Once Status Of Property Becomes A Triable Issue, Plaint Cannot Be Rejected Under Order VII Rule 11 CPC: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that when the status of the suit property as to whether it is a joint holding or stood partitioned becomes a triable issue, the plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.The Court made this observation while setting aside an order of the trial court rejecting a plaint in a suit for declaration...

Post-Conviction NDPS Bail Can't Be Granted On Long Incarceration Alone; Twin Conditions U/S 37 Must Be Strictly Met: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that in cases where an accused has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 involving commercial quantity of contraband, the stringent conditions laid down in Section 37 of the Act cannot be diluted merely on the ground of long incarceration, and that the recording of satisfaction on the...

Defence Of Coercion In Issuance Of Cheque Cannot Be Proved Through Forensic Exam; Must Be Established By Witnesses: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a defence alleging that cheques were issued under coercion in police custody cannot be established through forensic examination of the cheques, and must instead be proved by producing witnesses.The Court was hearing a petition challenging an order passed by the Judicial Magistrate rejecting an application seeking forensic...

“Cryptic & Bereft Of Reasons”: J&K&L High Court Sets Aside Order Granting Bail In Rape Case Over False Promise Of Marriage

The Jammu & Kashmir and Ladakh High Court has set aside a regular bail order passed by a trial court in a case registered under Sections 376 and 506 of the Indian Penal Code, holding that the impugned order was cryptic, bereft of reasons, and failed to advert to material aspects including the victim's statement under Section 164 BNSS and allegations of inducement on the false promise...

Advocates Must Desist From Making Unfounded & Scandalous Allegations In Pleadings Against Judicial Officers: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has cautioned members of the Bar against making unfounded and scandalous allegations against judicial officers in pleadings, holding that such conduct is impermissible and strikes at the dignity and independence of the judiciary.The Court was hearing a transfer petition wherein serious allegations had been levelled against judicial officers...

Disabled Daughter Eligible For Family Pension Despite Omission In Declaration; Hyper-Technical Approach Cannot Deny Benefit: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a major daughter who is physically crippled and unable to earn a living is eligible for family pension under Rule 23(i) of the State Bank of India Employees Pension Fund Rules, even if her name was not specifically indicated in the declaration form submitted by the deceased employee at the time of retirement. The Court added that...

'Minor Minerals' Not Minor In Environmental Consequences; Unchecked Extraction Must Be Within Statutory Framework: J&K&L High Court

The Court held that extraction of sand, gravel, stones and boulders from riverbeds and nallahs may appear insignificant but their cumulative impact is often severe, and such activities cannot be left to unchecked private exploitation and must operate only within a strict statutory and environmental framework.The Jammu & Kashmir and Ladakh High Court has held that minor minerals are not...

Lok Adalat Awards Being Routinely Challenged Defeats Object Of Quick Resolution, Settlement Must Be Confined To Practical Terms: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has observed that it is day in and day out coming across cases where parties seek to challenge awards passed by Lok Adalats, and that this growing tendency leads to unnecessary invocation of writ jurisdiction and waste of valuable judicial time which ought to be devoted to genuine matters.The Court held that the very object of Lok Adalats is to...

J&K&L High Court Acquits Man In Rape Case, Says School Certificate Alone Cannot Conclusively Prove Prosecutrix Was Minor

The Jammu & Kashmir and Ladakh High Court has held that the mere entry regarding date of birth in a school admission register or a certificate issued on its basis does not conclusively establish the age of a person. The Court added that the correctness of such particulars depends entirely on the basis on which the entry was made, and in the absence of evidence showing the source of...

Delay In Executing Preventive Detention Order On Unsubstantiated Medical Grounds Renders Detention Unsustainable: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a preventive detention order cannot be sustained where the respondents fail to substantiate the medical grounds relied upon to justify non-execution of the detention warrant, and where there is unexplained delay in its execution.The Court observed that such lapses cast serious doubt on the subjective satisfaction of the...

Preventive Detention During Ongoing Proceedings U/S 129 BNSS Must Meet Strict Legal Standards To Be Lawful: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that though preventive detention under the Public Safety Act can be invoked even when proceedings under Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are ongoing, such detention must satisfy strict legal standards, failing which it would be rendered unlawful.The Court emphasised that the existence of parallel...

J&K&L High Court Quashes Preventive Detention Of AAP MLA Mehraj Malik, Says No Apprehension Of Him Acting Against Public Order

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention of Mehraj Din Malik, a Member of Legislative Assembly from Doda East, holding that the invocation of the Public Safety Act, 1978 (PSA) was based on allegations that at best amounted to 'law and order' issues and did not satisfy the threshold of 'public order'.The Court ruled that the detaining authority failed...