SC Judgments Referred To Larger Bench Remain Binding Unless Reference Court Directs Otherwise: J&K High Court

The Jammu and Kashmir High Court held that reference of the judgment to larger bench does not unsettle the declared law and once any judgment of the supreme court holds the field, the High Court cannot be prevented from relying on the ratio of that judgment unless the reference court has directed otherwise.The petitioner had argued that the supreme court in India Glycols Ltd, which prevented...

Police Act | Officer Cannot Resign Without SP's Leave Or Two Months Notice: J&K High Court Dismisses Constable's Plea

“A police officer is not permitted to resign without the leave of the Superintendent unless he has given a prior notice of not less than two months of his intention to resign,” observed the Jammu and Kashmir and Ladakh High Court while dismissing a plea challenging the acceptance of a constable's resignation on the same day it was submitted.A Division Bench of Justices Sanjeev Kumar and...

Not Just Registered Owner, But Bonafide Owner Can Also Seek Release Of Vehicle Seized In NDPS Case: J&K High Court

Reaffirming the powers of criminal courts under the NDPS Act, the High Court of Jammu & Kashmir and Ladakh has held that an application for the release of a vehicle seized in a Narcotic Drugs and Psychotropic Substances (NDPS) case can be entertained not just by a registered owner, but also by a bonafide owner whether in the capacity of a purchaser or as an attorney holder as such...

J&K High Court Stays Criminal Proceedings Against Relatives Of Former CM Ghulam Nabi Azad

The Jammu & Kashmir Highcourt has stayed criminal proceedings pending before a trial court in Jammu against two relatives of former Chief Minister Ghulam Nabi Azad.A bench of Justice Rajesh Sekhri passed the interim order while hearing a petition challenging the proceedings arising out of a complaint filed by a worker of Aam Aadmi Party and also a director of Hyber Hightech...

Failing To Discuss Irrelevant Statutory Provisions Is Not An Error Apparent On Record: J&K High Court Dismisses Review Plea

Reiterating the legal standard that courts are not obliged to discuss statutory provisions irrelevant to the controversy at hand, the High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a review petition filed by a retired employee of Sher-i-Kashmir International Conference Centre (SKICC), seeking reconsideration of its earlier judgment.The Division Bench comprising...

When Party Can Understand English & Urdu, No Prejudice Is Caused If Acquisition Notice Is Not Published In Regional Language: J&K High Court

The J&K High Court held that mere failure to publish acquisition notification in regional language as per section 4 of the Act does not vitiate the entire proceedings if the party affected has notice of the preliminary notification issued by the official Respondent and had also filled objection to the said notification.The appellant had challenged the notification on ground that notice...

Landowners Have No Right Over Aerial Space For Transmission Lines, Aerial Right Of Way Continues With State: J&K High Court

Reaffirming the legal distinction between the right to compensation for physical acquisition of land and the non-compensable nature of aerial usage for transmission infrastructure the High Court of Jammu & Kashmir and Ladakh has held that individual landowners cannot assert any legal, fundamental, or constitutional rights over aerial space traversed by high-tension transmission...

J&K High Court Cancels Advocate's License After 16 Years Over Fake LL.B Degree

The Jammu and Kashmir High Court has cancelled the enrollment of Advocate Sajad Ahmad Shah, nearly 16 years after he began practicing law, upon discovering that he had obtained his license based on a fake and forged LL.B degree.Shah who is resident of Srinagar, was enrolled with the Bar Council of Jammu and Kashmir and his name was subsequently entered into the Roll of Advocates in...

Right To Promotion Not Conferred From Date Of Vacancy Unless Rules Permit Retrospective Effect: J&K HC Rejects Claim For Backdated Promotion

The High Court of Jammu & Kashmir and Ladakh has held that an employee has a right to be considered for promotion only when the employer takes up the matter for filling the promotional posts. The court ruled that merely because a promotional post exists does not confer a right to claim promotion from the date of its vacancy.“An employee cannot claim retrospective seniority or...

'Preventive Detention Is A Double-Edged Sword': J&K High Court Quashes PSA Detention Against Advocate Muhammad Ashraf Bhat

The High Court of Jammu & Kashmir and Ladakh has quashed the Public Safety Act (PSA) detention of Advocate Muhammad Ashraf Bhat, who previously served as secretary of the erstwhile Kashmir Bar Association.A bench of Justice Rahul Bharti quashed the detention order after pointing to the serious nature of preventive detention laws being a double-edged sword that can deeply impact both those...

Family Pension Rules Must Be Interpreted Liberally For Disabled Dependents: J&K High Court

Underscoring the importance of social welfare and inclusive interpretation of pension rules, the Jammu and Kashmir and Ladakh High Court has ruled that provisions governing family pension for disabled persons must be interpreted liberally to ensure genuine claimants are not excluded.“The provisions governing the grant of family pension to a disabled person cannot be interpreted in a...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 5 May - 11 May 2025

Nominal Index:Suchet Singh & Anr Vs UT Of J&K 2025 LiveLaw (JKL) 175Mst Sara Vs Financial Commissioner Revenue JK Srinagar 2025 LiveLaw (JKL) 176Mohd Afzal Beigh Vs Noor Hussain 2025 LiveLaw (JKL) 177Mohammad Shafi Gojar Vs UT Of J&K 2025 LiveLaw (JKL) 178Abdul Majid Vs UT Of J&K 2025 LiveLaw (JKL) 179Mohammad Najeeb Goni Vs UT Of J&K 2025 LiveLaw (JKL) 180GHULAM RASOOL...