S.362 CrPC Applies To S.138 NI Act Proceedings; Magistrate Can Recall Non-Final Orders To Ensure Fair Trial: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the provisions of Sections 362 and 311 of the Code of Criminal Procedure, 1973, cannot be said to be inapplicable to the proceedings of a complaint initiated under Section 138 of the Negotiable Instruments Act, 1881.The Court observed that since most of the sections of Chapter XVII of the NI Act start with a non-obstante clause, they apply to proceedings under Section 138 despite anything contrary in the CrPC, meaning the provisions...

LiveLaw Jammu & Kashmir And Ladakh High Court Weekly Roundup August 17 - August 23, 2026

Nominal Index:Asmat Parveen v. Islamic University of Science and Technology and Another 2026 LiveLaw (JKL) 351Albert David Limited v. Union Territory of J&K and others 2026 LiveLaw (JKL) 352Sana Aftab v. Mohtashem Billah Malik 2026 LiveLaw (JKL) 353Naeem Akhter Andrabi v. Union of India & Ors 2026 LiveLaw (JKL) 354Brahmanand Saraswati v. State (UT of J&K) & Anr 2026 LiveLaw...

J&K&L High Court Seeks Explanation From Admin Over Delay In Wetland Management Plans, Questions Why Other Ramsar Sites Were Ignored

The High Court of Jammu & Kashmir and Ladakh has directed the Government of Jammu & Kashmir to explain why it has failed to respond to a September 2025 communication from the Ministry of Environment, Forest and Climate Change concerning Integrated Management Plans (IMPs) for three wetland reserves, and why separate IMPs for those wetlands have not been resubmitted in accordance with the 2024 National Plan for Conservation of Aquatic Ecosystems (NPCA) guidelines.The Court made these...

J&K&L High Court Directs Action Against Special Tribunal Member For Allowing Compounding Of Major Building Violations

The High Court of Jammu & Kashmir and Ladakh has directed its Registry to forward a Registrar Vigilance report to the Chief Secretary of the Union Territory of Jammu and Kashmir for taking appropriate legal action against a former member of the J&K Special Tribunal, after the inquiry concluded that 65 matters were compounded for “extraneous consideration” and that major...

'Qatar Doesn't Boast Higher Education Quality Than India': J&K&L High Court Sets Aside Family Court Order Granting Custody To Father

"It is a fact of common knowledge that Delhi Public School is one of the prestigious institutions in this part of the world," court said.

J&K&L High Court Orders Prosecution Of Former Govt Employee For Using Forged Medical Certificate To Justify 7-Year Absence From Duty

The High Court of Jammu & Kashmir and Ladakh has dismissed a writ petition and ordered the prosecution of a petitioner who produced a forged medical certificate to support his claim for service benefits.The Court found that the petitioner had incorporated additional sentences in a medical certificate to justify his unauthorized absence from service for nearly seven years, and directed...

J&K&L High Court Upholds Conviction Of 84-Year-Old "Guru" For Rape Of Minor Girl

The High Court of Jammu & Kashmir and Ladakh has upheld the conviction of an 84-year-old godman/guru for committing rape upon a minor girl, holding that the prosecution had established the charge through credible ocular, documentary and expert evidence. The Court maintained the sentence awarded by the Trial Court and dismissed the appeal filed by the convict.The Court held that the...

Passport Authority's Notice To PDP Leader Naeem Akhtar Prima Facie Fails Fairness Test: J&K&L High Court Seeks RPO's Personal Appearance

The High Court of Jammu & Kashmir and Ladakh has prima facie observed that the communication issued by the Regional Passport Officer, Srinagar, requiring PDP leader Naeem Akhtar Andrabi to furnish an explanation regarding adverse police verification reports without disclosing the contents of such reports, failed to reflect the essence of a fair administrative course of action.The...

Mother's Violation Of Foreign Court Order, Relocation Of Children To India Does Not Disentitle Her From Custody: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a mother's violation of court orders and procurement of duplicate passports to relocate minor children from Qatar to India, though legally impermissible, would not by itself disentitle her to claim custody of the minor children if it is otherwise in the best interests and welfare of the children.The Court observed that the...

Jammu and Kashmir and Ladakh High Court Weekly Roundup 10th August - 17th August 2026

Nominal Index:Showkat Yousuf Shah & Ors. v. Union of India & Ors 2026 LiveLaw (JKL) 343Mymoona v. Union Territory of J&K & Ors. connected with M/s Jammu Indore Roadways v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 344Syed Bilal Ahmad Qadri v. Union Territory of J&K & Ors., WP(C) No. 1857/2026 2026 LiveLaw (JKL) 345BADAVATH KISHAN v. UNION OF INDIA &...

“Shocks Judicial Conscience” J&K&L High Court Orders Inquiry After Drug Sample Expires Without Reaching Lab In 8 Years

The Jammu and Kashmir and Ladakh High Court has observed that a drug sample whose shelf life had expired during the proceedings could not be treated as capable of meaningful re-testing.The High Court, while making these observations, directed an inquiry into lapses after the sample, stated to have been sent to the Central Drugs Laboratory, failed to reach it for almost eight years.The Court...

J&K High Court Issues Summons To JKMSCL Managing Director Over Failure To Supply Haemophilia Drug To Govt Medical Colleges

The High Court of Jammu & Kashmir and Ladakh has summoned the Managing Director of the Jammu & Kashmir Medical Supplies Corporation Limited (JKMSCL) to personally explain the shortage of life-saving anti-haemophilia drugs, Factor-VIII and Emicizumab, at Government Medical Colleges in Srinagar and Jammu.The Court observed that despite repeated reminders from the medical...