J&K&L High Court Takes Suo Motu Cognizance Of News Report On Cardiac Services Collapse At Jammu Super Speciality Hospital

The High Court of Jammu & Kashmir and Ladakh on Monday initiated suo motu proceedings after taking note of a news report indicating a complete shutdown of cardiac procedures at the Government Super Speciality Hospital (GSSH), Jammu, owing to suspension of life-saving medical supplies over unpaid dues under the Ayushman Bharat PM-JAY scheme.The development occurred during the hearing of...

Concept Of 'Tentative Award' Is Foreign To Land Acquisition Act: J&K&L High Court Upholds Landowners' Right To Seek Reference

The Jammu & Kashmir High Court held that the Land Acquisition Act does not recognise the concept of a “tentative award”, clarifying that what is often referred to as such is merely a tentative assessment of compensation subject to approval of the competent authority. The Court further ruled that an application filed by landowners objecting to compensation at the tentative stage can...

'Anti-National' Posts/Chats On Facebook Justified Preventive Custody: J&K&L High Court Declines Detainee's Plea

The Jammu and Kashmir High Court has upheld a preventive detention order passed against a detainee accused of posting content on Facebook that raised security concerns, observing that the decision of the detaining authority was not mechanical, but based on material that could reasonably lead to satisfaction that preventive custody was necessary.Justice Sanjay Dhar recorded that the...

“Reasonable Grounds” To Grant Bail Pending Trial In NDPS Cases Cannot Be Interpreted As 'Proof' Under BSA: J&K High Court

Underscoring the importance of a balanced interpretation of "reasonable grounds" in the context of bail applications, the Jammu and Kashmir and Ladakh High Court has emphasized that such grounds must go beyond mere suspicion yet fall short of conclusive proof.A bench of Justice Mohammad Yousuf Wani added, “.. The words “reasonable grounds” cannot be read to mean proved as used...

Failure To Provide Sample & Report To Accused Vitiates Trial Under Drugs Act: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed criminal proceedings initiated under the Drugs and Cosmetics Act against a petitioner, holding that mandatory safeguards prescribed under the statute, namely furnishing of a portion of the sample and a copy of the Government Analyst's report to the accused, were violated.The court observed that such non-compliance renders the entire...

GST Demand Cannot Exceed Amount Mentioned In Show Cause Notice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a tax demand under GST cannot exceed the amount mentioned in the show cause notice and that doing so violates basic principles of fairness. The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar set aside a GST demand raised against a goods transport agency (GTA), after finding that the final demand was...

Civil Courts Cannot Interfere In Agrarian Resumption Cases, Only Revenue Authorities Have Jurisdiction: J&K&L High Court

“Matters arising out of the Agrarian Reforms Act especially resumption proceedings fall exclusively within the domain of Revenue Authorities, and civil courts lack jurisdiction to interfere, even at the injunction stage,” held the High Court of Jammu & Kashmir and Ladakh while dismissing a petition filed by two litigants challenging concurrent findings of the courts below.Reaffirming...

Allotment Of Evacuee Property Confers Only Temporary Licence, Not Leasehold Rights: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an allotment under the J&K Evacuees (Administration of Property) Act merely creates a temporary licence, terminable in accordance with statutory provisions.Such an allotment, the High Court clarified, does not confer any proprietary or leasehold interest in the property, while stating that a subsequent instrument calling...

Insurer Cannot Rely On Hidden Exclusions To Defeat Consumer's Legitimate Expectations Under Insurance Policy: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an insurer cannot deny coverage for Storm, Tempest, Flood and Inundation (STFI) perils on the ground that no separate premium was paid, when the policy issued is styled as a comprehensive cover including special perils.The High Court observed that the insurer's reliance on a concealed exclusion clause cannot defeat the...

Magistrate Cannot Direct Economic Offences Wing To Investigate Custodial Torture Allegations: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Economic Offences Wing, Srinagar, has no authority under the applicable notification to investigate allegations relating to custodial torture and killing.The Court observed that a Magistrate is empowered to direct an investigation only by an agency having jurisdiction over the offence alleged.The Court was hearing a petition...

Once Defect Is Noticed Within Warranty Period, Both Dealer & Manufacturer Are Jointly Liable For Deficiency In Service: J&K&L High Court

Highlighting the legal obligations of both dealers and manufacturers to resolve defects within the prescribed warranty period the Jammu and Kashmir and Ladakh High Court has held that once a defect is identified within the warranty period, both the dealer and the manufacturer are jointly and severally liable for the deficiency in service.In fastening the liability on the dealer and...

Determination Of Possession Rights In Plaintiff's Injunction Suit Satisfies Due Process, Separate Eviction Suit Not Needed: J&K High Court

Observing that due process of law is satisfied the moment a competent court adjudicates rights of the parties, the High Court of Jammu & Kashmir and Ladakh has held that “once a person in possession brings a suit for injunction against a person who interferes in his possession and his rights are determined in the said suit, it is not necessary for the defendants to bring a fresh suit...