High Court of J & K and Ladakh
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...
"Failed To Ensure Reasonable Accommodation": J&K High Court Overturns AAI's Cancellation Of Visually Impaired Law Graduate's Candidature For Job
Reaffirming the rights of persons with disabilities, the High Court of Jammu & Kashmir and Ladakh has quashed the disqualification of a visually impaired law graduate from recruitment to the Airports Authority of India (AAI), holding that the authorities “failed to take necessary steps to ensure reasonable accommodation” as mandated under the law.Justice Javed Iqbal Wani, while...
Court While Referring Parties To Arbitration Cannot Direct That Arbitral Award Should Be Filed Before It: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that the court, while referring parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), cannot direct that the award, passed after the conclusion of the arbitration proceedings, be filed before it. Brief Facts: The defendant had approached the plaintiff...
Offence Of Criminal Trespass Not Obliterated Once Possession Of Land Is Recovered From Illegal Occupants: J&K High Court
The High Court of Jammu and Kashmir and Ladakh has held that the offence of criminal trespass is not extinguished merely because the possession of State land is later recovered from the illegal occupant.“The moment a person illegally occupies the State land with a view to insult or annoy any person in possession of such property or with an intent to commit an offence, the offence under...
J&K High Court Slams Arbitrary Demolition Of Senior Citizen's Property, Orders Payment Of ₹86 Lakhs For 'Clandestine' Action
The Jammu and Kashmir and Ladakh High Court on Wednesday delivered a scathing rebuke to the UT administration for its arbitrary demolition of properties owned by one Abdul Majid, a 69-year-old resident of Bathindi, Jammu.Justice Wasim Sadiq Nargal, while allowing two writ petitions declared the demolition illegal, restored Majid's ownership rights, and awarded him ₹76.4 lakh in compensation...
J&K High Court Seeks Clarification From Authorities On Building Permission & Clinical Registration For Nursing Homes
The J&K High Court has sought comprehensive details from multiple authorities and respondents regarding alleged illegal construction and operation of a nursing home without proper permissions.A bench of Justice Moksha Khajuria Kazmi was hearing the matter pertains to objections raised under Section 8(1) of the Control of Building Operations Act, 1988. The Court directed respondents to...
Statutory Limitations U/S 37 Of NDPS Act Limited To Merits, Not Humanitarian Grounds: J&K HC Permits Interim Bail To Elderly Man With Critical Medical Issues
Underlining the balance between the rigours of the NDPS Act and humanitarian concerns, the High Court of Jammu & Kashmir and Ladakh, Srinagar Wing, has granted temporary bail to a 71-year-old man suffering from serious health ailments. The Court held,“Provisions of Section 37 of the NDPS Act come into play only when bail of a person accused of an offence involving commercial quantity...