Section 216 CrPC Cannot Be Used To Add Charges Without Prima Facie Material: J&K High Court Rejects ED Plea In Farooq Abdullah-JKCA Case

The Jammu & Kashmir and Ladakh High Court has held that while a party may bring to the notice of a criminal court an alleged omission in the charges, the power to alter or add charges under Section 216 CrPC ultimately rests with the Court and can be exercised only where the material on record prima facie discloses the ingredients of the proposed offence.Justice Sanjay Parihar made...

When Can “May” Be Read As “Shall”? J&K&L High Court Applies Purposive Interpretation To Uphold Statutory Right Under Drugs & Cosmetics Act

The Jammu & Kashmir and Ladakh High Court has held that the word “may” occurring in Section 25(4) of the Drugs and Cosmetics Act, 1940 cannot be construed as conferring an unfettered discretion on the Court where such interpretation would defeat the statutory right of a person to challenge a Government Analyst's report.Justice Wasim Sadiq Nargal observed that once a person, within the prescribed 28-day period, notifies his intention under Section 25(3) to adduce evidence in controversion of...

'Perfect Compensation Is Hardly Possible': J&K&L High Court Says MACT Must Restore Accident Victim To Pre-Accident Position In Fair Manner

The Jammu & Kashmir and Ladakh High Court has observed that while “perfect compensation is hardly possible”, Motor Accident Claims Tribunals must bear in mind that an accident victim has committed no wrong and should, as far as money can reasonably achieve it, be restored to the position he occupied before the accident.“Therefore, though perfect compensation is hardly possible but one has to keep in mind that victim has done no wrong and since he has suffered at the hands of the wrongdoer,...

Continuous Cause Of Action Permits Amendment Of Plaint Without Fresh Suit: J&K&L High Court Allows Mesne Profits Claim In Ejectment Suit

The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed under Article 227 of the Constitution challenging an order allowing amendment of a plaint in an ejectment suit, holding that the Trial Court was justified in allowing the application under Order VI Rule 17 of the Code of Civil Procedure, 1908, as the trial had not commenced and the proposed amendment arose out of...

Order Modifying Interim Relief In Pending Writ Is Not A "Judgment" Under Clause 12 Letters Patent: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an order modifying an interim direction in a pending writ petition, while keeping the substantive issues open for adjudication, does not constitute a “judgment” within the meaning of Clause 12 of the Letters Patent and is therefore not amenable to an intra-court appeal.A Division Bench comprising Justice Sindhu Sharma and...

Yash Paul Bourney Sworn In As Judge Of Jammu & Kashmir And Ladakh High Court

Senior Judicial Officer Yash Paul Bourney was sworn in as a Judge of the High Court of Jammu & Kashmir and Ladakh at a ceremony held in the Chief Justice's Court at the Srinagar Wing of the High Court on Tuesday.The oath of office was administered by Chief Justice Pushpendra Singh Bhati. The Warrant of Appointment was read out by M.K. Sharma, Registrar General of the High Court of J&K...

J&K&L High Court Allows Termination Of 24-Week Pregnancy Of Minor Rape Survivor, Says Statute Cannot Override Constitutional Protection

The Jammu & Kashmir and Ladakh High Court has held that the mere fact that a pregnancy has crossed the 24-week statutory limit cannot, in the peculiar circumstances of a case, result in denial of constitutional protection to a minor who became pregnant following sexual assault.Justice Wasim Sadiq Nargal made the observation while allowing a petition filed on behalf of an 11-year-old...

Female Senior Residents/Tutors Entitled To Full Pay During Maternity Leave: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a female Senior Resident/Tutor is entitled to full pay and allowances during the period of maternity leave, as well as during the corresponding extension of residency necessitated by such leave.Justice Moksha Khajuria Kazmi, while allowing a petition filed by a Senior Resident of Government Medical College, Jammu, held that the...

J&K&L High Court Quashes Olympic Association Election, Calls Process “Sham" & Orders Fresh Polls

The High Court of Jammu & Kashmir and Ladakh has declared the 2024 election of the Jammu & Kashmir Olympic Association (JKOA) null and void, holding that the election process was conducted in violation of the National Sports Development Code and directing a complete overhaul of the Association's constitution before fresh elections are held.Justice Rahul Bharti held that the JKOA...

'Preventive Detention Cannot Become Dead Letter Due To Admin Inaction': J&K&L High Court Quashes PSA Order Over Inordinate Delay

The High Court of Jammu & Kashmir and Ladakh has quashed a detention order passed under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, holding that the respondents had failed to explain the inordinate delay in executing the order and had not placed on record any material to substantiate their plea that the petitioner was evading execution.The Court observed that the existence...

Mere Membership Of Terrorist Gang Not Enough To Invoke S.20 UAPA; Prosecution Must Prove Terrorist Act: J&K&l High Court

The Jammu & Kashmir and Ladakh High Court has held that mere membership of a terrorist gang or organisation is not sufficient to attract Section 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), observing that the prosecution must place material showing the accused's involvement in or indulgence in a “terrorist act” as contemplated under Section 15 of the Act.Justice...

Personal-Enmity Assaults Are “Law And Order” Issue, Not Grounds For Preventive Detention: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order passed against a Poonch resident, holding that incidents arising out of personal enmity and directed against private individuals constitute a “law and order” issue and cannot, by themselves, furnish grounds for preventive detention.Justice Sanjay Dhar observed that the mere fact that a person is involved...