Trial Court Must Determine Whether Additional Accused To Be Tried Jointly Or Separately; Main Case Proceeds Independently: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh held that where an additional accused is summoned during the course of proceedings, the trial court must undertake a judicial determination as to whether such an accused is to be tried jointly with the existing accused or separately.The Court clarified that once a separate trial is contemplated, the proceedings in the main case need not be deferred and may continue independently in accordance with the law.The Court was hearing a bail application...

Bank Officials Not Entitled To S.197 CrPC Protection Despite Being 'Public Servants' Under RPC: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that while bank officials may fall within the definition of “public servants” under Section 21 of the Ranbir Penal Code (RPC), the protection under Section 197 of the Code of Criminal Procedure, 1973 is not available to them.The Court clarified that Section 197 CrPC specifically extends protection only to those public servants who are...

Dispute Over Compensation Under NH Act Must Be Referred To Civil Court, Authority Must Withhold Disbursement Till Resolution: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that where a dispute arises as to the entitlement or apportionment of compensation for acquired land, the competent authority is under a statutory obligation under Section 3H(4) of the National Highways Act, 1956 to refer such dispute to the Principal Civil Court of original jurisdiction and withhold disbursement of the amount until...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up April 6 - April 12, 2026

Nominal Index:Syed Lutfullah Shah & Anr. v. A.W. Kirpak Supdt. Engineer & Ors 2026 LiveLaw (JKL) 136Subash Chander Sharma v. SHO P/S Anti Corruption Bureau Jammu & Ors 2026 LiveLaw (JKL) 137Ishfaq Ahmad Wani Vs Chairman Legislative Council & Ors 2026 LiveLaw (JKL) 138Amit Kumar Bansal & Ors. Vs Sanjeev Kumar Gupta & connected matters 2026 LiveLaw (JKL) 139Amin Allaie...

'Despite ACB Exoneration, J&K Govt Issued Show Cause Notice After Seven Years': High Court Stays Blacklisting Of Insurance Broker

The Jammu & Kashmir and Ladakh High Court has stayed the debarment/blacklisting of M/s Trinity Reinsurance Brokers Ltd. by the Finance Department of the Government of Jammu & Kashmir, observing that a prima facie case was made out, especially when the impugned order was issued despite the company having been exonerated by the Anti-Corruption Bureau (ACB) and after an unexplained gap...

PMLA Bail Cannot Be Cancelled Without Supervening Circumstances; Mere Misapplication Of S.45 No Ground For Cancellation: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an application seeking cancellation of bail granted under the Prevention of Money Laundering Act, 2002 cannot succeed merely on the ground that the trial court did not properly appreciate the rigour of Section 45 of the PMLA.The Court clarified that bail once granted can only be cancelled if supervening circumstances such as misuse...

Land Acquisition Act | Non-Publication Of S.4(1) Notice In Gazette & Newspapers With Local Circulation Vitiates Acquisition: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that failure to publish the notification under Section 4(1) of the Land Acquisition Act, 1990, in newspapers having effective circulation in the locality of affected persons, coupled with absence of publication in the Government Gazette, vitiates the acquisition proceedings.The Court was hearing an intra-court appeal filed by the...

Prolonged Incarceration, Weak Prosecution Case Can Justify UAPA Bail Even If Prima Facie Accusations Exist: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prolonged incarceration of an accused, when coupled with the weakness of the prosecution case based on uncorroborated approver testimony and confessional statements of co-accused, can constitute a valid ground for grant of bail under the Unlawful Activities (Prevention) Act, 1967, even if the statutory threshold under Section 43-D(5)...

UAPA | Terror Funds Received Directly From Pak, Accused Not Automatically Entitled To Bail Due To Prolonged Custody: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prolonged custody of more than five years under the Unlawful Activities (Prevention) Act, 1967 does not automatically entitle an accused to bail when the prosecution has prima facie material demonstrating his direct involvement in raising and distributing terror funds, receiving money from Pakistan-based LeT handlers, and...

J&K High Court Refuses To Entertain Mian Abdul Qayoom's Plea For Medical Exam, Cites SC's Supervision In Babar Qadri Murder Case

The Jammu & Kashmir and Ladakh High Court has dismissed an application filed by the wife of former High Court Bar Association, Kashmir (HCBA) President Mian Abdul Qayoom seeking directions for his medical examination, holding that parallel directions cannot be issued when the Supreme Court is already seized of the matter and has issued specific and comprehensive directions governing...

Land Acquisition Act | Acquisition Lapses If 80% Compensation Not Paid Before Taking Possession U/S 17A: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where the State invokes urgency provisions under Section 17 of the Land Acquisition Act, 1990, but fails to comply with the mandatory requirement under Section 17-A of paying 80% compensation before taking possession, the acquisition proceedings lapse by operation of Section 11-B.The Court was hearing an intra-court appeal filed...

Writ Court Cannot Examine Validity Of Revenue Mutations Unless Explicitly Challenged: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where mutations have not been challenged and have attained finality, the writ court cannot examine their validity or comment upon the manner in which they were attested.The Court was hearing an intra-court appeal challenging the judgment of the writ court, which had set aside a mutation and remitted the matter for fresh...