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Jammu and Kashmir High Court Case Commentaries

Preventing Criminal Overreach in Civil Commercial Disputes: A New Precedent

Preventing Criminal Overreach in Civil Commercial Disputes: A New Precedent

Date: Apr 11, 2025
Preventing Criminal Overreach in Civil Commercial Disputes: A New Precedent Introduction The judgment in the matter of SUSHEEL KUMAR RANA AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY HOME...
Judicial Affirmation of Contractual Flexibility: Empowering Authorities to Modify Approved DPR in Infrastructure Projects

Judicial Affirmation of Contractual Flexibility: Empowering Authorities to Modify Approved DPR in Infrastructure Projects

Date: Apr 11, 2025
Judicial Affirmation of Contractual Flexibility: Empowering Authorities to Modify Approved DPR in Infrastructure Projects Introduction The judgment in the matter of Palm Island Space Owners Welfare...
Reaffirming Public Interest in Preventive Detention: Withholding Intelligence Reports as a Statutory Safeguard

Reaffirming Public Interest in Preventive Detention: Withholding Intelligence Reports as a Statutory Safeguard

Date: Apr 11, 2025
Reaffirming Public Interest in Preventive Detention: Withholding Intelligence Reports as a Statutory Safeguard Introduction This commentary analyzes the recent judgment in the matter of Mumtaz Ahmed...
New Precedent: Clarification of Territorial Jurisdiction under Section 142(2) of the Negotiable Instruments Act

New Precedent: Clarification of Territorial Jurisdiction under Section 142(2) of the Negotiable Instruments Act

Date: Apr 9, 2025
New Precedent: Clarification of Territorial Jurisdiction under Section 142(2) of the Negotiable Instruments Act Introduction The case of Aditya Malhotra Prop. M/s ANN Infrastructure Jammu v....
Invalidating Retrospective Promotion Provisions in JKAS: A New Precedent on Rule 15(4) of the 2008 Rules

Invalidating Retrospective Promotion Provisions in JKAS: A New Precedent on Rule 15(4) of the 2008 Rules

Date: Apr 9, 2025
Invalidating Retrospective Promotion Provisions in JKAS: A New Precedent on Rule 15(4) of the 2008 Rules Introduction The judgment of the Jammu and Kashmir High Court, pronounced on April 3, 2025, in...
Judicial Clarification on Passport Issuance amid Pending Criminal Proceedings – NOC under GSR 570(E)

Judicial Clarification on Passport Issuance amid Pending Criminal Proceedings – NOC under GSR 570(E)

Date: Apr 8, 2025
Judicial Clarification on Passport Issuance amid Pending Criminal Proceedings – NOC under GSR 570(E) 1. Introduction In Abdul Hamid v. Union of India & Anr. (WP(C) No. 3093/2024, Jammu & Kashmir High...
Correction of Bona Fide Pay-Scale Errors and Equitable Protection Against Retrospective Recovery for Near-Retirement Employees

Correction of Bona Fide Pay-Scale Errors and Equitable Protection Against Retrospective Recovery for Near-Retirement Employees

Date: Apr 5, 2025
Correction of Bona Fide Pay-Scale Errors and Equitable Protection Against Retrospective Recovery for Near-Retirement Employees Introduction This commentary examines the judgment delivered by the...
Mandatory Procedural Compliance: Upholding Sections 154 and 156 CrPC in FIR Registration

Mandatory Procedural Compliance: Upholding Sections 154 and 156 CrPC in FIR Registration

Date: Apr 4, 2025
Mandatory Procedural Compliance: Upholding Sections 154 and 156 CrPC in FIR Registration Introduction The Jammu and Kashmir High Court, in the case of Anil Gupta and Another v. Union Territory of J&K...
Judicial Clarification on the Scrutiny of Allegations in Spiritual Institutions: A Standard for Evidentiary and Administrative Oversight

Judicial Clarification on the Scrutiny of Allegations in Spiritual Institutions: A Standard for Evidentiary and Administrative Oversight

Date: Apr 4, 2025
Judicial Clarification on the Scrutiny of Allegations in Spiritual Institutions: A Standard for Evidentiary and Administrative Oversight Introduction The judgment in the case of DOGRA SANG THAN TH....
New Procedural Mandate for Document Admission: A Paradigm Shift in Applying Section 294 of the CrPC

New Procedural Mandate for Document Admission: A Paradigm Shift in Applying Section 294 of the CrPC

Date: Apr 4, 2025
New Procedural Mandate for Document Admission: A Paradigm Shift in Applying Section 294 of the CrPC Introduction The judgment in the case of Suresh Kumar Rekhi and Another v. Directorate Enforcement...
The Principle of Institutional Locus Standi in Selection Disputes: A Comprehensive Analysis

The Principle of Institutional Locus Standi in Selection Disputes: A Comprehensive Analysis

Date: Apr 3, 2025
The Principle of Institutional Locus Standi in Selection Disputes: A Comprehensive Analysis Introduction The Judgment in the matter of "J AND K Public Service Commission Through its Secretary v....
Enforcing Timely and Citizen‑Centric Registration under the Registration Act, 1908

Enforcing Timely and Citizen‑Centric Registration under the Registration Act, 1908

Date: Mar 27, 2025
Enforcing Timely and Citizen‑Centric Registration under the Registration Act, 1908 Introduction The case of Santosha Devi v. Union Territory of J&K & Ors. (WP(C) No. 1385/2023, decided on...
Rigorous Bail Standard in Large‑Scale Corruption: Discretion under Section 483 BNSS

Rigorous Bail Standard in Large‑Scale Corruption: Discretion under Section 483 BNSS

Date: Mar 26, 2025
Rigorous Bail Standard in Large‑Scale Corruption: Discretion under Section 483 BNSS Introduction This commentary examines the Jammu and Kashmir High Court’s order of March 25, 2025, in Bail...
Mandatory Notice Protocol in Land Acquisition: Upholding Procedural Fairness and Transparency

Mandatory Notice Protocol in Land Acquisition: Upholding Procedural Fairness and Transparency

Date: Mar 26, 2025
Mandatory Notice Protocol in Land Acquisition: Upholding Procedural Fairness and Transparency Introduction The judgment in the case of Rattan Chand and Others v. U T of J and K Principal Secretary,...
Inadmissibility of Police‐Custodial Confessions and Bail Standards Under Section 37 of the NDPS Act

Inadmissibility of Police‐Custodial Confessions and Bail Standards Under Section 37 of the NDPS Act

Date: Mar 26, 2025
Inadmissibility of Police‐Custodial Confessions and Bail Standards Under Section 37 of the NDPS Act Introduction The present commentary deals with the judgment delivered by the High Court of Jammu &...
Guiding Principles for Exercise of Section 482 Cr.P.C. in Quashing FIRs for Cheating in Real‑Estate Transactions

Guiding Principles for Exercise of Section 482 Cr.P.C. in Quashing FIRs for Cheating in Real‑Estate Transactions

Date: Mar 21, 2025
Guiding Principles for Exercise of Section 482 Cr.P.C. in Quashing FIRs for Cheating in Real‑Estate Transactions Introduction This commentary examines the judgment in Khursheed Ahmad Mahajan & Anr....
Inherent High Court Jurisdiction to Quash Non‑Compoundable FIRs in Amicable Matrimonial Disputes

Inherent High Court Jurisdiction to Quash Non‑Compoundable FIRs in Amicable Matrimonial Disputes

Date: Mar 19, 2025
Inherent High Court Jurisdiction to Quash Non‑Compoundable FIRs in Amicable Matrimonial Disputes Introduction The present judgment in Mohammad Ismail Koka v. Union Territory of Jammu & Kashmir (2025)...
Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act

Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act

Date: Jan 4, 2025
Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act Introduction The judgment in Rajinder Singh and Others v. Abdul Aziz and Another...
Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action

Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action

Date: Jan 4, 2025
Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action Introduction The case titled COURT ON ITS OWN MOTION v. NEMO before the Jammu and Kashmir High Court...
Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent

Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent

Date: Jan 4, 2025
Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent Introduction The judgment in NATIONAL INSURANCE COMPANY LIMITED v. GULSHANA BEGUM AND ORS. delivered on January...
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