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 High Court of J & K and Ladakh

Jammu and Kashmir and Ladakh High Court, Justice Sanjay Dhar, Revisional Powers, Juvenile Justice (Care and Protection of Children) Act, Master X th. Shah Wali Vs State of J&K

The High Court of Jammu & Kashmir and Ladakh has directed advocates enrolled with the Bar Council of Jammu & Kashmir and Ladakh after the academic year 2009-2010 to qualify the All India Bar Examination (AIBE), if they have not already cleared it, while requiring those who have passed the examination to submit their Certificate of Practice within the prescribed period.A notification issued by the High Court provides for the implementation of Rules 9, 10 and 11 of Chapter III, Part VI of...

Person Facing Trial Under UAPA Cannot Seek Removal From Police List Of Over Ground Workers: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a person facing trial in a case alleging involvement in terrorist activities cannot seek removal of his name from a police-maintained list of Over Ground Workers (OGWs) while the criminal proceedings remain pending and his dismissal from government service on national security grounds has not been set aside.Justice Sanjay Dhar observed that the question of whether the petitioner was associated with militants or had aided or assisted...

Adverse Possession Claim Not Contradictory Merely Because Plaintiff Relies On Sale Agreement To Explain Possession: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a plaintiff seeking a declaration of ownership on the basis of adverse possession does not raise contradictory pleas merely by referring to an agreement to sell to explain how possession of the disputed property was originally obtained.Justice Sanjay Dhar observed that where the plaintiff bases the claim of ownership on alleged long, continuous, uninterrupted and hostile possession, a reference to an agreement to sell to explain the...

NDPS Act | CDRs Dont Reveal Conversation Contents, Bank Credits Not Clearly Linked To Drug Proceeds: J&K High Court Grants Bail

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused facing trial in a commercial-quantity narcotics case, observing that the absence of any recovery from him, coupled with call detail records that did not reveal the contents of conversations and bank transactions not clearly linked to drug proceeds, weakened the material relied upon to justify his continued incarceration.The Court clarified that although the statutory restrictions under Section 37 of the Narcotic Drugs...

Caste Abuse Against Woman Does Not Attract SC/ST Act Merely Because Husband Belongs To SC Community: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that caste-based abuse directed at a woman who does not herself belong to a Scheduled Caste community does not attract the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, merely because her husband belongs to a Scheduled Caste community.Justice Sanjay Dhar further observed that, prima facie, the Act's provisions relating to caste-based insult and humiliation were not attracted where the woman's...

J&K High Court Quashes Preventive Detention Order After 2-Year Delay, Says Live & Proximate Link With Past Activities Snapped

The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order holding that the unexplained delay of more than two years in executing the order, despite the petitioner regularly attending trial proceedings, snapped the “live and proximate link” between his alleged past activities and the need for his detention.The Court was hearing a petition challenging a...

Mere Use Of Forged Document Not Offence, Knowledge That It Was Forged Must Be Established: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that mere use of a forged document as genuine does not, by itself, constitute an offence under Section 471 RPC. The prosecution must additionally establish that the accused knew or had reason to believe that the document was forged and used it fraudulently or dishonestly.The Court clarified that the expression “reason to believe”...

Magistrate Cannot Give Criminal Colour To Administrative Dispute Without Following Section 156(3) CrPC Procedure: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a Magistrate cannot convert an administrative dispute into a criminal proceeding by directing registration of an FIR on the basis of an application which does not itself seek registration of an FIR and without following the safeguards governing exercise of power under Section 156(3) CrPC.The Court clarified that where information...

Saubhagya Scheme Irregularities: J&K&L High Court Quashes Further Probe Against Officials After No Criminal Misconduct Found

The Jammu & Kashmir and Ladakh High Court at Jammu has set aside an order directing further investigation into alleged irregularities in the implementation of the Pradhan Mantri Sehaj Bijli Har Ghar Yojana (SAUBHAGYA) in Jammu Division, holding that the investigation, departmental action and third-party inspections had not established criminal misconduct or conspiracy against the...

NDPS Act | Cannot Rely On Magistrates Presence To Validate Search While Disregarding His Testimony On Source Of Recovery: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the prosecution cannot rely upon the presence of an Executive Magistrate to lend authenticity to an NDPS search and simultaneously disregard the Magistrate's substantive testimony when it contradicts the prosecution on the very source of recovery.Justice Sanjay Parihar observed that where the prosecution case is founded on...

Cattle Smuggling Allegations Without Communal Tension Not Public Order Issue: J&K&L High Court Quashes Detention Of 65-Yr-Old

The Jammu & Kashmir and Ladakh High Court at Jammu has held that allegations of illegal transportation of bovines and cruelty against animals, without material showing communal tension or disturbance of law and order, cannot by themselves establish that a person poses a threat to “public order”.The Court accordingly quashed the preventive detention of 65-year-old Din Mohd Wani under...