Can High Courts Quash FIRs Registered Pursuant to Magistrate Orders Under Section 156(3) CrPC When the Underlying Complaint Appears Mala Fide or Is an Abuse of Process?

High Court clarifies and reaffirms the guiding principles for quashing FIRs under Section 482 CrPC (now Section 528 BNSS) even

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October 30, 2025 | High Court of Jammu and Kashmir

Can Unsuccessful Candidates Challenge a Recruitment Selection Process After Participation by Alleging Non-Disclosure of Vacancies or Procedural Irregularities? — Precedent Affirmed by High Court

The High Court has reaffirmed that candidates who participate in a selection process without protest cannot later challenge the process

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October 25, 2025 | High Court of Jammu and Kashmir

Does the Jurisdiction of the J&K Lakes Conservation and Management Authority Prevail Over Panchayati Raj Authorities for Building Permissions in Block Harwan? Affirmation of Existing Statutory Framework and Precedent on Competent Authority Under Overlapping Jurisdictions

Court reaffirms that areas falling within the jurisdiction of the J&K Lakes Conservation and Management Authority (LCMA) are excluded from

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October 23, 2025 | High Court of Jammu and Kashmir

Can a Writ Petition Be Dismissed for Non-Prosecution When Maintainability Remains Unaddressed?

The High Court reiterated that non-prosecution—demonstrated by repeated non-appearance and failure to address queries on maintainability—justifies dismissal of a writ

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October 23, 2025 | High Court of Jammu and Kashmir

Is Failure to Communicate the Rejection of a Detenu’s Representation within a Reasonable Time a Sufficient Ground to Vitiate Preventive Detention Orders under the Jammu and Kashmir Public Safety Act?

The High Court of Jammu & Kashmir holds that non-communication or delayed communication of the government’s decision on a detenu’s

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October 23, 2025 | High Court of Jammu and Kashmir

Can an FIR Be Quashed on Grounds That It Originates from a Civil Dispute or Was Registered Following a Forwarding by an Executive Magistrate? — Reaffirmation of Precedent on Registration of FIRs and Scope of Section 482 CrPC

The Court reaffirmed that police are duty-bound under Section 154 CrPC to register an FIR on receiving information of a

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October 23, 2025 | High Court of Jammu and Kashmir

Can High Courts Quash Non-Compoundable Offences under Section 482 CrPC Based on Settlement? Clarification and Application of Supreme Court Guidelines

High Court clarifies and affirms, following Supreme Court precedent, that inherent powers under Section 482 CrPC may be exercised to

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October 23, 2025 | High Court of Jammu and Kashmir

When Is Preventive Detention for Drug-Related Offences Justified Under the PITNDPS Act? Scope, Procedural Safeguards, and Judicial Review – Existing Principles Reaffirmed by the High Court

The High Court reaffirmed that preventive detention orders under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances

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October 23, 2025 | High Court of Jammu and Kashmir

Can a High Court Review Its Own Judgment After Summary Dismissal of SLP by the Supreme Court?

A High Court judgment does not merge with a Supreme Court order dismissing an SLP without reasons; such summary dismissal

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October 23, 2025 | High Court of Jammu and Kashmir

Can Preventive Detention for Illicit Drug Trafficking Be Sustained Solely on Past Criminal Cases and Procedural Compliance? — Reaffirmation of Subjective Satisfaction and Procedural Safeguards under PITNDPS Act

The High Court clarifies that preventive detention orders under the PITNDPS Act can be sustained based on the subjective satisfaction

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October 23, 2025 | High Court of Jammu and Kashmir