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Jammu and Kashmir High Court Case Commentaries

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...
Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006

Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006

Date: Jan 4, 2025
Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006 Introduction In Radhika Pruthi v. Cantonment Board, through its Chief...
Enhanced Procedural Compliance in NDPS Seizure and Sampling: Upholding the Burden of Proof

Enhanced Procedural Compliance in NDPS Seizure and Sampling: Upholding the Burden of Proof

Date: Jan 4, 2025
Enhanced Procedural Compliance in NDPS Seizure and Sampling: Upholding the Burden of Proof Introduction The case of STATE OF J AND K TH SHO POLICE STATION KATHUA v. FARMAN ALI AND ANOTHER brings to...
Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief

Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief

Date: Jan 4, 2025
Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief Introduction The judgment in the matter of STATE OF J AND K AND ORS. (POWER DEVELOPMENT) v....
Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification

Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification

Date: Jan 4, 2025
Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification Introduction In the case of BHARAT BHUSHAN v. ANTI CORRUPTION BUREAU JAMMU TH SSP...
Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr.

Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr.

Date: Jan 4, 2025
Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr. Introduction The case of Shahid Ahmad Bhat v. Union Territory of...
The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA

The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA

Date: Jan 4, 2025
The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA 1. Introduction This commentary analyzes the Jammu and Kashmir High Court’s Judgment in the case of Hilal Ahmad Mir...
The Affirmation of Authorized Government Representation in Arbitration Challenges

The Affirmation of Authorized Government Representation in Arbitration Challenges

Date: Jan 4, 2025
The Affirmation of Authorized Government Representation in Arbitration Challenges Introduction This commentary examines the recent decision of the High Court of Jammu & Kashmir and Ladakh in the case...
The Principle of Consortium Unity and Locus Standi in Contractual Disputes

The Principle of Consortium Unity and Locus Standi in Contractual Disputes

Date: Jan 3, 2025
The Principle of Consortium Unity and Locus Standi in Contractual Disputes 1. Introduction The present commentary discusses the Judgment delivered by the High Court of Jammu & Kashmir and Ladakh in...
Malice-Afflicted Preventive Detention and Judicial Oversight: A Landmark Ruling on Fundamental Liberty

Malice-Afflicted Preventive Detention and Judicial Oversight: A Landmark Ruling on Fundamental Liberty

Date: Jan 3, 2025
Malice-Afflicted Preventive Detention and Judicial Oversight: A Landmark Ruling on Fundamental Liberty Introduction The present Judgment from the Jammu & Kashmir High Court, delivered on January 2,...
Ensuring the Procedural Integrity of Confessional Evidence under Section 32 of POTA

Ensuring the Procedural Integrity of Confessional Evidence under Section 32 of POTA

Date: Jan 1, 2025
Ensuring the Procedural Integrity of Confessional Evidence under Section 32 of POTA Introduction The judgment in Farid Ahmed v. State of Jammu & Kashmir, delivered by the Jammu and Kashmir High Court...
Strict Timeliness of Demand Notice under Section 138: A Landmark Precedent

Strict Timeliness of Demand Notice under Section 138: A Landmark Precedent

Date: Dec 31, 2024
Strict Timeliness of Demand Notice under Section 138: A Landmark Precedent Introduction The judgment in Kulbhushan Gupta v. Bishambar Ram before the Jammu & Kashmir High Court introduces a pivotal...
Distinguishing Pension Rights Between Piece-Rated and Regular Employees

Distinguishing Pension Rights Between Piece-Rated and Regular Employees

Date: Dec 28, 2024
Distinguishing Pension Rights Between Piece-Rated and Regular Employees Introduction This commentary examines the recent decision in the case of Mohammad Yousuf Mir & Ors. v. Union Territory of J&K &...
Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act

Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act

Date: Nov 30, 2024
Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act Introduction The judgment in Dalip Thusu and Another v. U T of J and K Th SSP Anti...
Mandamus Enforces Merit-Based Appointments: RAVINDER SINGH v. J & K State Sports Council

Mandamus Enforces Merit-Based Appointments: RAVINDER SINGH v. J & K State Sports Council

Date: Jun 6, 2023
Mandamus Enforces Merit-Based Appointments: RAVINDER SINGH v. J & K State Sports Council Introduction The case of Ravinder Singh v. J & K State Sports Council and Others was adjudicated by the Jammu...
Qualification Criteria in Public Recruitment: J&K Service Selection Board v. Basit Aslam Wani

Qualification Criteria in Public Recruitment: J&K Service Selection Board v. Basit Aslam Wani

Date: Oct 14, 2020
Qualification Criteria in Public Recruitment: J&K Service Selection Board v. Basit Aslam Wani Introduction The case of J & K Service Selection Recruitment Board and Anr. v. Basit Aslam Wani and Ors....
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