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 High Court of J & K and Ladakh

Justice Rajesh Sekhri, Jammu and Kashmir and Ladakh High Court

The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order holding that the unexplained delay of more than two years in executing the order, despite the petitioner regularly attending trial proceedings, snapped the “live and proximate link” between his alleged past activities and the need for his detention.The Court was hearing a petition challenging a detention order passed by the District Magistrate, Anantnag, under the Jammu and Kashmir Public Safety Act, 1978. The...

Mere Use Of Forged Document Not Offence, Knowledge That It Was Forged Must Be Established: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that mere use of a forged document as genuine does not, by itself, constitute an offence under Section 471 RPC. The prosecution must additionally establish that the accused knew or had reason to believe that the document was forged and used it fraudulently or dishonestly.The Court clarified that the expression “reason to believe”...

Magistrate Cannot Give Criminal Colour To Administrative Dispute Without Following Section 156(3) CrPC Procedure: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a Magistrate cannot convert an administrative dispute into a criminal proceeding by directing registration of an FIR on the basis of an application which does not itself seek registration of an FIR and without following the safeguards governing exercise of power under Section 156(3) CrPC.The Court clarified that where information...

Saubhagya Scheme Irregularities: J&K&L High Court Quashes Further Probe Against Officials After No Criminal Misconduct Found

The Jammu & Kashmir and Ladakh High Court at Jammu has set aside an order directing further investigation into alleged irregularities in the implementation of the Pradhan Mantri Sehaj Bijli Har Ghar Yojana (SAUBHAGYA) in Jammu Division, holding that the investigation, departmental action and third-party inspections had not established criminal misconduct or conspiracy against the...

NDPS Act | Cannot Rely On Magistrates Presence To Validate Search While Disregarding His Testimony On Source Of Recovery: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the prosecution cannot rely upon the presence of an Executive Magistrate to lend authenticity to an NDPS search and simultaneously disregard the Magistrate's substantive testimony when it contradicts the prosecution on the very source of recovery.Justice Sanjay Parihar observed that where the prosecution case is founded on...

Cattle Smuggling Allegations Without Communal Tension Not Public Order Issue: J&K&L High Court Quashes Detention Of 65-Yr-Old

The Jammu & Kashmir and Ladakh High Court at Jammu has held that allegations of illegal transportation of bovines and cruelty against animals, without material showing communal tension or disturbance of law and order, cannot by themselves establish that a person poses a threat to “public order”.The Court accordingly quashed the preventive detention of 65-year-old Din Mohd Wani under...

Penalty For Delayed Compensation Under Employees Compensation Act Cannot Be Imposed Without Finding Of Unjustified Delay: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that while interest on delayed payment of compensation follows the default under Section 4-A(3)(a) of the Employees' Compensation Act, 1923, imposition of penalty under Section 4-A(3)(b) requires a specific finding by the Commissioner that the delay was unjustified and can be made only after giving the employer an opportunity to...

MSME Suppliers Non-Registration At Time Of Transaction Does Not Render Facilitation Councils Award A Nullity: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that even if an enterprise was not registered under the Micro, Small and Medium Enterprises Development Act, 2006 at the time of a transaction, such non-registration by itself would not render an award passed under the MSME Act a nullity.The Court clarified that an objection to the supplier's registration status cannot, by itself, oust...

Bail Can Be Set Aside For Illegality Even Without Misuse Of Liberty: J&K&L High Court Cancels Bail In 24-Kg Ganja Case

The Jammu & Kashmir and Ladakh High Court has held that an order granting bail can be set aside where it is found to be illegal, perverse or contrary to a statutory mandate, even in the absence of any subsequent misuse of the liberty granted to the accused.The Court clarified that a challenge to the legality of the original bail order is distinct from cancellation of bail on account...

Principal Employer Cannot Escape Statutory Liability To Contract Labour Merely Because Contractor Pays Wages: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a contractual arrangement under which a contractor is responsible for disbursing wages to contract labour cannot completely exclude the statutory obligations of the principal employer under labour welfare legislation.The Court clarified that the immediate responsibility to disburse wages and the ultimate liability to bear the...

Section 151 CPC Can Permit Additional Evidence After Closure Of Trial If Necessary In Interests Of Justice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that while Order XVIII Rule 17 CPC can be invoked to recall a witness for clarifying doubts arising from the evidence already led, Section 151 CPC can be exercised in an appropriate case to permit additional evidence even after closure of evidence, where such evidence is relevant and necessary in the interests of justice.The Court,...