High Court of J & K and Ladakh
J&K High Court Stays Single-Bench Order To Repatriate 63-Year-Old Pakistan-Origin Woman Deported After Pahalgam Attack
A Division Bench of the Jammu and Kashmir High Court today stayed the operation of a repatriation order passed by a single judge bench, which had directed the Union Ministry of Home Affairs (MHA) to repatriate a 63-year-old Pakistani-origin woman, who was deported following the Pahalgam attack.The Letters Patent Appeal (LPA) titled Union of India vs Rakshanda Rashid Th. Falak Zahoor, 2025, was filed by the Union Territory of Jammu and Kashmir and the MHA, challenging the single-judge's order...
J&K High Court Directs FCI To Refund Almost ₹8 Lakh To Transport Contractor, Says Retrospective Recovery Based On Revised Route Is Illegal
The High Court of Jammu and Kashmir and Ladakh on Monday directed the Food Corporation of India (FCI) to refund an amount of ₹7,93,456 to a transport contractor, M/s Durga Enterprises, after holding that recoveries made retrospectively based on revised route distances were illegal and contrary to contractual terms and policy guidelines.Underscoring the binding nature of contract terms,...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: June 23 - June 29 2025
Nominal Index:Court of its own motion Vs State of J&K & Ors. 2025 LiveLaw (JKL) 244Abdul Qayoom Ganie and Ors. Vs UT of J&K and others 2025 LiveLaw (JKL) 245Anish Rajulia Vs Union of India 2025 LiveLaw (JKL) 246Tarmat Ltd. Vs Union of India and others 2025 LiveLaw (JKL) 247Shamim Ahmad Parray Vs State of J&K 2025 LiveLaw (JKL) 248Bhagu Ram & Ors Vs Joint Financial...
Voluntarily Acquiring Citizenship Of Pakistan Resulted In Termination Of Indian Citizenship: J&K High Court Upholds Deportation Order
The High Court of Jammu & Kashmir and Ladakh, while dismissing a 34-year-old writ petition challenging deportation orders, held that "The petitioners have acted in their own volition and acquired the citizenship of a foreign Country. Their passports and the residential permit issued in their favour are cogent, unequivocal evidence of the fact that the petitioners are not citizens of...
J&K High Court Grants Bail To Man Accused Of Shooting Wife, Notes That Crucial Eyewitnesses Including Son & Daughter Turned Hostile
The Jammu and Kashmir High Court has granted regular bail to a man accused of murdering his wife with a firearm, observing that the prosecution has failed to produce any clinching or credible evidence connecting him to the crime.A bench of Justice Rajesh Sekhri allowed the bail application, holding that “in such cases of 'no evidence', courts are obliged to take a holistic view and...
When Both Parties Are Equally At Fault, Law Will Leave Them Alone: J&K High Court Dismisses Appeal In Land Compensation Case
Reiterating the doctrine of pari delicto, the High Court of Jammu and Kashmir and Ladakh has held that where both parties are equally at fault in entering into an illegal agreement, the law will not intervene to determine their inter se rights and liabilities.The Division Bench comprising Justice Sindhu Sharma and Justice Rajesh Sekhri thus dismissed a Letters Patent Appeal filed by one...
Revenue Authorities Can Decide Cases On Merits While Exercising Transfer Powers U/S 10 Of Land Revenue Act: J&K High Court
Reiterating the wide discretionary powers conferred upon senior revenue authorities under Section 10 of the Jammu and Kashmir Land Revenue Act, the High Court of Jammu and Kashmir and Ladakh has ruled that officers such as the Collector, Divisional Commissioner, and Financial Commissioner are legally empowered to decide matters on merits while exercising their authority to withdraw and...
Evidence Act | S.106 Cannot Be Used To Fill Gaps In Prosecution Case Without A Firm Foundation: J&K High Court
Reaffirming foundational principles of criminal jurisprudence, the High Court of Jammu & Kashmir and Ladakh has ruled that Section 106 of the Indian Evidence Act cannot be invoked to fill material gaps in the prosecution case unless the foundational facts necessary to shift the onus are first firmly established.While acquitting accused Shamim Ahmad Parray @ Koka Parray and Mst. Gulshana,...
J&K High Court Resolves Arbitrator Fee Stalemate, Directs Centre To Deposit Fee As Per 4th Schedule Arbitration Act
In an order addressing the long-pending stalemate in an arbitration matter, the Jammu and Kashmir High Court directed the Union of India to deposit the arbitrator's fee as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996, enabling the pronouncement of the arbitral award.The issue before the court was whether a government-prescribed internal fee structure for...
'Cannot Be Declared Medically Unfit Solely On Basis Of Birthmark' J&K High Court Quashes Rejection of CAPF Aspirant
The High Court of Jammu and Kashmir and Ladakh at Jammu has quashed the medical rejection of a CAPF aspirant declared unfit due to a congenital birthmark.A bench of Justice M. A Chowdhary emphasised that congenital conditions like 'Port Wine Stain' cannot, by themselves, be grounds for medical disqualification unless accompanied by concrete medical reasoning demonstrating...
Alibi Cannot Be Tested At Stage Of Framing Charges: J&K High Court Declines To Quash Chargesheet In Assault Case
The Jammu & Kashmir High Court has dismissed a petition seeking quashing of a charge sheet filed against several individuals accused of carrying out a violent attack using deadly weapons, holding that the plea of alibi raised by the accused cannot be tested in a pre-trial stage under the guise of a quashing petition.The petitioners had urged the Court to quash the charge sheet on the...