Sarwa Zahoor & Anr. vs Deputy Director, Directorate of Enforcement and another, 2025 2025 LiveLaw (JKL) 292

Union of India vs Nirman Singh Jamwal & Connected matters 2025 LiveLaw (JKL) 293

Abdul Rashid Khan Vs State of J&K 2025 LiveLaw (JKL) 294

MRS. SHABEENA IBRAHIM THE HONGKONG & SHANGHAI BANKING CORPORATION LIMIT Vs MIR USMAN DISOOKI 2025 LiveLaw (JKL) 295

Mohd Ashraf Wagay vs UT of J& 2025 LiveLaw (JKL) 296

Kehar Singh Ors vs Union Territory of J&K & Ors LiveLaw 2025 (JKL) 297

Commissioner Secretary to Government, Department of Rural Development & PR, Civil Secretariat vs Ryaz Ahmed 2025 LiveLaw (JKL) 298

Abdul Khaliq Sofi Vs Mohammad Shafi Mir 2025 LiveLaw (JKL) 299

Maruti Suzuki India Ltd Vs Mohammad Ashraf Khan 2025 LiveLaw (JKL) 300

Senior Superintendent of Police, Economic Offences Wing, Kashmir v. Shafiqa Muneer & Another 2025 LiveLaw (JKL) 301

National Insurance Company Limited Vs. Mala Bashir & Others 2025 LiveLaw (JKL) 302

Ishtiaq Ahmad Mir & Others v. Custodian General & Another 2025 LiveLaw (JKL) 303

Ghulam Mohammad Reshi @Gulla Vs Smt Kamla Ji & Ors 2025 LiveLaw (JKL) 304

M/s Ukas Goods Carrier vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 305

Zahoor Ahmad Rada & Ors. vs UT of J&K 2025 LiveLaw (JKL) 306

Arfaz Mehboob Tak Vs Union of India 2025 LiveLaw (JKL) 307

WASEEM AHMAD DAR Vs UT OF J&K & ORS 2025 LiveLaw (JKL) 308

Abdul Khaliq Nengroo vs Collector Land Acquisition Pulwama 2025 LiveLaw (JKL) 309

M/s Gogi Motor Store Vs Citizen's Co-operative Bank 2025 LiveLaw (JKL) 310

Dr. Mohammad Himayun through Attorney Abdul Gani Bhat Vs Nishat Ara & Ors 2025 LiveLaw (JKL) 311

Farooq Ahmed Sheikh Vs Financial Commissioner Revenue 2025 LiveLaw (JKL) 312

Residents of Village Silgam Vs UT Of J&K, United Auqaf Committees Aishmuqam Pahalgam Vs UT Of J&K 2025 LiveLaw (JKL) 313

Residents of Village Siligam, Adhard vs Union Territory of Jammu & Kashmir 2025 LiveLaw (JKL) 314

Sanjay Kumar & Anr Vs State of J&K 2025 LiveLaw (JKL) 315

MEHRAJ AHMAD GANAI AND ANR. Vs MST. SARA BEGUM & ORS 2025 LiveLaw (JKL) 316

U. T. of J&K and others vs. Kashmir Singh 2025 LiveLaw (JKL) 317

M/s Rightway Construction Company Vs UT Of J&K 2025 LiveLaw (JKL) 318

Sher-e-Kashmir University of Agriculture Sciences and Technology and another Vs Dr Robinder Nath Koul & Ors 2025 LiveLaw (JKL) 319

Abdul Majeed Parray & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 320

Tafazul Fazili Vs Sabzar Ahmad Bandh 2025 LiveLaw (JKL) 321

UT of J&K vs Som Raj 2025 LiveLaw (JKL) 322

Vikas Dhar Vs Financial Commissioner Revenue & Ors 2025 LiveLaw (JKL) 323

Akhand Prakash Shahi Vs Union of India 2025 LiveLaw (JKL) 324

Mian Abdul Qayoom Vs UT Of J&K 2025 LiveLaw (JKL) 325

Pyare Lal Bhat & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 326

Ghulam Mohi-ud-Din Sheikh Vs State of J&K 2025 LiveLaw (JKL) 327

Radha Krishen Vs UT of J&K 2025 LiveLaw (JKL) 328

Vikas Bharti Vs Punjab National Bank 2025 LiveLaw (JKL) 329

District Kathua Cricket Association & others Vs Board of Control for Cricket in India and others 2025 LiveLaw (JKL) 330

HAKEEM IRFAN AND ORS VS. CHAIRMAN J&K BANK Ltd. AND ORS 2025 LiveLaw (JKL) 331

Oasis Girls School Vs XXX 2025 LiveLaw (JKL) 332

Basharat Ahmad Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 333

Abdul Gani Ganai Vs Habibullah Ganai 2025 LiveLaw (JKL) 334

Dharmarth Trust J&K Vs Industrial Tribunal & Anr 2025 LiveLaw (JKL) 335

Irfan Yousuf Vs IIT Jammu, Nagrota Campus & Ors 2025 LiveLaw (JKL) 336

Residents of Seenthakran, Tehsil & District Udhampur Vs UT Of J&K 2025 LiveLaw (JKL) 337

Mehbooba Mufti Vs Union of India 2025 LiveLaw (JKL) 338

Union Territory of J&K vs SRM Contractors Ltd 2025 LiveLaw (JKL) 339

Kafil Ahmad Mangral Vs Union of India 2025 LiveLaw (JKL) 340

UT Of J&K Vs Bashir Ahmad Mir 2025 LiveLaw (JKL) 341

Sunny Kashyap Vs UT Of J&K 2025 LiveLaw (JKL) 342

Ghulam Rasool Baba Vs Principal Secretary To Govt & Anr 2025 LiveLaw (JKL) 343

Bajaj Allianz General Insurance Company V/s M/s Hollywood ornaments at Hari Singh High Street, Sgr 2025 LiveLaw (JKL) 344

Ghulam Nabi Ganai Vs UT Of J&K 2025 LiveLaw (JKL) 345

Sajad Ahmad Malik Vs Gulzar Ahmad Wani 2025 LiveLaw (JKL) 346

TC Tours Limited v. Union Territory of J&K and Ors 2025 LiveLaw (JKL) 347

Zaffer Abbas Din Vs UT Of J&K 2025 LiveLaw (JKL) 348

M/S Sohrab Iqbal Goni (JV) Vs. Director, Transport J&K Economic Reconstruction Agency 2025 LiveLaw (JKL) 349

Shakeel Ur Reham Vs SHO Womens PS Anantnag 2025 LiveLaw (JKL) 350

Shameema Begum Vs PS Bijhama 2025 LiveLaw (JKL) 351

Abdul Majeed Bhat Vs Commissioner Secretary General Administration Department 2025 LiveLaw (JKL) 352

Jatinder Kumar Vs UT Of J&K 2025 LiveLaw (JKL) 353

Balwinder Kumar Vs UT Of J&K 2025 LiveLaw (JKL) 354

Judgments/Orders

Appellate Tribunal Under PMLA Empowered To Remand Matter Back To Adjudicating Authority: J&K&L High Court

Case-Title: Sarwa Zahoor & Anr. vs Deputy Director, Directorate of Enforcement and another, 2025

Citation: 2025 LiveLaw (JKL) 292

The Jammu & Kashmir High court held that the Appellate Tribunal under the Prevention of Money Laundering Act, 2002 (PMLA) possesses inherent powers to remand matters back to the Adjudicating Authority after setting aside a confirmation order, as a necessary concomitant to its appellate jurisdiction.

'Disability Presumed Attributable To Service Unless Proved Otherwise': J&K&L High Court Upholds Disability Pension For Soldier

Case-Title: Union of India vs Nirman Singh Jamwal & Connected matters, 2025

Citation: 2025 LiveLaw (JKL) 293

The Jammu & Kashmir High Court held that once a soldier is enrolled in a medically fit condition and subsequently develops disabilities during service, the disability is presumed attributable to or aggravated by service unless the Army proves otherwise.

Civil Court Jurisdiction Prevails Over Revenue Authorities In Property Disputes: J&K&L High Court Quashes Revenue Orders

Case Title: Abdul Rashid Khan Vs State of J&K

Citation: 2025 LiveLaw (JKL) 294

Reaffirming the legal principle that civil courts exercise superior and overriding jurisdiction over revenue authorities in disputes involving title, possession, or civil rights over immovable property, the High Court of Jammu & Kashmir and Ladakh quashed three revenue orders passed against a landowner.

Payment To 'Either' Or 'Surviving' Joint Account Holder Is Full Discharge Of Bank's Liability: J&K&L High Court

Case Title: MRS. SHABEENA IBRAHIM THE HONGKONG & SHANGHAI BANKING CORPORATION LIMIT Vs MIR USMAN DISOOKI

Citation: 2025 LiveLaw (JKL) 295

The High Court of Jammu & Kashmir and Ladakh held that when a joint bank account carries the “either or survivor” mandate, payment of the matured deposit to the surviving account holder constitutes a complete and valid discharge of the bank's liability.

J&K&L High Court Denies Bail In NDPS Case; Says 32-Month Abscondence Bars Accused From Invoking Prolonged Incarceration Jurisprudence

Case-Title: Mohd Ashraf Wagay vs UT of J&K

Citation: 2025 LiveLaw (JKL) 296

The Jammu & Kashmir and Ladakh High Court refused to grant bail to an accused facing trial under the NDPS Act, holding that the delay in conclusion of the trial was entirely attributable to the accused himself, who absconded for nearly two-and-a-half years, thereby disabling him from invoking Article 21's right to speedy trial or relying on the Supreme Court's jurisprudence on prolonged incarceration.

'GST Is Fiscal Compliance, Not Regulatory Exemption': J&K High Court Says Brick Dealers Still Need Licence Under Brick Kiln Act

Cause-Title: Kehar Singh Ors vs Union Territory of J&K & Ors.

Citation: LiveLaw 2025 (JKL) 297

The Jammu & Kashmir High Court upheld the validity of the Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 and the 2017 Rules, ruling that the regulatory framework applies not only to manufacturers but also to brick dealers, rejecting challenges raised by multiple petitioners.

Letters Patent Appeal Not Maintainable Against Interlocutory Orders In Contempt Proceedings: J&K&L High Court

Case-Title: Commissioner Secretary to Government, Department of Rural Development & PR, Civil Secretariat vs Ryaz Ahmed,

Citation: 2025 LiveLaw (JKL) 298

The Jammu & Kashmir High Court held that a Letters Patent Appeal (LPA) does not lie against interlocutory orders passed in contempt proceedings, reiterating that an appeal under Section 19(1) of the Contempt of Courts Act is maintainable only where the Court has actually imposed punishment for contempt.

Determination Of Possession Rights In Plaintiff's Injunction Suit Satisfies Due Process, Separate Eviction Suit Not Needed: J&K High Court

Case Title: Abdul Khaliq Sofi Vs Mohammad Shafi Mir

Citation: 2025 LiveLaw (JKL) 299

Observing that due process of law is satisfied the moment a competent court adjudicates rights of the parties, the High Court of Jammu & Kashmir and Ladakh held that “once a person in possession brings a suit for injunction against a person who interferes in his possession and his rights are determined in the said suit, it is not necessary for the defendants to bring a fresh suit for eviction”.

Once Defect Is Noticed Within Warranty Period, Both Dealer & Manufacturer Are Jointly Liable For Deficiency In Service: J&K&L High Court

Case Title: Maruti Suzuki India Ltd Vs Mohammad Ashraf Khan

Citation: 2025 LiveLaw (JKL) 300

Highlighting the legal obligations of both dealers and manufacturers to resolve defects within the prescribed warranty period the Jammu and Kashmir and Ladakh High Court held that once a defect is identified within the warranty period, both the dealer and the manufacturer are jointly and severally liable for the deficiency in service.

Magistrate Cannot Direct Economic Offences Wing To Investigate Custodial Torture Allegations: J&K&L High Court

Case Title: Senior Superintendent of Police, Economic Offences Wing, Kashmir v. Shafiqa Muneer & Another

Citation: 2025 LiveLaw (JKL) 301

The High Court of Jammu & Kashmir and Ladakh held that the Economic Offences Wing, Srinagar, has no authority under the applicable notification to investigate allegations relating to custodial torture and killing.

The Court observed that a Magistrate is empowered to direct an investigation only by an agency having jurisdiction over the offence alleged.

Insurer Cannot Rely On Hidden Exclusions To Defeat Consumer's Legitimate Expectations Under Insurance Policy: J&K&L High Court

Case Title: National Insurance Company Limited Vs. Mala Bashir & Others

Citation: 2025 LiveLaw (JKL) 302

The High Court of Jammu & Kashmir and Ladakh held that an insurer cannot deny coverage for Storm, Tempest, Flood and Inundation (STFI) perils on the ground that no separate premium was paid, when the policy issued is styled as a comprehensive cover including special perils.

Allotment Of Evacuee Property Confers Only Temporary Licence, Not Leasehold Rights: J&K&L High Court

Cause Title: Ishtiaq Ahmad Mir & Others v. Custodian General & Another

Citation: 2025 LiveLaw (JKL) 303

The High Court of Jammu & Kashmir and Ladakh held that an allotment under the J&K Evacuees (Administration of Property) Act merely creates a temporary licence, terminable in accordance with statutory provisions.

Civil Courts Cannot Interfere In Agrarian Resumption Cases, Only Revenue Authorities Have Jurisdiction: J&K&L High Court

Case Title: Ghulam Mohammad Reshi @Gulla Vs Smt Kamla Ji & Ors

Citation: 2025 LiveLaw (JKL) 304

“Matters arising out of the Agrarian Reforms Act especially resumption proceedings fall exclusively within the domain of Revenue Authorities, and civil courts lack jurisdiction to interfere, even at the injunction stage,” held the High Court of Jammu & Kashmir and Ladakh while dismissing a petition filed by two litigants challenging concurrent findings of the courts below.

GST Demand Cannot Exceed Amount Mentioned In Show Cause Notice: J&K&L High Court

Case Title: M/s Ukas Goods Carrier vs Union Territory of J&K & Ors.

Citation: 2025 LiveLaw (JKL) 305

The Jammu & Kashmir and Ladakh High Court held that a tax demand under GST cannot exceed the amount mentioned in the show cause notice and that doing so violates basic principles of fairness.

Failure To Provide Sample & Report To Accused Vitiates Trial Under Drugs Act: J&K&L High Court

Case-Title: Zahoor Ahmad Rada & Ors. vs UT of J&K

Citation: 2025 LiveLaw (JKL) 306

The Jammu & Kashmir and Ladakh High Court quashed criminal proceedings initiated under the Drugs and Cosmetics Act against a petitioner, holding that mandatory safeguards prescribed under the statute, namely furnishing of a portion of the sample and a copy of the Government Analyst's report to the accused, were violated.

“Reasonable Grounds” To Grant Bail Pending Trial In NDPS Cases Cannot Be Interpreted As 'Proof' Under BSA: J&K High Court

Case Title: Arfaz Mehboob Tak Vs Union of India

Citataion: 2025 LiveLaw (JKL) 307

Underscoring the importance of a balanced interpretation of "reasonable grounds" in the context of bail applications, the Jammu and Kashmir and Ladakh High Court emphasized that such grounds must go beyond mere suspicion yet fall short of conclusive proof.

'Anti-National' Posts/Chats On Facebook Justified Preventive Custody: J&K&L High Court Declines Detainee's Plea

Case-Title: WASEEM AHMAD DAR Vs UT OF J&K & ORS

Citation: 2025 LiveLaw (JKL) 308

The Jammu and Kashmir High Court upheld a preventive detention order passed against a detainee accused of posting content on Facebook that raised security concerns, observing that the decision of the detaining authority was not mechanical, but based on material that could reasonably lead to satisfaction that preventive custody was necessary.

Concept Of 'Tentative Award' Is Foreign To Land Acquisition Act: J&K&L High Court Upholds Landowners' Right To Seek Reference

Case-Title: Abdul Khaliq Nengroo vs Collector Land Acquisition Pulwama

Citation: 2025 LiveLaw (JKL) 309

The Jammu & Kashmir High Court held that the Land Acquisition Act does not recognise the concept of a “tentative award”, clarifying that what is often referred to as such is merely a tentative assessment of compensation subject to approval of the competent authority.

SARFAESI Act | Borrower's Right To Redeem Secured Asset Ends With Publication Of Auction Notice: J&K&L High Court

Case Title: M/s Gogi Motor Store Vs Citizen's Co-operative Bank

Citation: 2025 LiveLaw (JKL) 310

Reaffirming of the legal bar under the amended Section 13(8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the High Court of Jammu & Kashmir and Ladakh has held that a borrower's right to redeem a secured asset stands extinguished the moment the Auction Notice is published, if dues are not cleared before such publication.

J&K&L High Court Slams 82-Year-Old 'Habitual Litigator' For Abusing Legal Process; Dismisses Plea With ₹2 Lakh Costs

Case Title: Dr. Mohammad Himayun through Attorney Abdul Gani Bhat Vs Nishat Ara & Ors

Citation: 2025 LiveLaw (JKL) 311

The High Court of Jammu & Kashmir and Ladakh dismissed a plea filed by an 82-year-old Attorney Holder Abdul Gani Bhat, imposing ₹2 lakh exemplary costs while warning that his conduct of filing habitual pleas poses a serious threat to the administration of justice.

No Parallel Proceedings; Revenue Authorities Should Step Aside Once Civil Court Takes Up Dispute: J&K&L High Court

Case Title: Farooq Ahmed Sheikh Vs Financial Commissioner Revenue

Citation: 2025 LiveLaw (JKL) 312

The High Court of Jammu & Kashmir and Ladakh held that revenue authorities cannot run concurrent proceedings once a civil court has already seized a dispute. Court noted that this principle was violated in a Kupwara land-pathway dispute where both sides simultaneously sought remedies before different forums.

“13 Yrs Lost To Administrative Paralysis”: J&K&L High Court Slams Govt For Delay In Establishing Degree College In Pahalgam Constituency

Case Title: Residents of Village Silgam Vs UT Of J&K, United Auqaf Committees Aishmuqam Pahalgam Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 313

The Jammu & Kashmir and Ladakh High Court, in a powerfully worded judgment, expressed deep anguish over more than a decade of administrative indecision that prevented the establishment of a sanctioned Government Degree College in the Pahalgam constituency.

Courts Must Be Judicious While Granting Interim Relief In Matters Involving Public Infrastructure & Welfare Schemes: J&K&L High Court

Case-Title: Residents of Village Siligam, Adhard vs Union Territory of Jammu & Kashmir

Citation: 2025 LiveLaw (JKL) 314

The Jammu & Kashmir and Ladakh High Court flagged delays that stalled the establishment of the Aishmuqam Degree College for more than a decade, resulting in what the Court described as “avoidable hardship” and “educational loss” to successive batches of students.

Proof Of Occurrence Crucial, Victim's Minority Cannot Rescue Doubtful Prosecution: J&K&L High Court Acquits Gang Rape Accused

Case Title: Sanjay Kumar & Anr Vs State of J&K

Citation: 2025 LiveLaw (JKL) 315

The Jammu & Kashmir and Ladakh High Court ruled that where the prosecution fails to prove the very occurrence of the alleged crime through clear, cogent and uncontradictory evidence, the minority of the alleged victim cannot be invoked as a fallback to sustain conviction.

Dismissal Of Appeal As Withdrawn Not Compromise Decree Unless Court Passes Decree Under Order 23 Rule 3 CPC: J&K&L High Court

Case-Title: MEHRAJ AHMAD GANAI AND ANR. Vs MST. SARA BEGUM & ORS

Citation: 2025 LiveLaw (JKL) 316

The Jammu & Kashmir High Court held that an appellate order dismissing an appeal as withdrawn does not amount to a compromise decree merely because a written compromise was placed on record, unless the court records its satisfaction and passes a decree in terms of the compromise as required under Order XXIII Rule 3 of the Code of Civil Procedure.

Umadevi Judgment Not A Shield For Perpetual Temporary Employment: J&K HC

Case Name : U. T. of J&K and others vs. Kashmir Singh

Citation: 2025 LiveLaw (JKL) 317

A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal held that daily rated worker engaged prior to 31-03-1994 and continuously employed for decades cannot be denied regularization under SRO-64 on the pretext of being a casual labourer. Further, the Umadevi Judgment cannot be invoked to justify perpetual temporary employment for permanent work.

Contractor Not Responsible For Dept's Failure To Obtain Administrative Approvals; Govt Must Clear Admitted Dues: J&K&L High Court

Case Title: M/s Rightway Construction Company Vs UT Of J&K

Citation; 2025 LiveLaw (JKL) 318

The Jammu and Kashmir and Ladakh High Court emphasized that it is not the job of a contractor to ensure that all administrative approvals, technical sanctions, or legal formalities are completed before undertaking contractual obligations.

Migrant Status Cannot Dilute Career Progression Once Eligibility Is Met: J&K&L High Court Upholds Retrospective CAS Promotions

Case Title: Sher-e-Kashmir University of Agriculture Sciences and Technology and another Vs Dr Robinder Nath Koul & Ors

Citation: 2025 LiveLaw (JKL) 319

The Jammu & Kashmir and Ladakh High Court held that migrant status cannot be used to dilute career progression once eligibility for promotion is established under statutory rules.

Pension | Employees Of Different Institutions Cannot Claim Parity In Service Merely Because Both Are Funded From Same Source: J&K&L High Court

Case Title: Abdul Majeed Parray & Ors Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 320

The Jammu & Kashmir and Ladakh High Court held that employees of two different institutions cannot claim parity in service conditions merely because both are funded from the same source.

Justice Sanjay Dhar made this observation while dismissing a batch of writ petitions filed by serving and retired employees of J&K Sainik School who had sought extension of pensionary benefits on par with government employees and employees of other Sainik Schools across the country.

S.143A NI Act Orders Not Interlocutory In Nature, Amenable To Revision Before Session's Court: J&K&L High Court

Case Title: Tafazul Fazili Vs Sabzar Ahmad Bandh

Citation: 2025 LiveLaw (JKL) 321

Reinforcing the procedural safeguards available to both complainants and accused in cheque dishonour cases, the Jammu & Kashmir and Ladakh High Court has held that an order passed by a Magistrate on an application under Section 143A of the Negotiable Instruments Act, 1881 is not an interlocutory order but an intermediate order, and therefore amenable to revision before the Sessions Court.

Denying Regularisation To Daily Wager After Extracting Work For Over 34 Years Is Illegal, Inequitable: J&K&L High Court

Case-Title: UT of J&K vs Som Raj

Citation: 2025 LiveLaw (JKL) 322

The Jammu, Kashmir & Ladakh High Court dismissed the Union Territory's challenge to the regularisation of a daily wager, holding that denial of regularisation after extracting work for more than three decades would be illegal, inequitable, and contrary to the welfare obligations of the State.

Revisional Powers Must Be Exercised Within Reasonable Time Even In Fraud Cases; Merits Cannot Justify Gross Delay: J&K&L High Court

Case Title: Vikas Dhar Vs Financial Commissioner Revenue & Ors

Citation: 2025 LiveLaw (JKL) 323

The High Court of Jammu & Kashmir and Ladakh quashed an order of the Financial Commissioner (Revenue) which had reopened and annulled revenue mutations after more than four decades.

Justice Javed Iqbal Wani, while allowing a writ petition, held that revisional powers whether invoked in cases of fraud or otherwise must be exercised within a reasonable period, and that merits of a case cannot be used as a justification to condone gross delay.

BSF Rules | Court Of Inquiry Is Preliminary Fact Finding Exercise, Not Disciplinary Trial Which Can Cause Prejudice: J&K&L High Court

Case Title: Akhand Prakash Shahi Vs Union of India

Citation: 2025 LiveLaw (JKL) 324

The Jammu & Kashmir and Ladakh High Court held that such an inquiry is only a fact-finding mechanism intended to assist authorities in deciding the future course of action and does not amount to initiation of departmental proceedings.

J&K&L High Court Rejects Medical Bail Plea Of Former Bar President Mian Abdul Qayoom, Says He Is Provided Specialised Treatment

Case Title: Mian Abdul Qayoom Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 325

The Jammu and Kashmir and Ladakh High Court dismissed the appeal filed by former Bar Association President Mian Abdul Qayoom seeking bail on medical and humanitarian grounds, holding that the record clearly demonstrates that he has been all along being provided with the advance and specialised treatment whenever necessitated and that no life-threatening medical emergency exists warranting his release at this stage.

'Fought For Justice, Got Justice, Then Lost Justice': J&K&L High Court Restores Seniority Of 1979 Police Recruits After Nearly Four Decades

Case Title: Pyare Lal Bhat & Ors Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 326

The Jammu and Kashmir and Ladakh High Court allowed a long-pending Letters Patent Appeal filed by a batch of 1979 direct recruit Sub Inspectors of the Jammu and Kashmir Police, sharply criticising the manner in which binding judicial verdicts were repeatedly diluted through subsequent litigation and administrative actions.

“Judicial Process Cannot Be Used To Stall Lawful Rehabilitation”: J&K&L High Court Vacates 12-Year Stay On Shop Allotments In Srinagar

Case Title: Ghulam Mohi-ud-Din Sheikh Vs State of J&K

Citation: 2025 LiveLaw (JKL) 327

The High Court of Jammu & Kashmir and Ladakh High Court dismissed a writ petition challenging the rehabilitation and allotment process of shops in the Sector-6 Shopping Complex, Batamaloo, Srinagar, holding that the litigation was misconceived, devoid of merit, and had resulted in enormous loss to the public exchequer as well as grave prejudice to genuine claimants .

Litigant Who Withholds Material Facts Or Attempts To Mislead Court Forfeits His Right To Be Heard On Merits: J&K&L High Court

Case Title: Radha Krishen Vs UT of J&K

Citation: 2025 LiveLaw (JKL) 328

The Jammu & Kashmir and Ladakh High Court observed that litigant who withholds or suppresses material facts while approaching the Court disentitles himself from being heard on merits and cannot seek or claim any equitable or discretionary relief under Article 226 of the Constitution.

J&K&L High Court Flags Borrowers' Misuse Of Courts To Stall Loan Recovery; Says Conduct Defeats SARFAESI Act's Purpose

Case Title: Vikas Bharti Vs Punjab National Bank

Citation: 2025 LiveLaw (JKL) 329

Deploring the growing tendency of defaulting borrowers to misuse judicial remedies to stall recovery of public money, the High Court of Jammu & Kashmir and Ladakh held that such conduct strikes at the very purpose of the SARFAESI Act.

J&K&L High Court Dismisses Plea By District Cricket Bodies Seeking Inclusion In JKCA Electoral College; Says No Enforceable Right

Case Title: District Kathua Cricket Association & others Vs Board of Control for Cricket in India and others

Citation: 2025 LiveLaw (JKL) 330

The High Court of Jammu & Kashmir and Ladakh dismissed a writ petition filed by District Kathua Cricket Association and other District Cricket Associations, seeking inclusion in the Electoral College of the Jammu and Kashmir Cricket Association (JKCA).

Determinable Lease Cannot Be Specifically Enforced; Interim Injunction Barred U/S 14(d) Specific Relief Act: J&K High Court

Case-Title: HAKEEM IRFAN AND ORS VS. CHAIRMAN J&K BANK Ltd. AND ORS,

Citation: 2025 LiveLaw (JKL) 331

The Jammu & Kashmir and Ladakh High Court held that no specific performance or interim injunction can be granted in respect of a lease agreement which is determinable in nature, reiterating the statutory bar contained under Section 14(d) of the Specific Relief Act, 1963.

Child Welfare Committees Have No Power To Recommend Action Against Schools Under Juvenile Justice Act: J&K&L High Court

Case Title: Oasis Girls School Vs XXX

Citation: 2025 LiveLaw (JKL) 332

Holding that a Child Welfare Committee (CWC) has no statutory authority to recommend punitive or legal action against educational institutions, the High Court of Jammu & Kashmir and Ladakh set aside an order passed by the Child Welfare Committee, Srinagar, which had recommended action against a private school for allegedly expelling a minor student.

Successive Bail Plea Maintainable Even Without Change In Circumstances: J&K&L High Court

Case Title: Basharat Ahmad Bhat Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 333

The High Court of Jammu and Kashmir and Ladakh held that a change of circumstances is not a prerequisite for the High Court to entertain a successive bail application where earlier bail pleas have been rejected by an inferior criminal court.

Failure To Frame Specific Issue On Limitation Not Fatal; Courts Can Examine Limitation Suo Motu: J&K&L High Court

Case Title: Abdul Gani Ganai Vs Habibullah Ganai

Citation: 2025 LiveLaw (JKL) 334

The Jammu and Kashmir and Ladakh High Court held that the question of limitation can be subsumed within the broader issues arising from the pleadings, and failure to frame a specific issue on limitation is not fatal, so long as no prejudice is caused to the parties.

Not Purely Religious Or Voluntary: J&K&L High Court Holds Dharmarth Trust As 'Industry' Under Industrial Disputes Act

Case Title: Dharmarth Trust J&K Vs Industrial Tribunal & Anr.

Citation: 2025 LiveLaw (JKL) 335

The High Court of Jammu & Kashmir and Ladakh held that the J&K Dharmarth Trust, by virtue of the systemic, organised and commercial nature of its activities, answers the statutory definition of an “industry” under the Industrial Disputes Act, 1947.

'Arbitrary Cancellation': J&K&L High Court Directs IIT Jammu To Appoint Selected Candidate With Retrospective Effect; Imposes ₹1 Lakh Cost

Case Title: Irfan Yousuf Vs IIT Jammu, Nagrota Campus & Ors

Citation: 2025 LiveLaw (JKL) 336

The Jammu and Kashmir and Ladakh High Court held that the Indian Institute of Technology (IIT) Jammu wrongfully delayed and denied appointment to a duly selected candidate, in clear breach of his legal and constitutional rights.

Health Sub-Centre Location Is Policy Matter, But Residents' Objections Must Be Fairly Considered: J&K&L High Court

Case Title: Residents of Seenthakran, Tehsil & District Udhampur Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 337

Underscoring the balance between administrative discretion and public fairness, the High Court of Jammu & Kashmir and Ladakh held that the choice of location for a government amenity such as a Health Sub-Centre squarely lies within the domain of the competent authority, and no private individual or group can insist upon a particular site.

“Lacking Material Documents, Grounded In Ambiguity”: J&K&L High Court Dismisses Mehbooba Mufti's PIL On Transfer Of Undertrial Prisoners

Case Title: Mehbooba Mufti Vs Union of India

Citation: 2025 LiveLaw (JKL) 338

Reaffirming the constitutional limits of Public Interest Litigation, the High Court of Jammu & Kashmir and Ladakh dismissed a PIL filed by PDP President and former Chief Minister Mehbooba Mufti, holding that the petition was “lacking material documents and grounded in ambiguity” and rested on incomplete, vague and unsubstantiated assertions.

Past Employment With Party Does Not Make Arbitrator Ineligible: J&K&L High Court Reaffirms

Case Title: Union Territory of J&K vs SRM Contractors Ltd

Citation: 2025 LiveLaw (JKL) 339

The Jammu and Kashmir and Ladakh High Court reiterated that an arbitrator does not become ineligible merely because he was employed by one of the parties in the past.

'Baseless Claims Cannot Discredit Documents By Competent Authorities': J&K&L High Court Reiterates Need For Specific Pleadings In Fraud Cases

Case Title: Kafil Ahmad Mangral Vs Union of India

Citation: 2025 LiveLaw (JKL) 340

Underscoring the necessity of precise pleadings while alleging fraud, the High Court of Jammu & Kashmir and Ladakh held that making sweeping and baseless allegations as to the veracity of the documents issued by the competent authorities would not make such documents unreliable.

Surrendering Weapons Without Firing Is Cowardice, Brings Moral Disgrace: J&K&L HC Restores Dismissal Of Constable For Failing To Repel Attack

Case Title: UT Of J&K Vs Bashir Ahmad Mir

Citation: 2025 LiveLaw (JKL) 341

Holding that police personnel entrusted with public safety cannot abdicate their duty in the face of militant violence, the Jammu and Kashmir and Ladakh High Court ruled that the failure of police guards to retaliate a militant attack and their act of surrendering service weapons without firing even a single round amounts to a serious act of cowardice bringing moral disgrace to the police force as a whole.

Criminal Courts Must Proactively Filter Factually Fractured Prosecutions At Challan Stage To Arrest 'Snail-Paced Justice': J&K High Court

Case Title: Sunny Kashyap Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 342

Holding that criminal courts are not meant to function as passive recipients of police reports, the Jammu and Kashmir and Ladakh High Court underscored that from the very presentation of a final police report (challan), courts must proactively apply judicial acumen to examine whether a case discloses a complete and coherent factual foundation warranting trial, or whether it is a factually fractured prosecution destined to collapse.

Sanction Under Prevention Of Corruption Act Not Needed After Public Servant Retires Or Demits Office: J&K&L High Court

Case Title: Ghulam Rasool Baba Vs Principal Secretary To Govt & Anr

Citation: 2025 LiveLaw (JKL) 343

Holding that the statutory protection of prior sanction for prosecution under the Prevention of Corruption law is available only so long as a public servant remains in service, the Jammu and Kashmir and Ladakh High Court ruled that no sanction is required once the official has demitted office or retired.

Jeweller Voluntarily Handing Over Gold To Customer Is 'Entrustment'; Theft Not Covered Under Insurance Policy: J&K&L High Court

Case Title: Bajaj Allianz General Insurance Company V/s M/s Hollywood ornaments at Hari Singh High Street, Sgr.

Citation: 2025 LiveLaw (JKL) 344

The High Court of Jammu & Kashmir and Ladakh held that where possession of insured property is voluntarily transferred on the basis of trust, such transfer amounts to entrustment, and any dishonest loss arising therefrom attracts exclusion clauses notwithstanding that the act may legally amount to theft.

J&K&L High Court Grants Bail To 75-Yr-Old Grandfather Accused By Granddaughter In POCSO Case, Says Involvement Is 'Highly Doubtful'

Case Title: Ghulam Nabi Ganai Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 345

In a sensitive case involving allegations by a granddaughter against her own grandfather, the High Court of Jammu & Kashmir and Ladakh granted bail to a 75-year-old accused, holding that the very edifice of the prosecution case crumbled during trial, and that continued incarceration would be legally impermissible.

Magistrate Cannot Enforce Settlement Order Or Act As Executing Court After Compromise Is Recorded In Cheque Bounce Cases: J&K&L High Court

Case Title: Sajad Ahmad Malik Vs Gulzar Ahmad Wani

Citation: 2025 LiveLaw (JKL) 346

The Jammu & Kashmir and Ladakh High Court underscored that once a lawful compromise is recorded in a complaint under Section 138 of the Negotiable Instruments Act, the trial Magistrate is duty-bound to dispose of the complaint in terms of that compromise and cannot continue to monitor or enforce the settlement by assuming the role of an executing court.

Once GST Appeal Is Filed On Portal, No Mandatory Requirement To File Hard Copy Or Certified Copy Of Order: J&K&L High Court

Case Title: TC Tours Limited v. Union Territory of J&K and Ors.

Citation: 2025 LiveLaw (JKL) 347

The Jammu & Kashmir and Ladakh High Court held that once a GST appeal is filed electronically within the statutory period along with the uploaded order, there is no requirement to file a hard copy or certified copy of the order.

Arbitral Tribunal Not Declared As “Court”, False Evidence Before Arbitrator Does Not Attract S.195 CrPC: J&K&L High Court

Case Title: Zaffer Abbas Din Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 348

Clarifying the scope of criminal law in arbitral proceedings, the High Court of Jammu & Kashmir and Ladakh held that the bar contained in Section 195 of the Code of Criminal Procedure does not apply to allegations of false evidence given before an Arbitral Tribunal, as an arbitrator is not a “court” within the meaning of that provision.

Second Arbitral Reference Maintainable When Award Is Set Aside Without Adjudication On Merits: J&K&L High Court

Case Title: M/S Sohrab Iqbal Goni (JV) Vs. Director, Transport J&K Economic Reconstruction Agency

Citation: 2025 LiveLaw (JKL) 349

The Jammu & Kashmir and Ladakh High Court held that a second reference to arbitration is maintainable where an arbitral award has been set aside under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") without any adjudication on merits of the claims, leaving the underlying disputes unresolved.

Matrimonial Remedies Can Overlap, But Cruelty Claims Cannot Emerge Selectively: J&K&L High Court Quashes S.498A IPC FIR

Case Title: Shakeel Ur Reham Vs SHO Womens PS Anantnag

Citation: 2025 LiveLaw (JKL) 350

Examining the interface between multiple matrimonial remedies, the Jammu and Kashmir and Ladakh High Court held that strict segregation of proceedings under Section 125 CrPC, the Protection of Women from Domestic Violence Act 2005, and criminal prosecution under Section 498-A IPC is not always necessary, particularly because allegations of domestic violence, dowry demand, mental cruelty and physical harassment are often interlinked.

Right To Speedy Trial Extends To Appeals: J&K&L High Court Closes 46-Yr Old Criminal Case On Grounds Of Delay

Case Title: Shameema Begum Vs PS Bijhama

Citation:2025 LiveLaw (JKL) 351

Reflecting the human consequences of prolonged criminal litigation, the Jammu and Kashmir and Ladakh High Court brought to a close a criminal case arising out of an incident of 1979, holding that continuation of the substantive sentence would serve no meaningful purpose.

Courts Must Not Stifle Corruption Probes At Threshold: J&K&L High Court Refuses To Quash FIR Against Former ARTO

Case Title: Abdul Majeed Bhat Vs Commissioner Secretary General Administration Department.

Citation: 2025 LiveLaw (JKL) 352

Reiterating that courts must not stifle corruption investigations at the threshold, the Jammu and Kashmir and Ladakh High Court dismissed a plea seeking quashment of an FIR registered against a former Assistant Regional Transport Officer, holding that the record discloses “sufficient grounds to suspect commission of offences” and that no case for exercise of inherent jurisdiction is made out.

Bail Is Rule, Jail Exception: High Court Grants Bail To J&K Bank Manager In Alleged Multi-Crore Loan Fraud Case

Case Title: Jatinder Kumar Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 353

The Jammu and Kashmir and Ladakh High Court granted bail to Jatinder Kumar, a Manager of Jammu & Kashmir Bank, who was arrested in connection with an alleged large-scale loan fraud case investigated by the Crime Branch, Economic Offences Wing (EOW), Jammu.

Violation Of Article 16: J&K&L High Court Strikes Down Residence-Based Reservation

Case Title: Balwinder Kumar Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 354

The Jammu and Kashmir and Ladakh High Court declared unconstitutional a clause in a High Court recruitment advertisement that restricted eligibility for district cadre posts on the basis of residence.