Declaring Person History-Sheeter Must Be Based On Reasonable Belief Due To Objective Material: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a history sheet opened against a person and directed removal of his name from Surveillance Register holding that the subjective satisfaction required for declaring a person a history-sheeter must rest upon reasonable belief founded on objective and verifiable material, and that no such satisfaction was recorded in the present...

Substantial Compliance With Display Of Notice Under Land Acquisition Act Sufficient If Regional Language Newspaper Unavailable: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has allowed a review petition filed by the Union Territory of J&K, recalling its earlier judgment in terms of which it had quashed land acquisition proceedings initiated for the Islamic University of Science and Technology, Awantipora.The Court held that there was substantial compliance with Section 4(1) of the J&K Land Acquisition Act,...

Public Health Prevails Over Commercial Interests: J&K&L High Court Refuses To Quash Prosecution Against Amul Officials In Unsafe Milk Case

The High Court of Jammu & Kashmir and Ladakh has refused to quash criminal proceedings initiated against officials of Banaskantha District Cooperative Milk Producers' Union Ltd. (Amul), holding that the report of a Referral Laboratory declaring a milk sample unsafe overrides an earlier report of the Food Analyst and constitutes sufficient material for prosecution under the Food Safety...

Cattle Smuggling Cases Do Not Warrant Preventive Detention: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order passed under the Jammu & Kashmir Public Safety Act, 1978 against a person accused in multiple FIRs relating to transportation of cattle/bovine and offences under the Prevention of Cruelty to Animals Act, 1960.The Court held that such activities, even if true, fall within the realm of law and order and...

Backdoor Appointments Cannot Be Regularised: J&K&L High Court Dismisses Plea Of Junior Engineers Engaged On 'Hire & Fire' Basis For 9 Years

The Jammu & Kashmir and Ladakh High Court has dismissed a batch of writ petitions filed by three Junior Engineers who had been engaged by the University of Kashmir on a “Hire and Fire” basis on consolidated wages for over nine years, seeking quashing of a fresh advertisement notification for regular recruitment and directions for regularisation of their services.The Court held that...

Non-Installation Of CT Scan Machines In Doctor's Chamber Over Power Constraints Raises Serious Concern: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has impleaded the Jammu Power Development Corporation Limited and the Kashmir Power Development Corporation Limited as party respondents in a suo motu public interest litigation concerning non-installation of 128 Slice CT Scan Machines at multiple government hospitals.After it emerged that the machines could not be commissioned owing...

UAPA | J&K&L High Court Denies Bail To Baramulla Society Office Bearers Accused Of Promoting Secessionist Ideology Through Donations

The Jammu & Kashmir and Ladakh High Court has dismissed an appeal against rejection of bail in a case registered under Section 13 of the Unlawful Activities (Prevention) Act, 1967, arising from allegations that a society operating in Baramulla was collecting funds through donation boxes and diverting them for promoting secessionist ideology.The Court held that the Special Court had...

Protection Of Life Prevails Over Reproductive Choice: J&KL High Court Declines Termination Of 27-Week Pregnancy Of Minor Rape Survivor

The High Court of Jammu & Kashmir and Ladakh has declined permission for medical termination of a 27-week pregnancy of a minor rape survivor, holding that preservation and protection of life must take precedence where medical experts warn that termination would expose the victim to life-threatening complications and irreversible health consequences.The Court held that while the...

J&K&L High Court Grants Anticipatory Bail To Army Personnel In POCSO Case After Complainant Marries Him, Drops Allegations

The Jammu and Kashmir and Ladakh High Court has granted anticipatory bail to an Army personnel accused in a case involving allegations under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita, after the prosecutrix stated that she was in a consensual relationship with him, had married him after attaining majority, and did not wish to pursue the...

Amid Rising Fuel Prices, J&K High Court Adopts Virtual Hearings; Suspends LTC And Directs Staff To Pool Transport

The Jammu & Kashmir and Ladakh High Court has issued a circular mandating a series of administrative measures, including promotion of virtual hearings, suspension of Leave Travel Concession facility, and pooling of transport for Registry officers, in response to a nationwide call for “Economic Self‑Defence” arising from concerns over rising crude oil prices and energy...

Criminal Law Cannot Be Used To Settle Internal Disputes: J&K&L High Court Quashes FIR Against Ex-Ranji Cricketer

The Jammu & Kashmir and Ladakh High Court has quashed an FIR registered against an ex-Ranji Trophy player Majid Dar alleging production of a false date of birth certificate, holding that criminal law cannot be permitted to be used as an instrument of harassment or for settling internal disputes of an institution.The Court observed that once the complainant association itself, after...

Structure Raised By Purchaser On Migrant Land Cannot By Itself Stall Sale Deed Registration: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the existence of a structure raised by the purchaser in good faith on land proposed to be purchased from a migrant owner cannot, by itself, be a ground to indefinitely withhold registration of the sale deed if the structure does not belong to the vendor.The Court was hearing a writ petition filed under Article 226 of the...