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Jammu & Kashmir And Ladakh High Court Monthly Digest: July 2025
LIVELAW NEWS NETWORK
18 Aug 2025 5:25 PM IST
Citation No: 2025 LiveLaw (JKL) 252 to 2025 LiveLaw (JKL) 291Nominal Index:Mohd Khalil Qazi Vs State of J&K 2025 LiveLaw (JKL) 252M/S Durga Enterprises Vs FCI & Ors 2025 LiveLaw (JKL) 253Maan Chand vs State 2025 LiveLaw (JKL) 254Parveen Begum vs UT of J&K 2025 LiveLaw (JKL) 255MUSHTAQ AHMAD SHAH & ORS vs UNIVERSITY OF KASHMIR 2025 LiveLaw (JKL) 256UT Of J&K & ORS VS...
Citation No: 2025 LiveLaw (JKL) 252 to 2025 LiveLaw (JKL) 291
Nominal Index:
Mohd Khalil Qazi Vs State of J&K 2025 LiveLaw (JKL) 252
M/S Durga Enterprises Vs FCI & Ors 2025 LiveLaw (JKL) 253
Maan Chand vs State 2025 LiveLaw (JKL) 254
Parveen Begum vs UT of J&K 2025 LiveLaw (JKL) 255
MUSHTAQ AHMAD SHAH & ORS vs UNIVERSITY OF KASHMIR 2025 LiveLaw (JKL) 256
UT Of J&K & ORS VS MRS. RAJINDER OBEROI 2025 LiveLaw (JKL) 257
WASEEM QURESHI vs STATE OF J&K AND ANOTHER 2025 LiveLaw (JKL) 258
Sushant Khajuria Vs J&K Bank 2025 LiveLaw (JKL) 259
ASIF AMIN CHALKOO & ORS vs UT of J&K 2025 LiveLaw (JKL) 260
UNION TERRITORY OF J&K AND ORS. VS SALEEMA BEGUM & Ors 2025 LiveLaw (JKL) 261
Abdul Aziz Reshi Vs UT Of J&K 2025 LiveLaw (JKL) 262
U.T. OF J&K vs SHAKEEL AHMAD BHAT 2025 LiveLaw (JKL) 263
Naveed Bashir Wani Vs Varqa Bashir & Ors 2025 LiveLaw (JKL) 264
Iqbal Singh vs Pankaj Sharma 2025 LiveLaw (JKL) 265
Dr Noor Mohammad Bilal Vs UT Of J&K 2025 LiveLaw (JKL) 266
IQBAL MUBARIK Vs UT of J&K 2025 LiveLaw (JKL) 267
M/S PMT Industries Vs UT Of J&K 2025 LiveLaw (JKL) 268
Met Life India Insurance Company Ltd vs Abdul Aziz Khan 2025 LiveLaw (JKL) 269
Peerzada Muneer Ahmad vs Aaliya Anjum 2025 LiveLaw (JKL) 270
Syed Jameel Qaiser & Ors Vs J&K State Cable Car Corp 2025 LiveLaw (JKL) 271
MOHAMMAD AKBAR SHEIKH vs MST JANA AND ORS 2025 LiveLaw (JKL) 272
Amir Medical Store Vs UT Of J&K 2025 LiveLaw (JKL) 273
Arshad Ahmed Allaie Vs UT Of J&K 2025 LiveLaw (JKL) 274
J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATION 2025 LiveLaw (JKL) 275
J&K Road Transport Corporation vs Shareefa & Ors 2025 LiveLaw (JKL) 276
Ravinder Kumar Vs Financial 2025 LiveLaw (JKL) 277
Zahoor Ahmad Bhat and Ors Vs UT of J&K 2025 LiveLaw (JKL) 278
Mohammad Shafi Bhat & Ors Vs Ghulam Nabi Bhat & Ors 2025 LiveLaw (JKL) 279
Mohan Lal Angral Vs UT of J&K & Ors 2025 LiveLaw (JKL) 280
National Insurance Co Vs Naresh Kumar 2025 LiveLaw (JKL) 281
Mushtaq Ahmad Jan & Ors Vs Govt. Of J&K 2025 LiveLaw (JKL) 282
GHULAM MOHAMMAD PAYER Vs AMANULLA KHAN 2025 LiveLaw (JKL) 283
Sundri and Ors Vs J&K Bank &Anr 2025 LiveLaw (JKL) 284
UT of J&K vs Ameer Hamza Shah 2025 LiveLaw (JKL) 285
State of Jammu and Kashmir Vs Tajinder Singh 2025 LiveLaw (JKL) 286
Naresh Kumar Gulia Vs Directorate of Enforcement 2025 LiveLaw (JKL) 287
Aamir Bashir Magray Vs UT Of J&K 2025 LiveLaw (JKL) 288
Waheed Shafi Sheikh Vs Naseer Ahmad Ganai 2025 LiveLaw (JKL) 289
Naseer Ahmad Sheikh vs Jammu and Kashmir Bank limited 2025 LiveLaw (JKL) 290
MUBASHIR AHMAD WANI Vs MEELAZ MUBASHIR & ANOTHER 2025 LiveLaw (JKL) 291
MUBASHIR AHMAD WANI Vs MEELAZ MUBASHIR & ANOTHER 2025 LiveLaw (JKL) 291
Judgments/Orders:
Case Title: Mohd Khalil Qazi Vs State of J&K
Citation: 2025 LiveLaw (JKL) 252
The High Court of Jammu & Kashmir and Ladakh, while dismissing a 34-year-old writ petition challenging deportation orders, held that "The petitioners have acted in their own volition and acquired the citizenship of a foreign Country. Their passports and the residential permit issued in their favour are cogent, unequivocal evidence of the fact that the petitioners are not citizens of India and, as such, orders to deport them were valid."
Case Title: M/S Durga Enterprises Vs FCI & Ors
Citation: 2025 LiveLaw (JKL) 253
The High Court of Jammu and Kashmir and Ladakh directed the Food Corporation of India (FCI) to refund an amount of ₹7,93,456 to a transport contractor, M/s Durga Enterprises, after holding that recoveries made retrospectively based on revised route distances were illegal and contrary to contractual terms and policy guidelines.
Case-Title: Maan Chand vs State
Citation: 2025 LiveLaw (JKL) 254
The Jammu & Kashmir High Court acquitted a man convicted for murder, pointing to multiple shortcomings in the prosecution's case, including variations and contradictions in the initial report and testimony of key witnesses and conflicting accounts of the type of weapons used, the manner of assault, and nature of injuries.
Case-Title: Parveen Begum vs UT of J&K
Citation: 2025 LiveLaw (JKL) 255
The Jammu & Kashmir High Court refused to entertain a writ petition seeking reinvestigation or alteration of charges in an alleged assault and disrobing case, directing the petitioner to pursue remedies before the trial court.
A bench of Justice Sanjay Parihar observed that the petitioner had an adequate opportunity before the trial court to raise her grievances, and that writ jurisdiction cannot be invoked unless a manifest error or miscarriage of justice is established.
Case-Title: MUSHTAQ AHMAD SHAH & ORS vs UNIVERSITY OF KASHMIR
Citation: 2025 LiveLaw (JKL) 256
The Jammu & Kashmir High Court delivered a judgment reinforcing the legal principle that “one ad hoc arrangement cannot be replaced by another of similar nature,” and criticised the University of Kashmir for replacing contractual faculty with visiting and guest lecturers.
Case-Title: UT Of J&K & ORS VS MRS. RAJINDER OBEROI
Citation: 2025 LiveLaw (JKL) 257
The Jammu & Kashmir High Court upheld Rs. 1.37 crore in compensation to a woman entrepreneur whose hotel lease was wrongfully cancelled, stating that illegal termination of lease resulted in losses to the extent of Rs.1,37,57,009/.
Case-Title: WASEEM QURESHI vs STATE OF J&K AND ANOTHER
Citation: 2025 LiveLaw (JKL) 258
In granting relief to a former Medical Superintendent of SMHS Hospital, Srinagar, the Jammu & Kashmir High Court quashed criminal proceedings against the petitioner in an embezzlement case, holding that his conduct lacked mens rea and was already ratified by competent authorities.
Case Title: Sushant Khajuria Vs J&K Bank
Citation: 2025 LiveLaw (JKL) 259
Reiterating the legal position that a candidate does not acquire an indefeasible right to appointment merely by participating in the recruitment process, the High Court of Jammu and Kashmir and Ladakh dismissed a writ petition filed by Sushant Khajuria, an unsuccessful aspirant for the post of Probationary Officer (PO) in Jammu and Kashmir Bank.
Case-Title: ASIF AMIN CHALKOO & ORS vs UT of J&K
Citation: 2025 LiveLaw (JKL) 260
The Jammu and Kashmir High Court refused to quash an FIR registered under the Prevention of Corruption Act against certain public officials, despite acknowledging that the initial phase of investigation was conducted without the mandatory prior approval under Section 17A of the PC Act.
Case-Title: UNION TERRITORY OF J&K AND ORS. VS SALEEMA BEGUM & Ors
Citation: 2025 LiveLaw (JKL) 261
The Jammu & Kashmir High Court the writ court's finding of negligence on the part of the Power Development Department in the electrocution death of a 45-year-old man, holding that such hazardous activities attract presumed negligence, especially when no contrary material is brought on record by the department.
Case Title: Abdul Aziz Reshi Vs UT Of J&K
Citation: 2025 LiveLaw (JKL) 262
“Judicial restraint is especially warranted where the subject-matter requires specialized knowledge, such as the alignment of highways or public roads, which is fundamentally a matter of technical feasibility and infrastructural prudence,” observed Justice Wasim Sadiq Nargal of the High Court of Jammu & Kashmir and Ladakh while dismissing a petition against the construction of a rural road.
Case-Title: U.T. OF J&K vs SHAKEEL AHMAD BHAT
Citation: 2025 LiveLaw (JKL) 263
The Jammu & Kashmir High Court upheld the government's decision to scrap the selection process for Class IV/MTS posts in a district, citing serious irregularities in the procedure.
Case Title: Naveed Bashir Wani Vs Varqa Bashir & Ors
Citation: 2025 LiveLaw (JKL) 264
In a pivotal ruling on the rights of women under the Protection of Women from Domestic Violence Act, 2005, the High Court of Jammu and Kashmir and Ladakh held that a Domestic Incident Report (DIR) is not mandatory for a Magistrate to grant interim or ex parte relief under the statute.
Case-Title: Iqbal Singh vs Pankaj Sharma
Citation: 2025 LiveLaw (JKL) 265
The Jammu and Kashmir High Court came down heavily on a police officer for violating the directions laid down by the Supreme Court in the landmark judgement of Arnesh Kumar v. State of Bihar, 2014, on guidelines for arrest.
Case Title: Dr Noor Mohammad Bilal Vs UT Of J&K
Citation: 2025 LiveLaw (JKL) 266
Emphasising that the power of the constitutional courts cannot be exercised by transferring the investigation just for the asking nor is transfer directed only to satisfy the ego or vindicate prestige of a party interested for such investigation the High Court of Jammu and Kashmir and Ladakh at Srinagar dismissed a writ petition seeking a fresh investigation by the CBI into a house burglary case.
Case-Title: IQBAL MUBARIK vs UT of J&K
Citation: 2025 LiveLaw (JKL) 267
The Jammu and Kashmir High Court held that the Department of Home is liable to reimburse GST in addition to the fixed rent to hotel owners whose accommodations have been requisitioned for housing security forces.
Case Title: M/S PMT Industries Vs UT Of J&K
Citation: 2025 LiveLaw (JKL) 268
Reinforcing the rights of small industrial units, the High Court of Jammu and Kashmir and Ladakh at Srinagar reiterated that the arbitrary withholding of payment for completed work is violative of Article 14 of the Constitution of India. A bench of Justice Wasim Sadiq Nargal thus directed the Union Territory administration and concerned departments to release the long-pending dues to a registered Small Scale Industrial (SSI) Unit, for execution of government-assigned works.
Case-Title: Met Life India Insurance Company Ltd vs Abdul Aziz Khan
Citation: 2025 LiveLaw (JKL) 269
The Jammu & Kashmir High Court set aside an order passed by the Consumer Commission, citing that it was “bereft of any reasons” and rendered without affording an opportunity to the insurance company to produce evidence in rebuttal against the claimant's statement.
Case-Title: Peerzada Muneer Ahmad vs Aaliya Anjum
Citation: 2025 LiveLaw (JKL) 270
The Jammu & Kashmir High court held that a Magistrate is empowered to drop proceedings or revoke interim orders issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) if, upon hearing the respondent and examining the record, it is found that no case is made out.
Case Title:Syed Jameel Qaiser & Ors Vs J&K State Cable Car Corp.
Citation: 2025 LiveLaw (JKL) 271
Declaring that irregular appointments cannot be equated with illegal ones, the High Court of Jammu & Kashmir and Ladakh ruled that qualified individuals appointed through a proper selection process and who have served in sanctioned posts for more than a decade are entitled to regularization of their services.
Case-Title: MOHAMMAD AKBAR SHEIKH vs MST JANA AND ORS
Citation: 2025 LiveLaw (JKL) 272
The Jammu & Kashmir High Court set aside an order passed by the Additional District Magistrate, Kupwara, under Section 145 of the Criminal Procedure Code, holding that the attachment of land and handing over of possession to third parties was done without adhering to the statutory procedure.
Case Title: Amir Medical Store Vs UT Of J&K
Citation: 2025 LiveLaw (JKL) 273
Reinforcing the legal principle that statutory remedies must be exhausted before invoking constitutional jurisdiction, the High Court of Jammu and Kashmir and Ladakh held that orders passed under Section 10 of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988, are appealable under Section 12 of the same Act.
Case Title: Arshad Ahmed Allaie Vs UT Of J&K
Citation: 2025 LiveLaw (JKL) 274
The Jammu & Kashmir and Ladakh High Court reaffirmed that bail in cases under the UA(P) Act and NDPS Act is subject to strict legal conditions as these laws apply especially when the offence involves terrorism or narco-terrorism.
The Court made it clear that delay in trial or long incarceration alone is not enough to relax these restrictions. If there is prima facie evidence of the accused's involvement, the stringent bail provisions must be followed, it emphasised.
If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High Court
Case-Title: J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATION
Citation: 2025 LiveLaw (JKL) 275
The Jammu & Kashmir High Court held that in the absence of a Waqf Tribunal constituted under Section 83 of the Waqf Act, the bar on civil court jurisdiction under Section 85 of the Act does not apply. The court said that litigants cannot be left remediless where no forum exists for adjudicating waqf-related disputes.
Case-Title: J&K Road Transport Corporation vs Shareefa & Ors
Citation: 2025 LiveLaw (JKL) 276
The Jammu & Kashmir High Court has partially upheld a writ court's order directing reinstatement of a conductor wrongfully terminated by the State Road Transport Corporation (SRTC), holding that while the employee is entitled to reinstatement, full back wages cannot be awarded in the absence of pleadings regarding gainful employment.
Case Title: Ravinder Kumar Vs Financial
Citation: 2025 LiveLaw (JKL) 277
Reiterating the narrow scope of Paragraph 100 of Standing Order No. 23-A, the High Court of Jammu & Kashmir and Ladakh held that a mutation entry cannot be used to delete the name of a co-sharer or to confer exclusive ownership.
Case-Title: Zahoor Ahmad Bhat and Ors Vs UT of J&K
Citation: 2025 LiveLaw (JKL) 278
The Jammu and Kashmir High Court held that the percentage of reservation of a community under the J&K Reservation Act must not exceed the population share of that community.
The court thus allowed the withdrawal of multiple petitions challenging the vires of various provisions of the J&K Reservation Rules, 2005, after observing that Section 3 of the parent Act was not under challenge in any of the petitions.
Case Title: Mohammad Shafi Bhat & Ors Vs Ghulam Nabi Bhat & Ors.
Citation: 2025 LiveLaw (JKL) 279
The High Court of Jammu & Kashmir and Ladakh ruled that the presumption of correctness attached to entries in revenue records under Section 31 of the J&K Land Revenue Act cannot be dislodged merely by swearing an affidavit.
Case-Title: Mohan Lal Angral Vs UT of J&K & Ors.
Citation: 2025 LiveLaw (JKL) 280
The Jammu & Kashmir High Court took strong exception to the “regionalised” approach of the UT administration, noting that the High Court's decision in conferring land ownership rights was selectively implemented in the Srinagar wing and not in the Jammu wing.
Case Title: National Insurance Co Vs Naresh Kumar
Citation: 2025 LiveLaw (JKL) 281
Clarifying the scope of driving licenses for commercial vehicles, the High Court of Jammu & Kashmir and Ladakh held that a driver holding a valid licence to drive a "transport vehicle" is competent to operate both heavy goods vehicles and passenger carrying vehicles without the need for a separate Public Service Vehicle (PSV) endorsement.
Case-Title: Mushtaq Ahmad Jan & Ors Vs Govt. Of J&K
Citation: 2025 LiveLaw (JKL) 282
The Jammu & Kashmir High Court held that the State cannot be permitted to invoke the doctrine of adverse possession to legitimise forcible and unauthorised occupation of private land, reiterating that such action is a violation of both constitutional and human rights of the citizen.
Case-Title: GHULAM MOHAMMAD PAYER Vs AMANULLA KHAN,
Citation: 2025 LiveLaw (JKL) 283
The Jammu and Kashmir High Court ruled that a complainant alleging a cognizable offence is not bound to first approach the police for lodging an FIR and may directly move the Magistrate under Section 200 CrPC.
The Court added that no illegality is committed in such cases where the Magistrate takes cognizance based on the complaint.
Case-Title: Mst. Sundri and Ors Vs J&K Bank &Anr
Citation: 2025 LiveLaw (JKL) 284
The Jammu & Kashmir High Court held that a secured creditor is not required to issue a fresh notice to the legal heirs of a deceased borrower before invoking Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.
Case-Title: UT of J&K vs Ameer Hamza Shah
Citation: 2025 LiveLaw (JKL) 285
The Jammu & Kashmir held that advocating for the secession of Jammu & Kashmir from the Union of India constitutes an "unlawful activity" under the Unlawful Activities (Prevention) Act, 1967, and squarely attracts Section 13(1) of the Act.
J&K And Ladakh High Court Upholds Acquittal In 2005 Jammu Terror Case
Case Title: State of Jammu and Kashmir Vs Tajinder Singh
Citation: 2025 LiveLaw (JKL) 286
"Non-association of independent civilian witnesses, despite their availability at the time of arrest and alleged recovery, casts a serious shadow over the credibility of the investigation" , observed the High Court of Jammu and Kashmir and Ladakh while upholding the acquittal of two men accused in a 2005 terror-linked arms recovery case in Jammu.
Case Title: Naresh Kumar Gulia Vs Directorate of Enforcement
Citation: 2025 LiveLaw (JKL) 287
In a crypto-currency fraud case, the High Court of Jammu & Kashmir and Ladakh denied the pre-arrest bail plea by Naresh Kumar Gulia, who is alleged to have set up a huge fake crypto Ponzi scam that tricked many investors in India and other places.
Mere Involvement In 'Grave Economic Offence' Not Organised Crime U/S 111 Of BNS: J&K&L High Court
Case Title: Aamir Bashir Magray Vs UT Of J&K
Citation: 2025 LiveLaw (JKL) 288
Observing that the invocation of organised crime provisions under Section 111 of the Bharatiya Nyaya Sanhita (BNS) requires strict compliance with the statutory prerequisites, the Jammu & Kashmir and Ladakh High Court ruled that mere involvement in a grave economic offence is not sufficient to attract the rigours of Section 111 BNS.
Complainant's Incarceration Is A Valid Reason To Allow Condonation Of Delay: J&K&L High Court
Case Title: Waheed Shafi Sheikh Vs Naseer Ahmad Ganai
Citation: 2025 LiveLaw (JKL) 289
The High Court of Jammu and Kashmir and Ladakh held that a complainant's time in jail is a valid reason to excuse delay in filing appeals, even if a special power of attorney was appointed to represent him.
Case-Title: Naseer Ahmad Sheikh vs Jammu and Kashmir Bank limited
Citation: 2025 LiveLaw (JKL) 290
The Jammu & Kashmir High Court took strong exception to the retrospective dismissal of the officer, passed after his retirement and noted that the punishment imposed was not commensurate with the nature of the alleged lapses.
Case Title: MUBASHIR AHMAD WANI Vs MEELAZ MUBASHIR & ANOTHER
Citation: 2025 LiveLaw (JKL) 291
Affirming the expansive protective scope of the Domestic Violence Act, 2005, the High Court of Jammu & Kashmir and Ladakh held that a woman aggrieved by domestic violence is entitled to seek residence or other reliefs under Sections 18 to 22 of the Act in any legal proceeding including enforcement proceedings under Section 488(3) of the J&K CrPC (Pari Materia with Sec 125 CrPC) by invoking Section 26 of the Act.