Jammu & Kashmir And Ladakh High Court Weekly Roundup: June 23 - June 29 2025

Court of its own motion Vs State of J&K & Ors. 2025 LiveLaw (JKL) 244

Abdul Qayoom Ganie and Ors. Vs UT of J&K and others 2025 LiveLaw (JKL) 245

Anish Rajulia Vs Union of India 2025 LiveLaw (JKL) 246

Tarmat Ltd. Vs Union of India and others 2025 LiveLaw (JKL) 247

Shamim Ahmad Parray Vs State of J&K 2025 LiveLaw (JKL) 248

Bhagu Ram & Ors Vs Joint Financial Commissioner Revenue Jammu and others 2025 LiveLaw (JKL) 249

Pawan Kumar Sharma Vs UT Of J&K 2025 LiveLaw (JKL) 250

Yashpaul Sharma Vs UT of J&K 2025 LiveLaw (JKL) 251

Judgments/Orders:

High Court Issues Directions To Remove Encroachments In Jammu City, Directs Security Cover During Anti-Encroachment Drives

Case-Title: Court of its own motion Vs State of J&K & Ors. 2025

Citation: 2025 LiveLaw (JKL) 244

In an order aiming at restoring public spaces and ensuring smooth flow of pedestrian and vehicular traffic the Jammu & Kashmir High Court issued comprehensive directions to curb illegal encroachments by shopkeepers, vendors, and food joints, while disposing of a long-pending Public Interest Litigation (PIL).

Alibi Cannot Be Tested At Stage Of Framing Charges: J&K High Court Declines To Quash Chargesheet In Assault Case

Case-Title: Abdul Qayoom Ganie and Ors. Vs UT of J&K and others

Citation: 2025 LiveLaw (JKL) 245

The Jammu & Kashmir High Court dismissed a petition seeking quashing of a charge sheet filed against several individuals accused of carrying out a violent attack using deadly weapons, holding that the plea of alibi raised by the accused cannot be tested in a pre-trial stage under the guise of a quashing petition.

'Cannot Be Declared Medically Unfit Solely On Basis Of Birthmark' J&K High Court Quashes Rejection of CAPF Aspirant

Case Title: Anish Rajulia Vs Union of India

Citation: 2025 LiveLaw (JKL) 246

The High Court of Jammu and Kashmir and Ladakh has quashed the medical rejection of a CAPF aspirant declared unfit due to a congenital birthmark.

A bench of Justice M. A Chowdhary emphasised that congenital conditions like 'Port Wine Stain' cannot, by themselves, be grounds for medical disqualification unless accompanied by concrete medical reasoning demonstrating functional impairment.

J&K High Court Resolves Arbitrator Fee Stalemate, Directs Centre To Deposit Fee As Per 4th Schedule Arbitration Act

Case-Title: Tarmat Ltd. Vs Union of India and others

Citation: 2025 LiveLaw (JKL) 247

In an order addressing the long-pending stalemate in an arbitration matter, the Jammu and Kashmir High Court directed the Union of India to deposit the arbitrator's fee as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996, enabling the pronouncement of the arbitral award.

The issue before the court was whether a government-prescribed internal fee structure for empanelled arbitrators could override the statutory fee scale in the Fourth Schedule of the 1996

Evidence Act | S.106 Cannot Be Used To Fill Gaps In Prosecution Case Without A Firm Foundation: J&K High Court

Case Title: Shamim Ahmad Parray Vs State of J&K

Citation: 2025 LiveLaw (JKL) 248

Reaffirming foundational principles of criminal jurisprudence, the High Court of Jammu & Kashmir and Ladakh ruled that Section 106 of the Indian Evidence Act cannot be invoked to fill material gaps in the prosecution case unless the foundational facts necessary to shift the onus are first firmly established.

Revenue Authorities Can Decide Cases On Merits While Exercising Transfer Powers U/S 10 Of Land Revenue Act: J&K High Court

Case Title: Bhagu Ram & Ors Vs Joint Financial Commissioner Revenue Jammu and others

Citation: 2025 LiveLaw (JKL) 249

Reiterating the wide discretionary powers conferred upon senior revenue authorities under Section 10 of the Jammu and Kashmir Land Revenue Act, the High Court of Jammu and Kashmir and Ladakh ruled that officers such as the Collector, Divisional Commissioner, and Financial Commissioner are legally empowered to decide matters on merits while exercising their authority to withdraw and transfer cases pending before subordinate revenue officers.

When Both Parties Are Equally At Fault, Law Will Leave Them Alone: J&K High Court Dismisses Appeal In Land Compensation Case

Case Title: Pawan Kumar Sharma Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 250

Reiterating the doctrine of pari delicto, the High Court of Jammu and Kashmir and Ladakh held that where both parties are equally at fault in entering into an illegal agreement, the law will not intervene to determine their inter se rights and liabilities.

J&K High Court Grants Bail To Man Accused Of Shooting Wife, Notes That Crucial Eyewitnesses Including Son & Daughter Turned Hostile

Case-Title: Yashpaul Sharma Vs UT of J&K

Citation: 2025 LiveLaw (JKL) 251

The Jammu and Kashmir High Court has granted regular bail to a man accused of murdering his wife with a firearm, observing that the prosecution has failed to produce any clinching or credible evidence connecting him to the crime.

A bench of Justice Rajesh Sekhri allowed the bail application, holding that “in such cases of 'no evidence', courts are obliged to take a holistic view and exercise discretion in favour of liberty.”