Latest Jammu Kashmir Ladakh Hc updates from LegalRepublic.in.
Justice Sanjay Dhar held that a juvenile's past FIR cannot anchor a Public Safety Act detention order, particularly when no fresh post-bail activity was shown.
A writ petition pending since 2006 ends with a mandamus directing Union of India to pay ex-gratia assistance to an ex-soldier whose battle casualty status was never in dispute.
Justice Sanjay Parihar held that a trial court cannot prejudge a pending criminal investigation in guardianship proceedings and must decide custody solely on the child's welfare.
The High Court of J&K and Ladakh held that a four-month delay between the SSP's dossier and the detention order, left entirely unexplained, rendered the preventive detention illegal under the PIT NDPS Act.
The Srinagar bench rejected a petition challenging an FIR for SIM-swap fraud, holding that allegations of cognizable offences cannot be tested at the quashing stage.
Justice Sanjay Dhar at Srinagar found no statutory presumption under the Press and Registration of Books Act, 1867 attaches to a Managing Director absent specific allegations of editorial control.
The High Court at Srinagar held that violations of the Mines and Minerals Act are penal matters, not threats to Public Order, and freed a man detained under the J&K Public Safety Act.
A PIL on five years of stalled gazetted-cadre recruitment in the Union Territory of Ladakh is closed after the UT Administration confirmed statutory framework and UPSC steps are in place.
A Division Bench at Srinagar dismissed appeals against charge framing under the UAPA, holding that forensic data, recovered posters, and cash provided sufficient prima facie material.
A retired government driver's challenge to SRO 28 of 1996 fails; the court holds that three in-situ financial upgradations bar any claim of financial loss from non-promotion.
The High Court found the detention order was a mirror image of the police dossier, with the District Magistrate exercising no independent application of mind under the J&K Public Safety Act.
The High Court of Jammu & Kashmir and Ladakh set aside a Poonch Magistrate's cryptic order rejecting a Final Closure Report and ordering reinvestigation without examining the evidence or recording any reasons.
The High Court of J&K and Ladakh declined to impose a court-fixed timeline on the Central Information Commission while directing it to improve its working and address the backlog of second appeals from J&K.
Justice Sanjay Dhar dismissed a habeas corpus petition against a PSA detention order, holding that pending criminal prosecution does not bar recourse to preventive detention where public order is threatened.
Justice Wasim Sadiq Nargal directed the Commissioner, Jammu Municipal Corporation, to file a comprehensive affidavit on action taken against establishments lacking sanctioned building plans, parking facilities, and fire safety clearances.
The J&K and Ladakh High Court declined bail to an NDPS accused held for five years but directed the trial court to reconsider its mechanical deferment of final arguments within 15 days.
Justice Sanjay Dhar held that JKLFC must pay gratuity with 10% interest, while JKPDC must first release leave salary and then seek reimbursement from the parent body.
The Jammu & Kashmir and Ladakh High Court held that a Collector conducting land acquisition proceedings cannot adjudicate disputed title and was right to treat the revenue-recorded owner as the sole interested person.
Justice Rahul Bharti directed the Principal District Judge, Samba to attempt reconciliation before proceeding on a divorce petition, faulting the court for bypassing Section 23(2) of the Hindu Marriage Act.
The Jammu & Kashmir and Ladakh High Court set aside a preventive detention order under the PITNDPS Act, holding that the detaining authority failed to explain why prior security proceedings under Section 129 BNSS were insufficient.
Justice Sanjay Dhar restored a suit over land at Nandpora Nigeen, Srinagar, finding that whether a private partition occurred after a 1971 arbitral award is a question of fact requiring trial.
Justice Sanjay Dhar admitted Mohammad Iqbal Wani to bail in a Rs 55.80 lakh wild garlic fraud, finding prima facie merit in his challenge to the organised crime charge under Section 111 BNS.
The J&K High Court held that a pre-emption suit filed under the J&K Right to Prior Purchase Act could not survive once the legislature repealed that Act before a decree was passed.
The High Court of J&K and Ladakh held that once a criminal charge sheet is dismissed and no assessed loss exists, a public sector corporation cannot withhold a retired employee's terminal benefits.
