No Absolute Right To Bypass Mandatory Pre-Litigation Mediation By Seeking Urgent Interim Relief Without Reasonable Grounds: J&K High Court

The Jammu and Kashmir High Court has held that under the Commercial Courts Act, a party does not have an absolute choice to bypass the statutorily mandated pre-litigation mediation by praying for interim relief without justifying the same with reasonable grounds. The court was dealing with the application seeking the dispensation of the mediation process under 12-A of the act on the ground that defendants had fraudulently induced the plaintiff into executing the contract by...

Jammu & Kashmir And Ladakh High Court Weekly Roundup March 24 - March 30, 2025

Nominal Index:General Officer Commanding corps & Ors. vs Aijaz Ahmad Mir & Ors 2025 LiveLaw (JKL) 110State Of J&K Vs Khurshid Ahmad Naqeeb 2025 LiveLaw (JKL) 111Dileep Kumar Raina and Ors. vs UT of J&K and others 2025 LiveLaw (JKL) 112Saraj Din vs Liyaqat Ali 2025 LiveLaw (JKL) 113STATE OF JAMMU AND KASHMIR vs KHURSHEED AHMAD NAQEEB 2025 Livelaw (JKL) 114Manohar Singh vs...

Mere Call Records Without Voice Recordings May Not Be Sufficient For Conviction U/S 27-A Of NDPS Act: J&K High Court Grants Bail To Alleged Drug Supplier

"CDR details showing contact between the petitioner and the co-accused, without there being any voice recording relating to conversation between them, may not be sufficient to convict the petitioner for offence under Section 27-A of NDPS Act, though it raises a suspicion about his involvement in the alleged crime," observed Justice Sanjay Dhar of the Jammu & Kashmir and Ladakh High...

S.482 CrPC | Courts Duty Bound To Examine Overall Circumstances To Probe Malicious Intent In Criminal Cases: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that while exercising its inherent power under Section 482 of the Code of Criminal Procedure (Cr.P.C), it is the duty of the Court to look beyond the mere allegations in an FIR or complaint and assess the attending circumstances to determine if the criminal proceedings have been initiated maliciously.Justice Sanjay Dhar emphasized that if it appears that criminal law is being used as a weapon for personal vendetta, the Court must intervene to...

Quashing FIR On Perception Of Complainant's Non-Support To Prosecution Case Unjustified, Accused Can Seek Discharge Before Trial Court: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that merely quashing an FIR or complaint based on the perception that the complainant will not support the prosecution's case is not justified in law.A bench of Justice Vinod Chatterji Koul emphasized that the Sessions Court has the power to discharge an accused under Section 227 Cr.P.C. even before trial, making it unnecessary to invoke...

Different Approach Must Be Adopted In Bail Pleas Arising Out Of Corruption Cases Of Huge Magnitude: J&K HC Denies Bail To Chief Engineer

The Jammu and Kashmir High Court held that while determining a bail application, the severity of the punishment is an important but not the only factor; the court must also consider the nature and gravity of the offence with which the applicant is charged.The court said that the allegations were not of an ordinary kind and fell under a different league. The case involved corruption...

Registering Officer Cannot Evaluate Title Or Irregularity In Document: J&K HC Directs Adherence To Statutory Duties Under Registration Act

The Jammu and Kashmir and Ladakh High Court has ruled that a Registering Officer's role is purely administrative and does not extend to determining the title of a document's executor.Justice Wasim Sadiq Nargal emphasized that as per the Registration Act and Rules, a Registering Officer is only required to register documents accompanied by supporting documents and has no authority to...

J&K High Court Declares Work Done By Contractor As Illegal, Says He Acted In Connivance With Executive Engineer To Manipulate Tender Process

The Jammu and Kashmir High Court has highlighted the high-handedness of the Executive Engineer in colluding with the appellant to procure the contract illegally. The court said that the work, if any, executed by the appellant was without any authority, and he was not entitled to any money in exchange for the work done.The court stated that once Respondent No.1 was declared the lowest bidder,...

Repeated Misconduct Justifies Compulsory Retirement Under BSF Rules: J&K HC

High Court of J&K: A single judge bench of Justice Rajnesh Oswal upheld the compulsory retirement of a BSF constable under Rule 26 of the BSF Rules, 1969. The court found the retirement to be justified based on the constable's repeated prior disciplinary infractions. The court also held that the BSF had followed all due process, including issuing a show-cause notice, and held...

Although MCI Regulations Allow 30% Of Faculty Positions To Be Reserved For Non-Medical Candidates In Colleges, It Is Not Mandatory: J&K High Court

Clarifying the rules for recruitment in medical institutes, the Jammu and Kashmir High Court ruled that the Medical Council of India (MCI) guidelines allow for up to 30% of the total appointments in certain departments to be from non-medical faculty, but there is no legal obligation to do so.Respondent No.1, who was a non-medical candidate, had challenged the appointment on the basis that...

J&K And Ladakh High Court Adopts SC Mandated SOPs On Appearance Of Govt Officials In Court

The Jammu and Kashmir and Ladakh High Court has issued a notification adopting the Standard Operating Procedures (SOPs) prescribed by the Supreme Court of India regarding the personal appearance of government officials in court proceedings.The directive follows the Supreme Court's January 3, 2024 judgment in The State of Uttar Pradesh & Ors. Vs. Association of Retired Supreme Court and...

[J&K Land Acquisition Act] Publication In All Three Modes Prescribed U/S 4 Is Compulsory For Acquisition: HC Quashes Land Acquisition For Amusement Park

The Jammu and Kashmir and Ladakh High Court has reaffirmed that the publication of a notification under Section 4 of the J&K Land Acquisition Act must strictly adhere to all three prescribed modes ie public notice, Government Gazette, and two widely circulated newspapers, including one in the regional language.Justice Sanjay Dhar thus quashed the acquisition of 134 kanals in District...