Specific Post-Release Inputs and Documented Supply of Material as Sufficient Safeguards for Upholding Preventive Detention under the J&K Public Safety Act 1. Introduction This commentary examines the...
Indemnity Under Section 12(2) Does Not Permit Cross-Contract Set-Off: Principal Employer Cannot Withhold Security/CDR of an Independent Contract Without Due Process 1. Introduction This Letters...
From Stale Cheque to Sustainable Claim: Mandatory Conversion (Not Rejection) of an Order XXXVII Cheque-Suit into an Ordinary Money Recovery Suit Where Underlying Debt Is Pleaded 1. Introduction The...
Delay in Reporting Minor Rape by an Influential Accused Not Fatal When Threat, Vulnerability, and DNA Corroboration Exist; Correct Sentencing Head is Section 376(2)(n) RPC for Repeated Rape 1....
Quashing under Section 528 BNSS in Section 138 NI Act Complaints: “Lost Cheque/Stop-Payment” Defence Must Go to Trial Once Prima Facie Ingredients and Section 139 Presumption Are Triggered 1....
Rebuttal of POCSO Section 29 Presumption at Bail Stage and Maintainability of Successive Bail Before High Court Case: NISAR AHMAD JOO TH.HIS WIFE v. UNION TERRITORY OF J AND K TH.S.H.O P/S M.R.GUNJ...
Acquittal Appeals: “Possible View” Deference and Pre‑2014 Age of Consent (16) Under Section 376 RPC in J&K 1) Introduction The Jammu and Kashmir High Court (Srinagar Bench), by judgment dated...
Entire Appeal Abates Where Compromise Decree Determining Inter se Shares Is Joint and Inseverable: Order XXII Overrides Order XLI Rule 4 Post-Institution Case: GULAM AHMAD RAINA AND ANR. v. HAMEEDA...
Stopgap/Temporary Teaching Service Can Be Counted for CAS Senior Scale; Stale Seniority Challenges Barred by Laches 1. Introduction The Jammu and Kashmir High Court (Division Bench) in SYEDA AFSHANA...
Urban Co‑operative Banks Amenable to Article 226 for Enforcement of Statutory Service Rules; No Extension Beyond SRO 233 Retirement Age Without Government Amendment 1. Introduction In MOHAMMAD SHAFI...
Death of the Accused Extinguishes PC Act Proceedings: Section 8-B Attachments Are Ancillary to Prosecution and Must Fall with Abatement Case: DHEERAJ PARGAL v. UT OF J AND K TH COMMISSIONER SECRETARY...
Notice for Encroachment-Demolition Need Only Be Given to the Person Reflected in Official Records; Writ Jurisdiction Will Not Decide Disputed Property Claims 1. Introduction The judgment in KUNZANG...
Domicile-Based Physical Relaxation Does Not Bar Reserved-Category Candidates from Open Merit Selection (SSC GD) Case: AMIT KUNDAL v. UNION OF INDIA TH SECRETARY MINISTRY OF HOME AFFAIRS Court: High...
Mandatory Strict Compliance with Sections 251–252 CrPC for Conviction on Plea in Section 138 NI Act Cases; Appeal Bar under Section 375 CrPC 1. Introduction The decision in ADIL AHMAD SOFI v. JAVID...
Pension/Gratuity Cannot Be Withheld Absent Instituted Departmental or Judicial Proceedings (CSR Articles 168-A & 168-D) 1. Introduction The Jammu & Kashmir and Ladakh High Court at Srinagar (Acting...
Once Amendment is Allowed, the Unamended Leave-to-Defend Pleading Becomes Inefficacious in Order XXXVII CPC Suits AB. GANI GANAIE AND ANR v. AB. GANI BHAT (Jammu & Kashmir and Ladakh High Court,...
Interim Release of NDPS-Seized Vehicles: Confiscation Risk Is Not a Bar; Release on Superdari with Inventory Safeguards under BNSS §497 1) Introduction In ANJUM RAFIQ v. UT OF J AND K TH COMMISSIONER...
Quashing Drug Prosecutions for (i) Limitation Bar and (ii) Defeat of Section 25(3) Right Due to Delay Case: DR. JOHNS LAB PVT LTD THROUGH ITS DIRECTOR v. STATE THROUGH DRUG INSPECTOR (FOOD AND DRUG...
Preventive Detention under the J&K Public Safety Act Requires Independent Application of Mind and Fact-Based Grounds (No “Borrowed Satisfaction” from a Police Dossier) 1. Introduction In FAYAZ AHMAD...
Interim Orders Are Executable Under Section 36 CPC (Order XXXIX Rule 2-A Not Exclusive) and Mandatory Verification of AI/Digital Citations in Judicial Orders 1. Introduction In PRINCIPAL WOODLAND...