Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 17 - February 23, 2025

Ghulam Nabi Sofi VS State of J&K 2025 LiveLaw (JKL) 41

Union Territory of J&K vs Arsam Imtiyaz Malik 2025 LiveLaw (JKL) 42

Chairman, Building Operation Controlling Authority, Srinagar & Ors vs Jameel Hussain Farooqi & Ors 2025 LiveLaw (JKL) 43

Bashir Ahmad Mir Vs State Through P/s Safa Kadal 2025 LiveLaw (JKL) 44

Mohammad Abass Lone Vs Union Of India And Ors 2025 LiveLaw (JKL) 45

Nagraj V Vs UT Of J&K 2025 LiveLaw (JKL) 46

Abdul Rafi Baba & Anr vs Union of India 2025 LiveLaw (JKL) 47

Mian Abdul Qayoom Vs UT Of J&K 2025 LiveLaw (JKL) 48

Majid Hyderi Vs UT Of J&K 2025 LiveLaw (JKL) 49

Syed Murtaza & ors vs Ladakh Autonomous Hill Development Council & Ors 2025 LiveLaw (JKL) 50

MOHAMMAD MAQBOOL vs State of J&K 2025 LiveLaw (JKL) 51

Kashmir Valley Energy Private Limited & Anr Vs Mr.Bashir Ahmad Bhat 2025 LiveLaw (JKL) 52

M/S NAVA HEALTHCARE PVT. LTD vs UT OF J&K 2025 LiveLaw (JKL) 53

Ahsan Ahmad Malik Vs Basharat Feroz Ganie 2025 LiveLaw (JKL) 54

Judgments/Orders:

Govt Employee Cannot Alter Date Of Birth In Service Records After 5 Years Of Submitting Credentials: J&K High Court

Case-Title: Ghulam Nabi Sofi VS State of J&K, 2025

Citation: 2025 LiveLaw (JKL) 41

The Jammu and Kashmir High Court held that the date of birth declared by a Government servant and thereafter recorded by the appropriate authority in the service book or any other record, shall not be subject to any alteration, except in the case of a clerical error, without the orders of the Government.

Withdrawing Of Appointment Without Holding Inquiry Is Illegal Even During Probationary Period: J&K High Court

Case-Title : Union Territory of J&K vs Arsam Imtiyaz Malik, 2025

Citation: 2025 LiveLaw (JKL) 42

The Jammu and Kashmir High Court held that withdrawing the appointment order of an employee without conducting an inquiry is illegal, even if the said employee is in the probationary period. The court ruled that the mere pendency of a criminal case would not justify withdrawing the appointment without holding an inquiry.

Building Violations Committed In Broad Daylight Cannot Be Compounded By Tribunal: J&K High Court Upholds Demolition Order

Case-Title: Chairman, Building Operation Controlling Authority, Srinagar & Ors vs Jameel Hussain Farooqi & Ors

Citation: 2025 LiveLaw (JKL) 43

The Jammu and Kashmir High Court has that unauthorized constructions cannot be validated by paying the compounding fees after such violations, even if a long period has elapsed since those violations. The court said that failure on the part of the competent authorities to act in a timely manner to prevent the violations cannot be a ground to condone these violations.

Offense Of Assaulting Public Servant Not Attracted Unless They Are Acting Lawfully Or Doing Duty Mandated By Law: J&K High Court

Case Title: Bashir Ahmad Mir Vs State Through P/s Safa Kadal

Citation: 2025 LiveLaw (JKL) 44

The Jammu and Kashmir and Ladakh High Court ruled that an offence under Section 353 RPC (assault or use of criminal force against a public servant) cannot be made out if the public servant is not acting lawfully or performing a duty imposed by law.

Issuance Or Renewal Of Passport Can Be Barred Only After Presenting Of Chargesheet In Criminal Cases: J&K High Court

Case-Title: Mohammad Abass Lone Vs Union Of India And Ors

Citation: 2025 LiveLaw (JKL) 45

The Jammu and Kashmir High Court held that the mere registration of an FIR or a pending investigation will not bar the authority from issuing or renewing the passport of the applicant. The court ruled that the authorities cannot refuse to issue or renew the passport unless the charge sheet is presented in the said case FIR.

Offence Being Part Of Commercial Transaction Alone Not Enough To Avoid Trial: J&K High Court

Case Title: Nagraj V Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 46

Dismissing a petition that sought the quashing of an FIR and charge sheet, the Jammu and Kashmir and Ladakh High Court held that merely because the offence was committed during the course of a commercial transaction, it would not suffice to conclude that the complaint does not warrant a trial. The truthfulness of the allegations in the complaint is to be determined based on the evidence presented during the trial in the complaint case, it added.

Petitioner An Indian Citizen, Needs Legal Representation: J&K High Court Grants Consular Access To Kashmiri Engineer Detained In Saudi Arabia

Case-Title: Abdul Rafi Baba & Anr vs Union of India

Citation: 2025 LiveLaw (JKL) 47

The Jammu and Kashmir High Court admitted a writ petition filed by the wife of a detainee and directed the Indian Embassy in Riyadh, Saudi Arabia to file an affidavit regarding the current status of the petitioner who has been detained there under uncertain circumstances.

"Informed Of Grounds Of Arrest”: J&K High Court Dismisses Habeas Corpus Plea By Ex-Bar President Mian Qayoom Against Arrest In Murder Case

Case Title : Mian Abdul Qayoom Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 48

The Jammu and Kashmir and Ladakh High Court dismissed the habeas corpus petition filed by former Bar President Mian Abdul Qayoom, challenging his arrest in the high-profile murder case of Advocate Syed Babar Qadri. The court emphasized that the petitioner had been informed of the grounds of his arrest, affirming the procedural compliance by the authorities.

If Peace-Loving Citizens Are Treated Harshly Under Preventive Detention Law, No 'Peace' Will Be Left: J&K HC Quashes Detention Order Of Journalist

Case Title: Majid Hyderi Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 49

The Jammu and Kashmir High Court held that acts lacking a causal link with the imperative need to detain are liable to be quashed. Court noted that the allegations against the petitioner referenced old social media posts and news articles without proving an ongoing or imminent threat, rendering the preventive detention unsustainable.

Govt Dept Committed Illegality By Withdrawing Posts After Recruitment Had Already Begun: J&K High Court Directs Restoration Of Slots

Case-Title: Syed Murtaza & ors vs Ladakh Autonomous Hill Development Council & Ors.

Citation: 2025 LiveLaw (JKL) 50

The Jammu and Kashmir High Court held that a government department would be committing an illegality by usurping the quota meant to be filled by direct recruitment on the basis of merit through promotion. The court ruled that the government officials, in this case, had acted illegally by withdrawing as many as 29 out of 42 referred posts and filling them through promotion after the exam and interview for direct recruitment had already been conducted.

[Muslim Law] Daughter As Legal Heir Cannot Be Excluded From Revenue Documents Without Recording Valid Reasons: J&K High Court

Case-title : MOHAMMAD MAQBOOL vs State of J&K, 2025

Citation: 2025 LiveLaw (JKL) 51

The Jammu and Kashmir High Court held that where a mutation is attested excluding a legal heir without recording the reasons for exclusion, such a mutation can be set aside. It also stated that an invalid mutation of the record can be challenged without any bar concerning the limitation period.

J&K High Court Seeks State Response On Status Of Stamp Duty Exemptions Given To Companies Engaged In Power Development Projects

Case-Title: Kashmir Valley Energy Private Limited & Anr Vs Mr.Bashir Ahmad Bhat, 2025

Citation: 2025 LiveLaw (JKL) 52

The Jammu and Kashmir High Court directed the concerned state authorities to apprise the court about the status of exemption in paying of stamp duty by power project developing companies in J&K, engaged in setting up power projects under any policy.

Preliminary Inquiry Is Mandatory Before Issuing Process When Accused Resides Beyond Territorial Jurisdiction Of Magistrate: J&K High Court

Case-title : M/S NAVA HEALTHCARE PVT. LTD vs UT OF J&K

Citation: 2025 LiveLaw (JKL) 53

The Jammu and Kashmir High Court held that it is mandatory to conduct an inquiry before issuing process in a case where the accused is residing outside the jurisdiction of the magistrate court. The court held that in the present case, the Magistrate has not conducted any preliminary enquiry nor any investigation has been directed. The court held the impugned order as not sustainable in law.

[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court

Case-Title: Ahsan Ahmad Malik Vs Basharat Feroz Ganie, 2025

Citation: 2025 LiveLaw (JKL) 54

The Jammu and Kashmir High Court held that if a trial court does not consider an application for leave to defend a suit filed by the defendant on merits, the impugned judgment and decree become unsustainable in law.