialisation of the Balgarden area reflects broader enforcement challenges in Srinagar.”The Court has directed the Chief Secretary of the Union Territory to form a high-powered...

Right Of Pre-Emption Is A 'Very Weak Right'; Pre-Emptor's Conduct Can Constitute Waiver: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the right of pre-emption is a very weak right, one that can be defeated by a purchaser through all lawful means and can even be deemed waived by the pre-emptor through his or her conduct as inferred from the facts and circumstances of the case.The court added that once a pre-emptor chooses to waive his right of pre-emption, he...

J&K&L High Court Grants Bail To Allegedly Fake 'Bahubali' Co-Producer Accused Of Fraud

While granting bail to a man who had claimed to be a “Co-Producer” of the movie Bahubali, the Jammu & Kashmir and Ladakh High Court has observed that mere pendency of criminal cases elsewhere, without resulting convictions, cannot be a ground to keep an accused in jail for an indefinite period once the investigation is complete and the chargesheet is filed.The Court was hearing a...