Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 14 - July 20, 2025

Arshad Ahmed Allaie Vs UT Of J&K 2025 LiveLaw (JKL) 274

J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATION 2025 LiveLaw (JKL) 275

J&K Road Transport Corporation vs Shareefa & Ors 2025 LiveLaw (JKL) 276

Ravinder Kumar Vs Financial 2025 LiveLaw (JKL) 277

Zahoor Ahmad Bhat and Ors Vs UT of J&K 2025 LiveLaw (JKL) 278

Mohammad Shafi Bhat & Ors Vs Ghulam Nabi Bhat & Ors 2025 LiveLaw (JKL) 279

Mohan Lal Angral Vs UT of J&K & Ors 2025 LiveLaw (JKL) 280

National Insurance Co Vs Naresh Kumar 2025 LiveLaw (JKL) 281

Mushtaq Ahmad Jan & Ors Vs Govt. Of J&K 2025 LiveLaw (JKL) 282

Judgments/Orders:

Bail Cannot Be Granted Merely Due To Delay In Trial In Cases Involving Alleged Narco-Terror Links: J&K High Court

Case Title: Arshad Ahmed Allaie Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 274

The Jammu & Kashmir and Ladakh High Court reaffirmed that bail in cases under the UA(P) Act and NDPS Act is subject to strict legal conditions as these laws apply especially when the offence involves terrorism or narco-terrorism.

The Court made it clear that delay in trial or long incarceration alone is not enough to relax these restrictions. If there is prima facie evidence of the accused's involvement, the stringent bail provisions must be followed, it emphasised.

If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High Court

Case-Title: J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATION

Citation: 2025 LiveLaw (JKL) 275

The Jammu & Kashmir High Court held that in the absence of a Waqf Tribunal constituted under Section 83 of the Waqf Act, the bar on civil court jurisdiction under Section 85 of the Act does not apply. The court said that litigants cannot be left remediless where no forum exists for adjudicating waqf-related disputes.

Principle Of 'No Work, No Pay' Inapplicable When Termination Is Illegal: J&K High Court Grants Back Wages To Ex-Bus Conductor

Case-Title: J&K Road Transport Corporation vs Shareefa & Ors

Citation: 2025 LiveLaw (JKL) 276

The Jammu & Kashmir High Court has partially upheld a writ court's order directing reinstatement of a conductor wrongfully terminated by the State Road Transport Corporation (SRTC), holding that while the employee is entitled to reinstatement, full back wages cannot be awarded in the absence of pleadings regarding gainful employment.

Mutation Cannot Be Used To Alter Co-Sharer's Ownership, Only Clerical Corrections Permitted Under Standing Order 23-A: J&K High Court

Case Title: Ravinder Kumar Vs Financial

Citation: 2025 LiveLaw (JKL) 277

Reiterating the narrow scope of Paragraph 100 of Standing Order No. 23-A, the High Court of Jammu & Kashmir and Ladakh held that a mutation entry cannot be used to delete the name of a co-sharer or to confer exclusive ownership.

Reservation Under J&K Reservation Act 2004 Must Not Exceed Population Share Of Category: J&K High Court Clarifies

Case-Title: Zahoor Ahmad Bhat and Ors Vs UT of J&K

Citation: 2025 LiveLaw (JKL) 278

The Jammu and Kashmir High Court held that the percentage of reservation of a community under the J&K Reservation Act must not exceed the population share of that community.

The court thus allowed the withdrawal of multiple petitions challenging the vires of various provisions of the J&K Reservation Rules, 2005, after observing that Section 3 of the parent Act was not under challenge in any of the petitions.

J&K Land Revenue Act | Presumption Of Correctness Of Entries In Revenue Records Cannot Be Overriden By Affidavits: High Court

Case Title: Mohammad Shafi Bhat & Ors Vs Ghulam Nabi Bhat & Ors.

Citation: 2025 LiveLaw (JKL) 279

The High Court of Jammu & Kashmir and Ladakh ruled that the presumption of correctness attached to entries in revenue records under Section 31 of the J&K Land Revenue Act cannot be dislodged merely by swearing an affidavit.

J&K High Court Flags Regional Disparity By UT Administration In Implementing Court Orders On Land Ownership Across Srinagar And Jammu

Case-Title: Mohan Lal Angral Vs UT of J&K & Ors.

Citation: 2025 LiveLaw (JKL) 280

The Jammu & Kashmir High Court took strong exception to the “regionalised” approach of the UT administration, noting that the High Court's decision in conferring land ownership rights was selectively implemented in the Srinagar wing and not in the Jammu wing.

MV Act | Driver Licensed for 'Transport Vehicle' Can Lawfully Drive Passenger Buses Without Separate Endorsement: J&K High Court

Case Title: National Insurance Co Vs Naresh Kumar

Citation: 2025 LiveLaw (JKL) 281

Clarifying the scope of driving licenses for commercial vehicles, the High Court of Jammu & Kashmir and Ladakh held that a driver holding a valid licence to drive a "transport vehicle" is competent to operate both heavy goods vehicles and passenger carrying vehicles without the need for a separate Public Service Vehicle (PSV) endorsement.

State Cannot Raise Plea Of Adverse Possession To Forcibly Occupy Citizens' Land Without Due Process: J&K High Court

Case-Title: Mushtaq Ahmad Jan & Ors Vs Govt. Of J&K

Citation: 2025 LiveLaw (JKL) 282

The Jammu & Kashmir High Court held that the State cannot be permitted to invoke the doctrine of adverse possession to legitimise forcible and unauthorised occupation of private land, reiterating that such action is a violation of both constitutional and human rights of the citizen.