Jammu & Kashmir And Ladakh High Court Weekly Round-Up May 19 - May 25, 2025

Nominal Index:Sanjeev Gupta Vs Central University of Jammu 2025 LiveLaw (JKL) 195Sarfaraz Ahmad Vs UT Of J&K 2025 LiveLaw (JKL) 196Ravinder Singh & Ors Vs Om Prakash & ors 2025 LiveLaw (JKL) 197Tariq Wali Vs Beenish Aijaz 2025 LiveLaw (JKL) 198Mohd Maqbool Mir Vs Ghulam Ahmad Pahloo 2025 LiveLaw (JKL) 199Ravinder Kumar & Others Vs UT Of J&K 2025 LiveLaw...

Interim Directions Under Order 39 Rule I & II Of CPC Cannot Be Passed Against Non-Parties: J&K High Court

Reinforcing procedural rigour in civil litigation, the High Court of Jammu and Kashmir and Ladakh has ruled that interim directions under Order 39 Rules 1 and 2 of the Civil Procedure Code (CPC) cannot be passed against a person who is not a party to the suit or appeal.“.. there can be no justification for grant of an interim injunction in respect of a claim which is not even projected by...

S.254(3) BNSS | Deferral Of Cross-Examination Must Be Sought Before Defence Strategy Is Exposed, Delay Undermines Purpose: J&K High Court

Shedding light on the Legislative intent behind the provision of allowing the deferment of Cross-examination of a prosecution witness under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the High Court of Jammu & Kashmir and Ladakh has held that an application for deferment of cross-examination of a witness or a set of witnesses must be filed as early as possible but in any case, before...

If Suit Under Order 37 CPC Is Not Tried Following Summary Procedure, It Is Deemed To Proceed As An Ordinary Suit: J&K High Court

“If a suit filed under Order 37 CPC is not tried following its prescribed summary procedure, it is deemed to proceed as an ordinary suit. Consequently, the defendant cannot seek relief under Order 37 (e.g., Rule 4)”, held the High Court of Jammu and Kashmir and Ladakh at Srinagar, while dismissing a petition challenging the execution of an ex parte decree.Specifying the recourse available...

Once Fresh DV & CrPC Proceedings Are Initiated, Lok Adalat Award Becomes Non-Executable For Same Claims: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has held that a party who enters into a compromise and obtains a Lok Adalat award based on that compromise cannot subsequently seek both to enforce that award and to initiate fresh litigation on the same subject matter.“Once fresh proceedings under the Domestic Violence Act and Section 125 CrPC are initiated and interim maintenance is...

Administrative Tribunals Can Only Review Their Decisions Within The Bounds Applicable To Civil Courts Under CPC: J&K High Court

Ruling on the scope of judicial review powers of statutory tribunals, the High Court of Jammu & Kashmir and Ladakh held that a tribunal constituted under the Administrative Tribunals Act can only review its decision within the bounds applicable to a civil court under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure.Justice Moksha Khajuria Kazmi, while dismissing a...

[PITNDPS Act] Accused Must Be Informed Grounds Of Detention Within 5 To 15 Days To Allow Prompt Representation: J&K High Court

Reiterating that procedural safeguards in preventive detention cases must be strictly observed, the High Court of Jammu and Kashmir and Ladakh has quashed the detention of one Sarfaraz Ahmed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act).A bench of Justice Sanjay Dhar underscored that it is “obligatory on the detaining authority...

J&K High Court Orders De-Sealing Of Psychiatry Clinic Citing Procedural Lapses By Authorities, Non-Service Of Notice

The Jammu & Kashmir High Court has ordered the de-sealing of a private psychiatry clinic in RS Pura, Jammu, which had been shut down by the authorities allegedly without prior notice or lawful procedure.The clinic was operating under the name Jai Hind Psychiatry Clinic at Bagga Marh, RS Pura. It was sealed by the Sub-Divisional Magistrate following a communication from the Chief...

Can Centre Extend CAT Jurisdiction Over J&K Universities? Kashmir University Scientist Challenges Notification Before High Court

The Jammu & Kashmir and Ladakh High Court has issued notice in a writ petition filed by a former Scientist D at the University of Kashmir, challenging a Central Government notification that brought J&K universities within the jurisdiction of the Central Administrative Tribunal (CAT). The petition raises critical constitutional questions about federalism, legislative powers, and...

Employee Has No Vested Right To Promotion Under Repealed Rules, Rules In Force At Time Of Consideration Would Apply: J&K High Court

The employee does not acquire a vested right to being considered for promotion in accordance with the repealed rules in view of the policy decision taken by the Government,” held the Jammu and Kashmir and Ladakh High Court, while dismissing a plea seeking promotion under old recruitment rules.Citing State of Himachal Pradesh and others vs. Raj Kumar and others, (2023) Justice Sanjay...

Jammu & Kashmir And Ladakh High Court Weekly Roundup May 12 - May 18, 2025

Nominal Index:Smt Balbir Kour Vs State Bank Of India 2025 LiveLaw (JKL) 183Mohammad Ashraf Bhat vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 184Mohammad Ashraf Mir Vs J&K State Forest Corporation & Others 2025 LiveLaw (JKL) 185Farooq Ahmad Lodhi Vs Union of India 2025 LiveLaw (JKL) 186Ghazanfar Ali vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 187Khursheed...

No Bar On Supplementary Award For Compensation For Trees, Buildings Omitted In Original Land Acquisition Award: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that there is no impediment to the State issuing a supplementary award for compensation relating to trees, super-structures, and machinery omitted in the original land acquisition award, and directed authorities to assess damages caused to a brick kiln due to highway widening.Underlining the rights of those affected by land acquisition...