Disciplinary Authority Cannot Reopen Concluded Misconduct Proceedings Without Statutory Review Power; Repeated Enquiries on Same Allegations Barred Case: ISHFAQ AHMAD WANI v. CHAIRMAN LEGISLATIVE...
Drug & Cosmetics Act—Section 34 Nomination as the Primary Anchor of Vicarious Liability; “Bald” Director Averments Insufficient for Prosecution Case: Amit Kumar Bansal and Ors. v. Sanjeev Kumar Gupta...
Bail in Murder Trials: Prolonged Undertrial Incarceration and Trial Delay as Article 21 Grounds Despite Gravity of Offence 1. Introduction The decision in Bhopinder Singh v. UT of J and K through...
Anticipatory Bail under SC/ST Act Bar: Courts May Scrutinize Available Electronic Evidence to Test Prima Facie Caste-Humiliation Allegations Case: SANTOSHA DEVI v. UT OF J AND K TH DY SP HEADQUARTER...
Further Investigation Can Be Directed Post-Cognizance Until Charges; Supplementary Report Must Follow Section 173(2) CrPC 1) Introduction In Subash Chander Sharma v. S.H.O. P/S Anti Corruption Bureau...
UAPA Bail: Uncorroborated Approver/Co-accused Confessions and No Recovery Fail the “Prima Facie True” Threshold Case: AMIN ALLAIE TH RUBINA v. NATIONAL INVESTIGATION AGENCY JAMMU Court: High Court of...
Section 528 BNSS: “Non‑coercive” Interim Protection Does Not Freeze Investigation; Merger of Complaints Not a Standalone Ground to Quash FIR Case: GULZAR AHMAD GANIE AND ORS. v. UNION TERRITORY...
Section 195 Cr.P.C. Bar Operates at Cognizance (Not FIR Stage): Premature Section 482 Challenges to Lockdown-Prosecution 1. Introduction In Mushtaq Ahmad Ganie v. Union Territory of Jammu and Kashmir...
Non-Statutory Transfer Guidelines Create No Enforceable Right; Mala Fides in Transfer Must Be Specifically Pleaded and Proven 1. Introduction The decision in Gaganpreet Singh Wazir v. Food...
Preventive Detention under the J&K Public Safety Act Requires Fresh, Proximate Material and Independent Application of Mind—Mechanical “Dossier-as-Grounds” Detentions are Illegal 1. Introduction In...
Preventive Detention under the J&K PSA: Referenced (but Not Relied-Upon) FIRs Need Not Be Supplied and DSB Intelligence May Be Withheld under Section 13(2) 1. Introduction This judgment of the Jammu...
Disciplinary Authority as Enquiry Officer: Inquiry Vitiated Where Authority Also Acts as Prosecutor and Denies Cross‑Examination; No Fresh Inquiry After Superannuation Without Enabling Rule 1)...
Juvenile Bail Under Section 12 JJ Act Can Be Denied for “Ends of Justice” in Heinous/National Security Offences 1. Introduction The decision in Anjum Mehmood v. UT of J and K th Incharge Police...
Humanitarian Mandamus to Retrieve a Deported Long-Term Visa Holder to Pursue Citizenship Under Section 5(1)(d) of the Citizenship Act, 1955 1. Introduction In Sajjad Ahmed v. Union of India th...
Non-application of Mind and Contradictory Custody Records Vitiate Preventive Detention under the J&K Public Safety Act 1. Introduction The decision in MUDASIR AHMAD BHAT v. UNION TERRITORY OF J AND K...
Owner Not Presumed Liable for Defamation Without Specific Allegations; Statutory Presumption Attaches to the “Editor” Under the Press and Registration of Books Act, 1867 1. Introduction In SANJAY...
Limitation for Section 18 Reference Cannot Be Defeated by State’s Failure to Notify Award and Tender Compensation Case: GHULAM MOHAMMAD RAH AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE...
Unauthorised Decades-Long Occupation of Private Land for Highways: NHAI Must Initiate Acquisition or Restore Possession 1. Introduction In Ch. Mohd. Sadiq v. Union of India th Ministry of Housing and...
Pension Credited to Bank Account Treated as “Received”: Recoverable for Guarantor’s Debt; Writ Remedy Barred in Pure Contractual Recovery 1. Introduction The decision in CHUNI LAL v. JAMMU AND...
Interim Status Quo Ante (Including Restoration of Possession) in Migrant-Property Evictions: Estoppel Not to Defeat Writ Interim Relief, and District Magistrate’s “Persona Designata” Duty of...