J&K High Court Allows Re-Recording Of S.164 Cr.PC Statement After Woman Says She Was Pressurised To Implicate Party In False Rape Case

The Jammu and Kashmir High Court held that the statement recorded before the magistrate can be re-recorded and there is no bar under section 164 CRPC for recording the statement of a witness more than once.The above ruling came when the petitioner made a request for re-recording of her statement stating that her first S.164 Crpc statement was not willful and she was forced to give the statement, implicating the respondent in a false rape case, by her husband and her in-laws due to a family...

S.37 Of NDPS Act Not A Blanket Ban On HC's Powers To Grant Bail On Humanitarian Or Medical Grounds: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act do not act as a blanket ban on the powers of the High Court under Section 439 of the Code of Criminal Procedure (Cr.P.C).A bench of Justice Mohammad Yousuf Wani emphasized that while Section 37 imposes restrictions on granting bail in cases involving commercial quantities of narcotics, it does not curtail the High Court's discretion to grant bail on...

Unilateral And Retrospective Enhancement Of Rent Is Unjust, Not Permissible Under Law: J&K High Court

The Jammu and Kashmir High Court has held that a party cannot be permitted to unilaterally and retrospectively alter the rent amount fixed with the tenant.Justice MA Chowdhary held that it was not permissible for the respondent to revise the rent twice in the same year. The court said that notice requiring the petitioner to pay the revised rent increasing it to 100% was not permissible and was done in violation of the principles of Natural Justice.The court said that respondents have not placed...

J&K HC Directs Review Of Security Measures After Girl Seeking Protection For Marrying Against Family's Wishes Was Forced Out Of Court By Brother

The Jammu and Kashmir High Court has voiced its serious anguish and concern about the developments which took place on the court premises wherein a petitioner girl was forced out of the corridors of the court against her wishes by a civilian, who was said to be her brother.The petitioner and her husband had approached the J&K High Court seeking protection after marrying against...

Security Cover Not A Luxury Or Status Symbol: J&K High Court Dismisses Advocate's Plea For Continued Police Protection

The Jammu and Kashmir and Ladakh High Court emphasized that security cover provided at the State's expense cannot be construed as a luxury or a status symbol to be granted arbitrarily.Justice Wasim Sadiq Nargal, while dismissing a petition filed by Advocate Sumit Nayyar seeking the continuation of his personal security, underscored that the assessment of threat perception is a...

Cannot Come To Rescue Of Proclaimed Offender Seeking Quashing Of Detention Order At Pre-Execution Stage: J&K High Court

The Jammu and Kashmir High Court held that the constitutional courts have a limited jurisdiction to interfere with the detention order at the pre-execution stage. It added that such remedy cannot be even otherwise be sought by a person who is evading the legal process of the court.The petitioner sought to challenge the detention order at the pre-execution stage stating that earlier...

No Killer Would Keep Leftover Poison For Police To Discover After Months: J&K High Court Overturns Conviction in 20-Yr-Old Murder Case

"A person who administers poison to kill a person will not keep the leftover poison, if any, with him for months together and wait for the police to come and recover it from him," observed the Jammu and Kashmir and Ladakh High Court, as it overturned the conviction of Mohd. Shafi in a two-decade-old murder case.The bench, comprising Justices Sanjeev Kumar and Moksha Khajuria Kazmi, thus set...

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court

The Jammu and Kashmir High Court has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC to create pressure on the husband and his family members.The court held that no direct accusations were made against the petitioner's relative regarding acts of cruelty or cheating by him. The court added that it appears the petitioner...

Possession Of Migrant Property Cannot Be Handed Over To Anyone Without Written Consent Of Migrant Owner: J&K High Court

The Jammu and Kashmir High Court upheld the eviction order passed by the Financial Commissioner in evicting the illegal occupant of a migrant property. The court held that the occupant-petitioner herein could not have taken over the possession of the land in question except with the express consent of the migrant in writing, to be handed over by the District Magistrate alone.The court said...

Recovery Of Excess Pension Due To Administrative Error Cannot Be Enforced Against Elderly Pensioners Or Widows: J&KHigh Court

Giving relief to an elderly woman pensioner in whose account an excess amount of pension was credited, the Jammu and Kashmir High Court held that if, due to an administrative error, an excess amount is credited to the accounts of elderly pensioners or widows which is withdrawn, the same cannot be recovered.The court noted that the appellant is an elderly lady, 77 years of age, and a...

Defendant Cannot Rely On Vague Statements While Pursuing Leave To Defend In Summary Suit: J&K High Court

The Jammu and Kashmir High Court has held that a defendant cannot rely on unsubstantiated and vague statements while offering his leave to defend in a summary suit procedure.Justice Sanjay Dhar while dealing with a cheque bounce case noted that the appellant had admitted signing the cheque but failed to provide any substantial evidence proving that the cheque was not meant for the respondent....

Three Additional Judges Sworn-In As Permanent Judges Of J&K And Ladakh High Court

The Chief Justice of High Court of Jammu & Kashmir and Ladakh, Justice Tashi Rabstan on Monday administered the oath of office to three Additional Judges Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri & Justice Mohammad Yousuf Wani as Permanent Judges of the High Court of Jammu & Kashmir and Ladakh, in the Chief Justice's Court Room.The proceedings of the oath taking ceremony...

Grounds Of Detention Are Vague, Ambiguous: J&K High Court Quashes Preventive Detention Of Former Bar President Nazir Ahmad Ronga

The Jammu and Kashmir and Ladakh High Court has quashed the preventive detention of former Jammu and Kashmir High Court Bar Association President Nazir Ahmad Ronga.Justice Sanjay Dhar held that the allegations against Ronga were vague, lacked material particulars, and did not provide a basis for his detention under the J&K Public Safety Act, 1978.The court added, “.. it is clear that...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 10 - March 17, 2025

Nominal Index:Mohammad Jamal Sheikh Vs UT Of J&K 2025 LiveLaw (JKL) 78Executive Engineer And Ors. Vs Ghulam Mohideen Tantray 2025 Livelaw(JKL) 79Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 80Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 81Damni Rajrah & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 82Mohammad Abass Magray vs Union Territory of J&K 2025 Livelaw...

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. Brief Facts: The matter pertained to a judgment issued by the Principal District Judge, Jammu. The trial...

EWS Reservation Can't Be Claimed By Those Already Holding Reserved Category: J&K HC Cancels MBBS Admission Secured Under Misrepresented EWS Status

The High Court of Jammu & Kashmir and Ladakh has ruled that an individual seeking to claim reservation under the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA), or any other similar categories.Citing Section 2(o) of the J&K Reservation Act along with...

J&K Police Rules | SPOs Entitled To Same Protections as Regular Police Officers, Cannot Be Disengaged Without Due Process: High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that Special Police Officers (SPOs) enjoy the same protections as regular police officers and cannot be disengaged from service without being provided a reasonable opportunity to show cause and meet the charges levelled against them.A bench of Justice Rajesh Sekhri, emphasized the importance of adhering to the principles of...

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code (CPC) can only be appointed when the evidence before the trial court is inconclusive and requires clarification.Justice Rajnesh Oswal set aside an order of the Municipal Magistrate, Jammu, which had appointed a Tehsildar as Commissioner...

J&K High Court Cautions Tourism Minister Of Contempt Action If Delay Is Caused In Complying With Orders For Paying Dues Of Deceased Contractor

The Jammu and Kashmir High Court has warned the state tourism minister of being held in contempt of court if he causes any delay in the compliance of the court orders, whereby the court had imposed exemplary costs of Rs. 9 lakhs on the contemnors apart from just dues payable to the deceased petitioner for the work carried out in 2015.The counsel for the contemnors informed the court that...

Central Govt Notifies Transfer Of Justice Atul Sreedharan From J&K High Court To Madhya Pradesh High Court

The Central Government has officially notified the transfer of Justice Atul Sreedharan from the High Court of Jammu & Kashmir and Ladakh back to his parent Madhya Pradesh High Court. The notification, issued on March 13, 2025, states that the transfer has been made under Article 222(1) of the Constitution of India, following consultation with the Chief Justice of India.With this...