Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 21 April 27, 2025

State of J&K vs Ishtiyaq Ali 2025 LiveLaw (JKL) 152

Kuldeep Sharma vs UT if J&K &Ors 2025 LiveLaw (JKL) 153

Abdul Gani and another vs UT of J&K 2025 LiveLaw (JKL) 154

Gulzar Begum and another vs Raja Begum and others 2025 LiveLaw (JKL) 155

Sita Ram vs UT if J&K &Ors 2025 LiveLaw (JKL) 156

Falaq Mukhtar Vs UT Of J&K 2025 LiveLaw (JKL) 157

Anil Kumar Yadav Vs Directorate of Enforcement 2025 LiveLaw (JKL) 158

Ranjit Kour & Another Vs UT Of J&K 2025 LiveLaw (JKL) 159

Anamika Devi Vs UT Of J&K 2025 LiveLaw (JKL) 160

Dinesh Kumar Vs UT Of Leh 2025 LiveLaw (JKL) 161

Mohammad Shafiq Dar vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 162

Abdul Majid Bhat vs Gulzar Ahmad Bhat 2025 LiveLaw (JKL) 163

Jammu Cooperative House Building Society Vs UT Of J&K 2025 LiveLaw (JKL) 164

Rahil Chowdhary Vs UT Of J&K 2025 LiveLaw (JKL) 165

Tsewang Thinles Vs UT Of Ladakh 2025 LiveLaw (JKL) 166

J&K HORTICULTURE PRODUCE MARKETING AND PROCESSING CORPORATION Vs ABDUL RAZAK MALLA & OTHERS 2025 LiveLaw (JKL) 167

Judgments/Orders:

No Complaints Of Cruelty During 30-Yr Marriage, Absence Of Incriminating Proof: J&K High Court Upholds Husband's Acquittal In Abetment Case

Case-Title: State of J&K vs Ishtiyaq Ali

Citation: 2025 LiveLaw (JKL) 152

The Jammu and Kashmir High Court held that in the absence of any substantial and credible evidence or any prior complaints, FIRs, or consistent testimony of cruelty over the 30-year marriage, it cannot be proved that the accused has abetted or instigated the commission of suicide of his deceased wife.

Arms License Issuing Authority Must Procure Police Report & Conduct Enquiry Before Rejecting License Despite Multiple FIRs: J&K High Court

Case-Title:- Kuldeep Sharma vs UT if J&K &Ors.

Citation: 2025 LiveLaw (JKL) 153

The Jammu and Kashmir High Court held that even if there are multiple FIRs against the applicant seeking renewal of his arms license, the licensing authority is bound by statute to call for the police verification report from the concerned police station before refusing to renew the arms license.

Land Acquisition Proceedings Lapse If Award Is Not Passed Within 2 Years Of Declaration Being Made: J&K High Court

Case-Title: Abdul Gani and another vs UT of J&K,

Citation: 2025 LiveLaw (JKL) 154

The Jammu and Kashmir High Court held that if no award is passed within two years after the declaration is made, the entire land acquisition proceedings shall stand lapsed unless stayed by the court.

Civil Courts Cannot Adjudicate Disputes Over Determination Of Right To Possess Land Under Agrarian Land Reforms Act: J&K High Court

Case-Title: Gulzar Begum and another vs Raja Begum and others

Citation: 2025 LiveLaw (JKL) 155

The Jammu and Kashmir High Court held that where in a suit right to possession is claimed or disputed and it is referable to the officer or the authority appointed under the Agrarian Reforms Act, the Civil Court is debarred from settling such a dispute.

Higher Salary Mistakenly Credited To Employee Cannot Be Recovered, But Employee Cannot Seek Continuation Of Erroneous Benefits: J&K High Court

Case-Title:- Sita Ram vs UT if J&K &Ors

Citation: 2025 LiveLaw (JKL) 156

The Jammu and Kashmir High Court held that the claim of the petitioners to avail the benefit of a mistake of fact, despite the mistake having been detected and corrected, is totally misconceived and cannot be accepted.

J&K HC Dismisses Plea Challenging Dental College Recruitment, Says Candidates Who Participated Without Protest Cannot Subsequently Challenge Process

Case Title: Falaq Mukhtar Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 157

The Jammu and Kashmir and Ladakh High Court dismissed a petition challenging the Government Order No. 383-JK(HME) of 2024, which altered the selection criteria for Senior Residents/Registrars in Government Dental and Medical Colleges.

S.531 BNSS | Stage Of Proceedings Is Pivotal In Determining Applicability Of BNSS Or CRPC: J&K High Court Explains

Case Title: Anil Kumar Yadav Vs Directorate of Enforcement

Citation: 2025 LiveLaw (JKL) 158

Clarifying the legal framework regarding the applicability of the old and new criminal procedural laws, the High Court of Jammu & Kashmir and Ladakh ruled that the relevant factor for determining the applicability of BNSS or CrPC, 1973, is the stage of the case prevailing immediately prior to 01.07.2024.

[S. 498a IPC] Cruelty Not Dependent On Suicide Or Self-Harm, Causing Grave Mental Or Physical Injury Sufficient To Attract Offence: J&K High Court

Case Title: Ranjit Kour & Another Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 159

Reinforcing the protective scope of Section 498A IPC, the High Court of Jammu & Kashmir and Ladakh, while rejecting two petitions seeking quashing of an FIR lodged under sections 498A and 109 IPC, held that “if the conduct of husband or his relatives is accompanied with an intention to cause grave injury to a woman, whether or not she was driven to commit suicide or inflict grave injury upon herself, is immaterial, it would amount to cruelty within the meaning of Section 498A IPC.”

Two Adults Choosing Each Other In Marriage Is A Constitutional Right, Consent Of Family Or Clan Not Necessary: J&K High Court

Case Title: Anamika Devi Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 160

Reinforcing individual autonomy and constitutional liberties, the High Court of Jammu and Kashmir and Ladakh, while disposing of a protection plea filed by a young married couple, ruled that two adults choosing each other in marriage is a constitutional right, not subject to family or community approval.

Statement Of Child Victims Susceptible In Imposing Atmosphere Of Courtroom: J&K HC Upholds Man's Sentence For Sexually Assaulting 4-Yr-Old

Case Title: Dinesh Kumar Vs UT Of Leh

Citation: 2025 LiveLaw (JKL) 161

The Jammu and Kashmir & Ladakh High Court underscored the inherent vulnerability of child witnesses in courtroom settings while upholding the conviction of Dinesh Kumar for sexually assaulting a minor girl in Leh in the year 2017.

Submitting Invalid But Genuine Certificate In Recruitment Process Is Neither Fraud Nor Misrepresentation For Disqualifying Candidate: J&K High Court

Case-Title:Mohammad Shafiq Dar vs Union Territory of J&K & Ors

Citation: 2025 LiveLaw (JKL) 162

The Jammu and Kashmir High Court held that submitting a certificate issued by an unrecognised organisation could at best be considered as invalid for the purposes of recruitment but same does not amount to fraud or misrepresentation on the part of the candidate.

Registration Of Gift Deed Does Not Make It Valid Under Muslim Law Without Declaration Or Formal Acceptance Of Property: J&K High Court

Case-Title: Abdul Majid Bhat vs Gulzar Ahmad Bhat

Citation: 2025 LiveLaw (JKL) 163

The Jammu and Kashmir High Court held that merely because the gift under muslim law is a registered one does not obivate the possibility of the gift being invalid. The court said that what is important in muslim law while executing a gift deed is that all the essential conditions required to valid gift are present.

J&K Provident Fund Act | PF Coverage Without Gazette Notification Is 'Non Est' In Law: High Court

Case Title: Jammu Cooperative House Building Society Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 164

Reinforcing the legal sanctity of Gazette notifications for the applicability of labour welfare statutes, the High Court of Jammu and Kashmir and Ladakh ruled that unless a notification under Subsection (4) of Section 1 of the Jammu and Kashmir Employees' Provident Funds and Miscellaneous Provisions Act, 1961 is issued and published in the Official Gazette, any proceedings regarding registration of a cooperative society under the Act are “non est in the eyes of law.”

Courts Cannot Conduct Comparative Study Of Natural Resource Allocation: J&K High Court Dismisses Plea Challenging Mining Lease Cancellation

Case Title: Rahil Chowdhary Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 165

Reaffirming the judiciary's restraint in matters of policy, the High Court of Jammu & Kashmir and Ladakh, while dismissing a writ petition seeking cancellation of mining leases, held that courts cannot conduct a comparative study of methods for distribution of natural resources, as such decisions fall within the exclusive domain of the Executive.

POCSO Act | Section 34 Empowers Special Courts To Determine Age Of Both Offender & Victim: J&K High Court Remands Case For Fresh Age Inquiry

Case Title: Tsewang Thinles Vs UT Of Ladakh

Citation: 2025 LiveLaw (JKL) 166

Clarifying the jurisdiction of Special Courts under the Protection of Children from Sexual Offences Act (POCSO), the Jammu & Kashmir and Ladakh High Court held that the Special Court is empowered not just to determine the age of the accused, but also of the victim.

No Work No Pay Principle Inapplicable When Employee Is Kept Away Due to Employer's Act: J&K High Court

Case Title: J&K HORTICULTURE PRODUCE MARKETING AND PROCESSING CORPORATION Vs ABDUL RAZAK MALLA & OTHERS

Citation: 2025 LiveLaw (JKL) 167

Reiterating a significant principle of employment law, the High Court of Jammu and Kashmir and Ladakh held that the doctrine of "no work no pay" cannot be pressed into service when an employee is kept away from work by the act or omission of the employer.