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 High Court of J & K and Ladakh

Justice Rajnesh Oswal, Jammu and kashmir and ladakh High Court

The Jammu & Kashmir and Ladakh High Court has held that where the very basis for issuance of cheques is disputed through cogent material, the question of whether they were issued in discharge of a legally enforceable debt or liability becomes a triable issue.Justice Rajnesh Oswal made the observation while dismissing a petition filed by a man challenging an order granting unconditional leave to defend a summary suit seeking recovery of ₹1.35 crore. The Court held that the defendants had...

J&K&L High Court Bans Fuel-Powered Motorboats, Shikara Motorboats, Jet Skis In Dal Lake Until Further Orders

The Jammu & Kashmir and Ladakh High Court has directed authorities to ensure that no fuel-powered motorboat, including motorised shikaras and Jet Skis, operates in Dal Lake until further orders, observing that a policy regulating such activities must balance tourism with pollution control and the preservation of the lake's ecosystem.A Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajesh Sekhri also warned that allowing any such motorised boat to operate would...

J&K&L High Court Seeks Explanation From Trial Court For Not Pronouncing Order On Clarification Plea For Nearly A Year

The Jammu & Kashmir and Ladakh High Court has sought an explanation from a Srinagar trial court for not pronouncing an order on an application seeking clarification of an earlier order, despite arguments having concluded on October 3, 2025.Justice Wasim Sadiq Nargal observed that the record prima facie supported the petitioners' contention that the application had remained undecided for nearly a year, causing them prejudice. The Court also questioned the trial court's decision to modify an...

Jammu Kashmir Ladakh High Court

A Full Bench of the Jammu & Kashmir High Court comprising Chief Justice (Acting) Sanjeev Kumar, Justice Sanjay Dhar and Justice Mohd Yousuf Wani held that the right to regularization under Section 5 of the J&K Civil Services (Special Provisions) Act, 2010 accrues immediately upon fulfilment of the prescribed conditions. It does not depend on when the competent authority passes the formal order. It was also held that the 150-day timeline under Section 10 is merely procedural and...

Doctors Not Discharging Duties Under MTP Act, Leaving Distressed Mothers To Approach Courts: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has expressed concern that registered medical practitioners, particularly those working in medical college-associated hospitals and district hospitals, are failing to discharge their statutory responsibilities under the Medical Termination of Pregnancy (MTP) Act, 1971, and the rules framed thereunder in justified cases, leaving distressed women...

J&K&L High Court Questions Retention Of Govt Accommodation By Ghulam Nabi Azad, Ex Stat- BJP Prez Ravinder Raina

The Jammu & Kashmir and Ladakh High Court has sought an explanation from the Union Territory administration on the policy governing retention of government accommodation by political persons after being informed that former Chief Minister Ghulam Nabi Azad and former BJP Jammu and Kashmir president Ravinder Raina have been permitted to retain their residences until March 2027 or the...

School Discharge Certificate Prevails Over Medical Opinion In Determining Candidates Age: J&K&L High Court

Where a school discharge certificate based on official academic records is available, a medical opinion cannot be relied upon to determine a candidate's age, the Jammu & Kashmir and Ladakh High Court has held while dismissing a plea challenging the cancellation of a woman's provisional selection as an Aaya/Helper in a government school.Justice Rajnesh Oswal held that the authorities...

J&K&L High Court Upholds ₹7.2 Lakh Compensation For House Damaged By Road Construction

The Jammu & Kashmir and Ladakh High Court has held that a party cannot withhold evidence supporting its defence during trial and then seek a fresh opportunity to establish that defence by challenging the framing of issues after an adverse judgment.Justice Shahzad Azeem made the observation while dismissing an appeal filed by the Pradhan Mantri Gram Sadak Yojana (PMGSY) authorities against...

Party Cannot Be Forced To Remain In Suit Where No Cause Of Action Or Relief Is Pleaded Against Them: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a party may be removed from the array of defendants under Order I Rule 10(2) of the Code of Civil Procedure (CPC), 1908, where no cause of action is pleaded against them, no relief is sought against them, and their presence is not necessary for the effective adjudication of the dispute.Justice M.A. Chowdhary upheld a trial...

Adult Woman Who Voluntarily Marries Person Of Her Choice Cannot Be Compelled To Return To Parents: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a writ of habeas corpus cannot be issued to compel an adult woman to reside with her parents against her wishes when no illegal or unlawful detention is established.Justice Sanjay Dhar observed that an adult's voluntary and unequivocal decision to accompany her husband has legal recognition, and that a major person cannot be compelled...

CPC | Order Rejecting Application Under Order 9 Rule 9 CPC Appealable Under Order 43: J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that an order rejecting an application under Order IX Rule 9 of the Code of Civil Procedure (CPC) for restoration of a suit dismissed for non-prosecution is appealable under Order XLIII Rule 1(c) CPC.Justice Rajesh Sekhri observed that dismissal of a suit for non-prosecution does not conclusively determine the substantive rights of...