Disputed Liability Cannot Be Converted Into Admitted Obligation To Attract Order 39 Rule 10 CPC: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that a disputed liability cannot ordinarily be converted into an admitted obligation merely by drawing inferences from isolated statements divorced from their context, so as to attract the jurisdiction of a court under Order XXXIX Rule 10 of the Code of Civil Procedure.The Court dismissed an appeal challenging an interlocutory order directing the deposit of alleged arrears of rent and monthly occupational charges, holding that...

Fresh Writ Seeking Relief Already Covered By Unimplemented Court Direction Amounts To Multiplicity Of Proceedings: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that entertaining a fresh writ petition seeking the same relief which was already the subject matter of a direction passed by a competent court amounts to multiplicity of proceedings on the same cause of action, which is impermissible in law.The Court held that once a direction has been passed upon the official respondents to consider the claim of the petitioner, there is no need to pass another similar direction by way of a fresh order....

Supreme Court Collegium Recommends 9 Advocates For Appointment As Judges Of J&K And Ladakh High Court

The Supreme Court Collegium has approved the proposal for appointment of nine advocates as Judges of the High Court of Jammu & Kashmir and Ladakh.The decision was taken at a Collegium meeting held on October 29, 2026, according to a statement issued by the Supreme Court Collegium.The advocates recommended for appointment are: 1. Vishal Sharma 2. Vikram Kumar...

'Advisory Board Not A Mere Post Office To Facilitate Confirmation Of Detention Orders': J&K&L High Court Quashes Preventive Detention

The Jammu & Kashmir and Ladakh High Court has observed that an Advisory Board constituted under the Jammu and Kashmir Public Safety Act, 1978, is required to act as a vigilant watchdog to ensure strict compliance with procedural safeguards governing preventive detention and cannot function as a mere “Post-Office” issuing favourable opinions to facilitate confirmation of...

Levy Of Water Usage Charges On Hydropower Projects Is Tax On Generation Of Electricity, Beyond State Legislature's Competence: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that the levy of water usage charges upon hydropower projects under the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 is, in substance and effect, a tax on the generation of electricity, and that the State Legislature did not have the competence to impose such a tax.The Court struck down the...

J&K&L High Court Grants Interim Bail To Former Cop Accused Of Killing Wife, Considers His Ailing Father & Minor Son

The High Court of Jammu & Kashmir and Ladakh at Jammu has granted interim bail to a former Inspector of the Jammu and Kashmir Police, who is an undertrial in custody, pending the final adjudication of his main bail petition.The Court granted the relief considering that the petitioner's custody was having adverse effects on two lives, namely his 82-year-old ailing father and his...

Mitigating Factors Can Entitle Accused To Bail But Cannot Be Grounds To Quash POCSO Chargesheet: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a petition filed by a minor victim under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of a charge sheet filed against the accused under the Protection of Children from Sexual Offences Act, 2012.Dismissing the petition, the Court held that the factors of a consensual relationship,...

J&K&L High Court Quashes Preventive Detention, Says Yak Transportation Cannot Be Basis To Presume Communal Disharmony

The High Court of Jammu & Kashmir and Ladakh at Jammu has quashed a preventive detention order passed under the Jammu and Kashmir Public Safety Act, 1978, holding that the subjective satisfaction arrived at by the detaining authority became a casualty where it mechanically failed to take into account that the petitioner was alleged to be involved in the transportation of male bovine...

No Equity Or Permission To Construct Can Be Extended To Party Accused Of Disobeying Court Orders: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where a party stands accused of disobeying court orders, no equity or permission to construct can be extended to him.The Court held that permission to construct during the pendency of a suit, subject to an undertaking to demolish in case of an adverse decision, is not a matter of absolute rule or right, and that each case turns...

IGNOU Regional Centres In J&K Are Permanent Establishments With Cadre Posts: High Court Directs Consideration Of Regularisation Of Daily Wagers

The High Court of Jammu & Kashmir and Ladakh at Srinagar has disposed of three connected writ petitions seeking regularisation of petitioners engaged on contractual and daily-wage basis in the Indira Gandhi National Open University Regional Centre, Srinagar, directing that their cases be considered in terms of the judgment of the Division Bench which held that the Regional Centres of...

J&K&L High Court Grants Anticipatory Bail To Man Accused Of Rape On False Promise Of Marriage, His Mother For Alleged Abetment

The Jammu & Kashmir and Ladakh High Court has granted anticipatory bail to a 23-year-old man accused of having sexual relations with a woman on the alleged false promise of marriage and his 44-year-old mother, who was accused of abetting the alleged offence.Justice M. A. Chowdhary took into account the complainant's own claim of being in a relationship with the main accused for...

Procedural Defect Pointed Out By Opposite Party Does Not Create Absolute Bar Against Rectification By Amendment: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Leh has held that the provisions of the Code of Civil Procedure relating to impleadment of parties and amendment of pleadings are intended to facilitate effective and complete adjudication of the real controversy between the parties.The Court held that the mere fact that a procedural defect has been pointed out by the opposite party does not,...