Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 28 - May 4, 2025

IRSHAD RASHID SHAH vs UT OF J&K & OTHERS 2025 LiveLaw (JKL) 168

Mohd. Ayub vs UT of J&K 2025 LiveLaw (JKL) 169

Asif Amin Thokar vs UT of J&K 2025 LiveLaw (JKL) 170

Irshad Rashid Shah Vs UT Of J&K 2025 LiveLaw (JKL) 171

Jitendra Narayan Tyagi @ Syed Waseem Rizvi vs UT of J&K 2025 LiveLaw (JKL) 172

Ashok Kumar Bhagat Vs UT Of J&K 2025 LiveLaw (JKL) 173

Pawan Kumar Vs Ranbir Singh 2025 LiveLaw (JKL) 174

Judgments/Orders:

Accepting Lower Post Under Compulsion Doesn't Bar Legitimate Claims Due To Procedural Lapses In Selection Process: J&K High Court

Case-Title: IRSHAD RASHID SHAH vs UT OF J&K & OTHERS

Citation: 2025 LiveLaw (JKL) 168

The Jammu and Kashmir High Court held the petitioner's acceptance of the Constable post as against claim made for Sub-inspector on compassionate grounds did not negate his original claim because it was made after a prolonged struggle and under duress.

J&K High Court Grants Bail To 74-Yr-Old Father-In-Law In Rape Case Filed By Daughter-In-Law

Case Title: Mohd. Ayub vs UT of J&K

Citation: 2025 LiveLaw (JKL) 169

The Jammu and Kashmir High Court granted ad-interim anticipatory bail to the petitioner against whom charges are filed under heinous offence like rape filed by his own daughter-in-law. The FIR also included other offences, including section 333, 76, 115(2), and 352 of BNS.

J&K High Court Extends Bail Of NDPS Accused To Allow Him To Attend Surgery Of His Minor Daughter

Case-Title: Asif Amin Thokar vs UT of J&K

Citation: 2025 LiveLaw (JKL) 170

The Jammu and Kashmir High Court, acknowledging that the presence of an elder male guardian during a minor child's surgery is essential, granted a short-term release order to the petitioner who had been accused under the NDPS Act.

A bench of Justice Rahul Bharti observed that court cannot loose site of the fact that presence of an elder male member of a family for attending upon an ailing daughter requiring surgery/hospitalization is a call of the day keeping in view the nature of the Civil and Social of which all of us are part of.

J&K Compassionate Appointment Rules | Rule 3(2) Extends Discretion To Govt To Appoint Dependents To Higher Posts: High Court

Case Title: Irshad Rashid Shah Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 171

Shedding light on the the statutory structure of compassionate appointments under SRO 43 of Jammu and Kashmir (Compassionate Appointment) Rules, 1994, the High Court of Jammu and Kashmir and Ladakh has held that Rule 3(1) is a general provision for offering appointments in the lowest non-gazetted posts, while Rule 3(2) confers exclusive discretionary power upon the Government in the General Administration Department (GAD) to appoint an eligible family member of a deceased employee to a higher non-gazetted post based on merit and recruitment rules.

J&K High Court Stays Proceedings In Criminal Case Against Jitendra Tyagi For Derogatory Remarks Against Islam, Prophet Mohammad

Case-Title: Jitendra Narayan Tyagi @ Syed Waseem Rizvi vs UT of J&K

Citation: 2025 LiveLaw (JKL) 172

The Jammu and Kashmir High Court held that the trial court erred in taking the cognizance against petitioner under sections 153-A, 295-A & 505(1) of IPC by-passing the required sanction from central government as provided under section 196 of Cr.PC.

Trial Judges Relying On Staff For Drafting Interim Orders Is An Unhealthy Practice, Must Write Or Dictate Orders Themselves: J&K High Court

Case Title: Ashok Kumar Bhagat Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 173

Spotlighting on procedural integrity in the subordinate judiciary, the High Court of Jammu & Kashmir and Ladakh, while dismissing a petition challenging the framing of charges in a forgery case, issued a cautionary note to trial magistrates against delegating the drafting of interim orders including those related to framing of charges to subordinate staff.

NI Act | Demand Notice Must Be Read As A Whole, Cannot Be Dismissed Over A Solitary Error: J&K High Court

Case Title: Pawan Kumar Vs Ranbir Singh

Citation: 2025 LiveLaw (JKL) 174

Reinforcing the statutory mandate under the Negotiable Instruments Act, the High Court of Jammu & Kashmir and Ladakh ruled that a solitary typographical error in a statutory notice under the Negotiable Instruments Act, 1881, cannot override the overall content and intent of the notice, thus refusing to quash cheque dishonour proceedings involving Rs. 21 lakhs.