Procedural Compliance U/S 133 CrPC Mandatory; Well-Intentioned Orders Can't Survive Procedural Lapses: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has dismissed a petition challenging the remand of proceedings under Section 133 CrPC to the Sub Divisional Magistrate (SDM) for fresh consideration, holding that procedural compliance under Chapter X CrPC is mandatory and cannot be bypassed even for a "well-meaning" order.A bench of Justice Rahul Bharti held that if the provisions of Chapter X of...

Forgery Conviction Can't Sustain Sans Proof Of Authorship; Mens Rea Must Be Established Independently If Doc Accepted By Authority: J&K&L HC

Underscoring the foundational requirement of mens rea in criminal prosecution for forgery and corruption, the High Court of Jammu & Kashmir and Ladakh has held that even if the prosecution's version that a tampered document was used to secure a benefit is assumed to be correct, the mental element of the offence must still be independently proved.A bench of Justice Sanjay Parihar ruled...

J&K&L High Court Admits Plea Challenging CPC Amendments Made Under Reorganisation Order 2020 As 'Ultra Vires'

The Jammu & Kashmir and Ladakh High Court has admitted a writ petition challenging the validity of amendments made to the Code of Civil Procedure, 1908, through the J&K Reorganisation (Adaptation of Central Laws) Order, 2020, and has stayed further proceedings before the trial court in the meantime.A bench of Justice Sanjay Parihar was hearing the petition under Article 226 of...

Right Of Pre-Emption Is 'Extremely Weak', Filing Injunction Suit Without Claiming It Amounts To Waiver : J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has reiterated that the right of pre-emption is a very weak right, which can be lawfully defeated by a purchaser and can also be waived by the pre-emptor through conduct, as inferred from the facts and circumstances of a case.Setting aside a judgment and decree passed by the District Judge, Poonch, in 2001, the Court held that a pre-emptor who...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up : January 19-January 25, 2026

Nominal Index:YASIR AMIN KHANDAY AND ANOTHER Vs UT Of J&K 2026 LiveLaw (JKL) 19Abdul Hamid Wani Vs Abdul Hamid Lone 2026 LiveLaw (JKL) 20Dinesh Singh Chib & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 21Ishant Sharma v. Union Territory of Jammu & Kashmir & Ors LiveLaw 2026 (JKL) 22Shrisht Pal Sharma v. Union Territory of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 23Jasveer...

Drugs & Cosmetics Act | JMFC Can Try Offences Punishable Up To 3 Years; S. 32 Bar Not Absolute: J&K&L High Court

Holding that jurisdiction under the Drugs and Cosmetics Act is governed by the nature of punishment prescribed and not merely by the chapter under which an offence falls, the High Court of Jammu & Kashmir and Ladakh has ruled that offences punishable with imprisonment not exceeding three years can validly be tried by a specially empowered Judicial Magistrate, notwithstanding that...

Concealed Exclusion Clauses Can't Be Used To Deny Claim In Comprehensive Insurance Policies Covering Special Perils: J&K&L High Court

Reaffirming consumer rights under insurance contracts, the Jammu & Kashmir and Ladakh High Court has held that an insurer cannot evade liability by relying on obscure or undisclosed exclusion clauses, particularly where the insurance policy is issued and marketed as a comprehensive cover for 'Standard Fire and Special Perils'. The Court ruled that such hidden exclusions cannot be permitted...

S. 138 J&K Transfer Of Property Act | Transferee Cannot Take Possession Or Seek Mutation Without Registered Instrument: High Court

Reaffirming the strict statutory mandate governing transfer of immovable property in Jammu & Kashmir, the Jammu and Kashmir and Ladakh High Court has held that there cannot be a valid transfer of immovable property unless it is in writing and duly registered in accordance with Section 61(3) of the J&K Registration Act read with Section 138 of the J&K Transfer of Property...

S. 37 NDPS Act | 'Reasonable Grounds' Not Equivalent To 'Proved' Under BSA; It Would Set At Naught Bail Power: J&K&L High Court

Interpreting the stringent bail provisions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the Jammu & Kashmir and Ladakh High Court has clarified that the expression “reasonable grounds” contained in Section 37 cannot be stretched to mean 'proved' under the Bharatiya Sakshya Adhiniyam.The Court cautioned that equating “reasonable grounds” with the standard...

Suit Proceeds De Novo Upon Return Of Plaint; Proceedings Before Court Lacking Jurisdiction Are Non-Est: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has clarified that once a plaint is returned by a court for lack of jurisdiction, the entire suit must commence de novo before the competent court, even if evidence of the parties stood concluded before the court which returned the plaint.A bench of Justice Sanjay Dhar made these observations while setting aside an order of the 2nd Additional...

“Long-Settled Service Rights”: J&K&L High Court Grants Pensionary Relief To Officers Litigating Since 1986 Over Seniority

The Jammu & Kashmir and Ladakh High Court has held that repeated attempts by the Government and Police Headquarters to reframe and revise seniority lists decades later amounted to administrative patchwork and could not be used to deny long-standing service rights of officers who had been litigating since 1986.A Division Bench comprising Justice Rajnesh Oswal and Justice Rahul Bharti...

S. 223 BNSS | Pre-Cognizance Hearing Not Mandatory For S. 138 NI Act Proceedings: J&K&L High Court

The Jammu & Kashmir High Court dismissed a petition seeking the quashing of proceedings under Section 138 of the Negotiable Instruments Act, 1881, ruling that the requirement of hearing the accused at the pre-cognisance stage under Section 223 BNSS stands dispensed with for cheque dishonour cases.The Bench further noted that the initiation of a civil suit or parallel criminal proceedings...