Jammu & Kashmir And Ladakh High Court Weekly Roundup May 12 - May 18, 2025

Smt Balbir Kour Vs State Bank Of India 2025 LiveLaw (JKL) 183

Mohammad Ashraf Bhat vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 184

Mohammad Ashraf Mir Vs J&K State Forest Corporation & Others 2025 LiveLaw (JKL) 185

Farooq Ahmad Lodhi Vs Union of India 2025 LiveLaw (JKL) 186

Ghazanfar Ali vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 187

Khursheed Ahmad Naqeeb Vs State of J&K & Ors 2025 LiveLaw (JKL) 188

Waqar Younis Vs UT Of J&K 2025 LiveLaw (JKL) 189

Bilal Ahmad Yatoo Vs UT Of J&K 2025 LiveLaw (JKL) 190

Ashok Toshkhani Vs UT Of J&K 2025 LiveLaw (JKL) 191

Mohammad Tufail Vs Muzaffar Hussain 2025 LiveLaw (JKL) 192

Amanullah Khan Vs Union of India & Ors 2025 LiveLaw (JKL) 193

Sher Mohd Vs UT Of J&K 2025 LiveLaw (JKL) 194

Judgments/Orders:

Family Pension Rules Must Be Interpreted Liberally For Disabled Dependents: J&K High Court

Case Title: Smt Balbir Kour Vs State Bank Of India

Citation: 2025 LiveLaw (JKL) 183

Underscoring the importance of social welfare and inclusive interpretation of pension rules, the Jammu and Kashmir and Ladakh High Court ruled that provisions governing family pension for disabled persons must be interpreted liberally to ensure genuine claimants are not excluded.

'Preventive Detention Is A Double-Edged Sword': J&K High Court Quashes PSA Detention Against Advocate Muhammad Ashraf Bhat

Case-Title: Mohammad Ashraf Bhat vs Union Territory of J&K & Ors

Citation: 2025 LiveLaw (JKL) 184

The High Court of Jammu & Kashmir and Ladakh 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 who enforce it and against those it is used.

Right To Promotion Not Conferred From Date Of Vacancy Unless Rules Permit Retrospective Effect: J&K HC Rejects Claim For Backdated Promotion

Case Title: Mohammad Ashraf Mir Vs J&K State Forest Corporation & Others

Citation: 2025 LiveLaw (JKL) 185

The High Court of Jammu & Kashmir and Ladakh 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.

Landowners Have No Right Over Aerial Space For Transmission Lines, Aerial Right Of Way Continues With State: J&K High Court

Case Title: Farooq Ahmad Lodhi Vs Union of India

Citation: 2025 LiveLaw (JKL) 186

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 held that individual landowners cannot assert any legal, fundamental, or constitutional rights over aerial space traversed by high-tension transmission lines.

When Party Can Understand English & Urdu, No Prejudice Is Caused If Acquisition Notice Is Not Published In Regional Language: J&K High Court

Case-Title: Ghazanfar Ali vs Union Territory of J&K & Ors

Citation: 2025 LiveLaw (JKL) 187

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.

Failing To Discuss Irrelevant Statutory Provisions Is Not An Error Apparent On Record: J&K High Court Dismisses Review Plea

Case Title: Khursheed Ahmad Naqeeb Vs State of J&K & Ors

Citation: 2025 LiveLaw (JKL) 188

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 dismissed a review petition filed by a retired employee of Sher-i-Kashmir International Conference Centre (SKICC), seeking reconsideration of its earlier judgment.

Not Just Registered Owner, But Bonafide Owner Can Also Seek Release Of Vehicle Seized In NDPS Case: J&K High Court

Case Title: Waqar Younis Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 189

Reaffirming the powers of criminal courts under the NDPS Act, the High Court of Jammu & Kashmir and Ladakh 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 categories are also covered under the definition of "owner" in law.

Police Act | Officer Cannot Resign Without SP's Leave Or Two Months Notice: J&K High Court Dismisses Constable's Plea

Case Title: Bilal Ahmad Yatoo Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 190

“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.

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

Case Title: Ashok Toshkhani Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 191

The High Court of Jammu and Kashmir and Ladakh 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 their objections, and proceed in accordance with Sections 109, 110, and 111-A, particularly when disputed questions of title arise.

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

Case Title: Mohammad Tufail Vs Muzaffar Hussain

Citation: 2025 LiveLaw (JKL) 192

Underscoring the sanctity of judicial procedure and evidentiary rigour, the High Court of Jammu & Kashmir and Ladakh 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."

No Bar On Supplementary Award For Compensation For Trees, Buildings Omitted In Original Land Acquisition Award: J&K High Court

Case Title: Amanullah Khan Vs Union of India & Ors

Citation: 2025 LiveLaw (JKL) 193

The Jammu and Kashmir and Ladakh High Court 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.

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

Case Title: Sher Mohd Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 194

The High Court of Jammu and Kashmir and Ladakh at Jammu 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 in any of the contentions raised.