Oral Gift Of Agrarian Land Without Approval U/S 31 Of Agrarian Reforms Act Is Void, Mutation Liable To Be Recast: J&K High Court

In a ruling emphasising the the interplay between the J&K Agrarian Reforms Act, 1976 and the earlier alienation of land Act, the Jammu & Kashmir High Court held that any oral gift of agrarian land, including to close relatives, is impermissible without prior approval from competent authority under Section 31 of the Agrarian Reforms Act.The petitioner had challenged the order passed by...

Eviction Is A Civil Matter, Police Cannot Meddle In Landlord-Tenant Disputes: J&K High Court

Reiterating a foundational principle of law, the High Court of Jammu and Kashmir and Ladakh has held that police have no jurisdiction to intervene in disputes that are purely civil in nature, including those arising between landlord and tenant. Such matters, the Court observed, fall exclusively within the domain of competent civil courts and outside the scope of criminal law...

[Food Safety Act] Timeline For Recommending Grant Of Sanction For Prosecution Mandatory, Non-Compliance Makes It Unsustainable: J&K High Court

The Jammu and Kashmir High Court held that non-compliance of the provision requiring designated officer to make recommendation to the Commissioner Food Safety for accord of sanction for prosecution against the accused persons within time limit renders prosecution unsustainable.The petitioner had challenged the taking of the cognizance by the court after the period of one year after commission...

Statutory Presumption Under NI Act Falls If Complainant Fails To Prove Financial Capacity: J&K High Court

Reaffirming the importance of financial credibility in cheque bounce litigation, the High Court of Jammu and Kashmir and Ladakh has ruled that failure of the complainant to prove financial capacity to extend a large loan can fatally weaken the case, particularly when the accused manages to raise a plausible defence.Justice Rajesh Sekhri, while dismissing a criminal appeal observed that once...

[IPC] No Need To Wait For Proof From Accused To Bring His Case Under Purview Of General Exceptions: J&K High Court

“Once it is clearly discernible from the allegations made in the complaint that the act of the accused falls within the General Exceptions, there is no need to wait for submission of proof on behalf of the accused so as to bring his case within the purview of General Exceptions”, held the High Court of Jammu and Kashmir and Ladakh while quashing a FIR against a group of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up June 2 - June 8, 2025

Nominal Index:Iftikhar Ashraf Trumboo vs Furqaan Ah. Rather 2025 LiveLaw (JKL) 217Thakur Ashwani Singh vs State of Punjab 2025 LiveLaw (JKL) 218Attiqa Bano Vs National Insurance Company Ltd 2025 LiveLaw (JKL) 219Tahir Riyaz Dar vs UT of J&K 2025 LiveLaw (JKL) 220Sajad Ahmad Khan Vs Union of India & Ors 2025 LiveLaw (JKL) 221Bhole Bhandari Charitable Trust Vs Shri Amarnathji Shrine...

CCS (CCA) Rules | Once Delinquent Employee Unequivocally Admits To Charges, Full-Fledged Enquiry Is Not Necessary: J&K High Court

Reinforcing the principle that disciplinary proceedings need not culminate in an elaborate enquiry when the delinquent admits to the charges, the High Court of Jammu & Kashmir and Ladakh has held that once the delinquent employee unequivocally admits to the charges in disciplinary proceedings, a full-fledged enquiry involving oral evidence and cross-examination is not necessary.This...

Jammu & Kashmir And Ladakh High Court Monthly Digest: May 2025

Nominal Index:IRSHAD RASHID SHAH vs UT OF J&K & OTHERS 2025 LiveLaw (JKL) 168Mohd. Ayub vs UT of J&K 2025 LiveLaw (JKL) 169Asif Amin Thokar vs UT of J&K 2025 LiveLaw (JKL) 170Irshad Rashid Shah Vs UT Of J&K 2025 LiveLaw (JKL) 171Jitendra Narayan Tyagi @ Syed Waseem Rizvi vs UT of J&K 2025 LiveLaw (JKL) 172Ashok Kumar Bhagat Vs UT Of J&K 2025 LiveLaw (JKL)...

"Live Provision Of Law Been Left Dead Letter": J&K High Court Expresses Concern Over Vacancy Of AG's Office Rendering S.92 CPC Ineffective

The Jammu and Kashmir High Court has voiced serious concern over the prolonged absence of an Advocate General in the Union Territory, noting that this vacancy has effectively rendered Section 92 of the Code of Civil Procedure, 1908 inoperative, particularly in matters involving charitable and religious institutions.The court raised the concern while hearing a writ petition concerning...

Liquor Trade A Privilege, Cannot Be Projected As Fundamental Right: J&K High Court Upholds Cantt Board's Power To Levy Enhanced License Fee

Reinforcing the regulatory powers of Cantonment Boards, the High Court of Jammu and Kashmir and Ladakh at Srinagar has ruled that the business of selling liquor within cantonment areas is a privilege extended by the State, not a fundamental right.A Division Bench comprising Justices Sanjeev Kumar and Sanjay Parihar upheld the authority of the Srinagar Cantonment Board to enhance license fees...

J&K High Court Grants Extension Of Building Permission Due To Interim Stay Blocking Construction, Says Parties Can't Suffer Due To Court Order

In a case involving delay in construction due to court-ordered stay, Jammu and Kashmir High Court directed the Municipal Committee to extend the previously granted building permission by two more years, allowing the appellants to carry out construction that was earlier stayed due to pending litigation.The appellants had approached the court arguing that the interim stay order dated issued...

J&K High Court Stays Executive Takeover Of Shri Nav Durga Jhaleri Mata Shrine, Appoints Interim Administrator

In a matter concerning the governance of Hindu religious shrines in the Union Territory, the Jammu & Kashmir High Court has stayed the operation of a communication from the Divisional Commissioner which sought to bring the Shri Nav Durga Jhaleri Mata Shrine under the administration of the Shiv Khori Shrine Board until fresh legislation was enacted.The Court was hearing a writ petition...