Reservation Under J&K Reservation Act 2004 Based On Population Share Of Category: J&K High Court Clarifies

The Jammu and Kashmir High Court has held that the percentage of reservation of a community under the J&K Reservation Act is based on 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.A bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri made the...

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

Nominal 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 MRS. RAJINDER OBEROI 2025 LiveLaw (JKL) 257WASEEM QURESHI vs...

Mutation Cannot Be Used To Alter Co-Sharer's Ownership, Only Clerical Corrections Permitted Under Standing Order 23-A: J&K High Court

Reiterating the narrow scope of Paragraph 100 of Standing Order No. 23-A, the High Court of Jammu & Kashmir and Ladakh has held that a mutation entry cannot be used to delete the name of a co-sharer or to confer exclusive ownership.The Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem dismissed an appeal filed by the heirs of one Bishan Dass, while upholding the...

Principle Of 'No Work, No Pay' Inapplicable When Termination Is Illegal: J&K High Court Grants Back Wages To Ex-Bus Conductor

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.A Division Bench of Justice Sanjay Parihar and...

If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High Court

The Jammu & Kashmir High Court has 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.A bench of Justice Sanjay Dhar dismissed the revision...

Bail Cannot Be Granted Merely Due To Delay In Trial In Cases Involving Alleged Narco-Terror Links: J&K High Court

The Jammu & Kashmir and Ladakh High Court has 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...

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

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.Accordingly, the bench comprising Justice Sanjeev Kumar...

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

The Jammu & Kashmir High Court has 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.A bench of Justice Vinod Chatterji Koul said that a magistrate must follow due procedure by...

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

Declaring that irregular appointments cannot be equated with illegal ones, the High Court of Jammu & Kashmir and Ladakh has 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. In a judgment passed by Justice Sanjay Dhar, the Court directed the...

Ex-Govt Advocate Facing Threats From Anti-Nationals Is Entitled To Protection: J&K High Court Orders Security Based On Threat Assessment

The Jammu & Kashmir High Court has directed the security authorities to assess the threat perception of a former Government Advocate and provide adequate security as per rules, observing that the right to life includes the right to live free from threat.A bench of Justice Mohd. Yousuf Wani disposed of a writ petition filed under Article 226 of the Constitution, noting that the petitioner,...

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

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.A bench of Justice Sanjay Dhar, while disposing of a petition challenging DV...

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

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.The matter involved an insurance claim relating to the death of an insured person, where the insurance company raised...