J&K High Court Weekly Round-Up: July 7 To July 13, 2025

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

Judgments/Orders:

Voluntarily Acquiring Citizenship Of Pakistan Resulted In Termination Of Indian Citizenship: J&K High Court Upholds Deportation Order

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."

J&K High Court Directs FCI To Refund Almost ₹8 Lakh To Transport Contractor, Says Retrospective Recovery Based On Revised Route Is Illegal

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.

J&K HC Acquits Man Accused Of Killing Wife By Setting Bed Ablaze, Says It Was Unexplained Why He Didn't Save His Son If He Was Present At Scene

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.

HC Cannot Order Re-Investigation Until Trial Court Decides On Whether Probe Is Tainted Or Not, Causes Prejudice To Accused: J&K High Court

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.

Kashmir University Doing Great Disservice To Students By Hiring Guest Faculty To Circumvent Need For Contracutal Teachers: J&K High Court

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.

J&K High Court Upholds Arbitral Award Of ₹1.37 Crore To Entrepreneur Whose Gulmarg Hotel's Lease Was Illegally Terminated By Govt

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/.

J&K High Court Quashes Embezzlement Case Against Ex-Head Of SMHS Hospital, Says Expenditure Was 'Motivated By Patient Care & Exigency'

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.

Notification For Vacancies Only An Invitation To Apply, Not A Guarantee Of Appointment: J&K High Court

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.

[Prevention Of Corruption Act] Violating Provision For Prior Approval In Initial Probe Does Not Vitiate Entire Process: J&K High Court

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.

J&K High Court Orders Compensation Of Over ₹11 Lakhs For Death Due To Falling 11,000 KV Supply Wire, Says Negligence Of Power Dept Is Presumed

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.

J&K High Court Dismisses Challenge To Tral Link Road Project, Says Judicial Restraint Is Crucial In Areas Requiring Technical Expertise

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.

J&K High Court Upholds Decision To Scrap Recruitment, Says Process Cannot Be Salvaged By Separating Tainted & Untainted Candidates

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.

DV Act | Magistrate Can Grant Ex-Parte Relief Even In Absence Of Domestic Incident Report: J&K High Court

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.

'Should've Been Ashamed': J&K HC Issues Contempt Notice Against Cop For Violating SC Guidelines, Arresting 69-Yr-Old 8 Months After FIR

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.

Investigation Cannot Be Transferred Merely To Satisfy Prestige: J&K High Court Dismisses Plea Seeking CBI Probe Into Alleged House Theft

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.

GST Payable On Rent For Hotels Hired By Govt For Security Forces, Liability Of Home Dept To Reimburse: J&K High Court

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.

J&K High Court Directs Govt To Release Pending Payments To SSI For Completed Public Work, Says Arbitrary Withholding Of Pay Violates Article 14

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.

Consumer Forum Cannot Resort To Summary Adjudication Without Allowing Rebuttal To Claimant's Case: J&K High Court

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.

[DV Act] Magistrate Has Power To Drop Proceedings Or Revoke Interim Orders If No Case Is Made Out: J&K High Court

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.

Irregular Appointments Cannot Be Equated With Illegal Ones, Qualified Appointees With 10+ Years' Service Must Be Regularized: J&K High Court

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.

[Section 145 Cr.PC] Land Attachment Order Cannot Be Passed Merely On Tehsildar's Report Apprehending Breach Of Peace: J&K High Court

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.

Rent Assessment Orders Passed By Estate Officers Are Appealable Under J&K Public Premises Act, Writ Petitions Not Maintainable: High Court

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.