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...

Findings Of Fact Not Conjecture, Evidence Act Governs Civil Cases As Much As It Does Criminal Trials: J&K High Court

Underscoring the sanctity of judicial procedure and evidentiary rigour, the High Court of Jammu & Kashmir and Ladakh has set aside conflicting judgments passed by the trial and appellate courts, declaring that "finding of fact is something which is not to be conjectured by civil court or for that matter civil 1st appellate court."Justice Rahul Bharti, while deciding a second appeal held...

J&K High Court Upholds Preventive Detention Of Man Accused Of Bovine Slaughter, Sparking Communal Tension

The High Court of Jammu and Kashmir and Ladakh at Jammu has upheld the preventive detention of one Sher Mohd under the Jammu and Kashmir Public Safety Act, 1978.The detention order was challenged by his wife, Famida Begum, on grounds including non-supply of vital documents and lack of application of mind by the authorities. However, Justice Sanjay Dhar dismissed the petition, finding no merit...

J&K Land Revenue Act | Revenue Officer Must Follow Procedure For Title Determination U/S 111-A If Objections Are Raised: High Court

The High Court of Jammu and Kashmir and Ladakh has ruled that Chapter X of the J&K Land Revenue Act, Svt. 1996 provides a self-contained code for partition proceedings, which includes mandatory procedural safeguards.Justice Javed Iqbal Wani observed that when a valid application for partition is filed under Section 105, the revenue officer must notify all interested parties, consider...

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...