Latest Jammu Kashmir Ladakh Hc updates from LegalRepublic.in.
Justice Rajnesh Oswal held that the failure to videograph the evidence of an 11-year-old with a severe speech impairment, as the proviso to Section 119 of the Evidence Act requires, did not vitiate the trial absent prejudice, upheld the ten-year sentences of two men, and acquitted a third whom the girl herself had exonerated.
A division bench at Srinagar held that the Jammu and Kashmir Water Resources Act, 2010, to the extent it levies water usage charges on hydro projects, imposes a tax on generation that the erstwhile State legislature had no competence to levy, struck it down to that extent and quashed demand notices against thirteen independent power producers.
Justice Yash Paul Bourney held that a landlord who spent about Rs 25 lakh refitting a Srinagar commercial block on the strength of a tenant's claimed university credentials and corporate clients had alleged more than a rent default, and that the dispute could not be written off as civil at the threshold.
A Division Bench of Justices Rajnesh Oswal and Rahul Bharti dismissed an arbitration appeal, holding limitation goes to the admissibility of a claim rather than the arbitrator's jurisdiction.
The Jammu and Kashmir and Ladakh High Court holds the agency had standing to be heard — the trial court could not shut it out after ruling its application maintainable — and then refuses the charges it asked for.
The Srinagar Bench refused to strike down Condition No. 40 governing amusement facilities at Manasbal, but directed the Wullar Manasbal Development Authority to designate a specific site within two weeks.
Justice Rajnesh Oswal dismissed the State's petition challenging bail granted to a man accused of cultivating opium poppy on one marla of land, finding no breach of bail conditions and Section 37 inapplicable.
The Jammu & Kashmir and Ladakh High Court directed passport authorities to decide a 78-year-old's application afresh, holding that a decades-old CID report tied to a closed FIR is no basis for refusal.
Justice Rahul Bharti found elected office-bearers of District Gurdwara Prabhandhak Committee Jammu locked in factional litigation, directed affidavits on Gurdwara administration and audit, and suo motu impleaded two sidelined elected members.
Justice Sanjay Parihar issued a writ of mandamus directing the UT of J&K to immediately terminate a 15-year-old POCSO victim's pregnancy, which had crossed 24 weeks, overriding the statutory ceiling on constitutional grounds.
Justice M. A. Chowdhary set aside a Public Safety Act detention order against Suhail Fayaz Najar, finding stale UAPA case material, absent live link, and failure to communicate grounds under Article 22(5).
The Jammu & Kashmir High Court dismissed a challenge to an RET teacher's engagement, holding that the Supreme Court's Saba Wani judgment bars reopening concluded selections under the closed RET Scheme.
The High Court found the PIL's sweeping proposals for AI-powered advocate profiling and court reforms potentially useful but premature, given existing initiatives by the Supreme Court's E-Committee and NALSA.
J&K High Court quashes J&K Bank's no-inquiry dismissal order, holding that Clause 12.29 of the Officers Service Manual mandates a formal investigation before termination on national security grounds.
The Jammu & Kashmir and Ladakh High Court dismissed a regular bail application in a group assault case, holding that hospital discharge of victims did not constitute a material change in circumstances warranting release.
Justice Sanjay Dhar upheld a Public Safety Act detention order against Bilal Ahmad Lone, rejecting claims of continuous custody, non-supply of material, and vague grounds of detention.
Justice Wasim Sadiq Nargal dismissed a Section 482 petition, holding that competing factual versions over the NH-40 road contract investment cannot be resolved at the quashing stage.
Six months after closing the PIL on assurances of progress, a Division Bench revived it after no visible construction activity appeared at the Raika site.
The J&K and Ladakh High Court upheld a pay-reduction penalty against a bank officer but set aside the withholding of his superannuation benefits, holding that forfeiture requires prior quantification of loss.
The Jammu & Kashmir High Court dismissed a petition challenging the rejection of a plea to defer a Section 138 NI Act conviction appeal, holding that an appellant need not appear personally when counsel is on record.
Justice Sanjay Dhar set aside a two-year sentence against a Block Development Office clerk, holding the trial court's verdict was perverse and internally contradictory on every essential ingredient of the corruption charge.
Justice Sanjay Dhar held that a positive DNA report alone cannot justify continued incarceration when the prosecutrix denied assault in court and her age at the time of the alleged incident remained genuinely debatable.
