Jammu & Kashmir And Ladakh High Court Weekly Roundup December 22 - December 28, 2025

Oasis Girls School Vs XXX 2025 LiveLaw (JKL) 332

Basharat Ahmad Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 333

Abdul Gani Ganai Vs Habibullah Ganai 2025 LiveLaw (JKL) 334

Dharmarth Trust J&K Vs Industrial Tribunal & Anr 2025 LiveLaw (JKL) 335

Irfan Yousuf Vs IIT Jammu, Nagrota Campus & Ors 2025 LiveLaw (JKL) 336

Residents of Seenthakran, Tehsil & District Udhampur Vs UT Of J&K 2025 LiveLaw (JKL) 337

Mehbooba Mufti Vs Union of India 2025 LiveLaw (JKL) 338

Union Territory of J&K vs SRM Contractors Ltd 2025 LiveLaw (JKL) 339

Kafil Ahmad Mangral Vs Union of India 2025 LiveLaw (JKL) 340

UT Of J&K Vs Bashir Ahmad Mir 2025 LiveLaw (JKL) 341

Sunny Kashyap Vs UT Of J&K 2025 LiveLaw (JKL) 342

Ghulam Rasool Baba Vs Principal Secretary To Govt & Anr 2025 LiveLaw (JKL) 343

Bajaj Allianz General Insurance Company V/s M/s Hollywood ornaments at Hari Singh High Street, Sgr 2025 LiveLaw (JKL) 344

Ghulam Nabi Ganai Vs UT Of J&K 2025 LiveLaw (JKL) 345

Sajad Ahmad Malik Vs Gulzar Ahmad Wani 2025 LiveLaw (JKL) 346

TC Tours Limited v. Union Territory of J&K and Ors 2025 LiveLaw (JKL) 347

Judgments/Orders:

Child Welfare Committees Have No Power To Recommend Action Against Schools Under Juvenile Justice Act: J&K&L High Court

Case Title: Oasis Girls School Vs XXX

Citation: 2025 LiveLaw (JKL) 332

Holding that a Child Welfare Committee (CWC) has no statutory authority to recommend punitive or legal action against educational institutions, the High Court of Jammu & Kashmir and Ladakh set aside an order passed by the Child Welfare Committee, Srinagar, which had recommended action against a private school for allegedly expelling a minor student.

Successive Bail Plea Maintainable Even Without Change In Circumstances: J&K&L High Court

Case Title: Basharat Ahmad Bhat Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 333

The High Court of Jammu and Kashmir and Ladakh held that a change of circumstances is not a prerequisite for the High Court to entertain a successive bail application where earlier bail pleas have been rejected by an inferior criminal court.

Failure To Frame Specific Issue On Limitation Not Fatal; Courts Can Examine Limitation Suo Motu: J&K&L High Court

Case Title: Abdul Gani Ganai Vs Habibullah Ganai

Citation: 2025 LiveLaw (JKL) 334

The Jammu and Kashmir and Ladakh High Court held that the question of limitation can be subsumed within the broader issues arising from the pleadings, and failure to frame a specific issue on limitation is not fatal, so long as no prejudice is caused to the parties.

Not Purely Religious Or Voluntary: J&K&L High Court Holds Dharmarth Trust As 'Industry' Under Industrial Disputes Act

Case Title: Dharmarth Trust J&K Vs Industrial Tribunal & Anr.

Citation: 2025 LiveLaw (JKL) 335

The High Court of Jammu & Kashmir and Ladakh held that the J&K Dharmarth Trust, by virtue of the systemic, organised and commercial nature of its activities, answers the statutory definition of an “industry” under the Industrial Disputes Act, 1947.

'Arbitrary Cancellation': J&K&L High Court Directs IIT Jammu To Appoint Selected Candidate With Retrospective Effect; Imposes ₹1 Lakh Cost

Case Title: Irfan Yousuf Vs IIT Jammu, Nagrota Campus & Ors

Citation: 2025 LiveLaw (JKL) 336

The Jammu and Kashmir and Ladakh High Court held that the Indian Institute of Technology (IIT) Jammu wrongfully delayed and denied appointment to a duly selected candidate, in clear breach of his legal and constitutional rights.

Health Sub-Centre Location Is Policy Matter, But Residents' Objections Must Be Fairly Considered: J&K&L High Court

Case Title: Residents of Seenthakran, Tehsil & District Udhampur Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 337

Underscoring the balance between administrative discretion and public fairness, the High Court of Jammu & Kashmir and Ladakh held that the choice of location for a government amenity such as a Health Sub-Centre squarely lies within the domain of the competent authority, and no private individual or group can insist upon a particular site.

“Lacking Material Documents, Grounded In Ambiguity”: J&K&L High Court Dismisses Mehbooba Mufti's PIL On Transfer Of Undertrial Prisoners

Case Title: Mehbooba Mufti Vs Union of India

Citation: 2025 LiveLaw (JKL) 338

Reaffirming the constitutional limits of Public Interest Litigation, the High Court of Jammu & Kashmir and Ladakh dismissed a PIL filed by PDP President and former Chief Minister Mehbooba Mufti, holding that the petition was “lacking material documents and grounded in ambiguity” and rested on incomplete, vague and unsubstantiated assertions.

Past Employment With Party Does Not Make Arbitrator Ineligible: J&K&L High Court Reaffirms

Case Title: Union Territory of J&K vs SRM Contractors Ltd

Citation: 2025 LiveLaw (JKL) 339

The Jammu and Kashmir and Ladakh High Court reiterated that an arbitrator does not become ineligible merely because he was employed by one of the parties in the past.

'Baseless Claims Cannot Discredit Documents By Competent Authorities': J&K&L High Court Reiterates Need For Specific Pleadings In Fraud Cases

Case Title: Kafil Ahmad Mangral Vs Union of India

Citation: 2025 LiveLaw (JKL) 340

Underscoring the necessity of precise pleadings while alleging fraud, the High Court of Jammu & Kashmir and Ladakh held that making sweeping and baseless allegations as to the veracity of the documents issued by the competent authorities would not make such documents unreliable.

Surrendering Weapons Without Firing Is Cowardice, Brings Moral Disgrace: J&K&L HC Restores Dismissal Of Constable For Failing To Repel Attack

Case Title: UT Of J&K Vs Bashir Ahmad Mir

Citation: 2025 LiveLaw (JKL) 341

Holding that police personnel entrusted with public safety cannot abdicate their duty in the face of militant violence, the Jammu and Kashmir and Ladakh High Court ruled that the failure of police guards to retaliate a militant attack and their act of surrendering service weapons without firing even a single round amounts to a serious act of cowardice bringing moral disgrace to the police force as a whole.

Criminal Courts Must Proactively Filter Factually Fractured Prosecutions At Challan Stage To Arrest 'Snail-Paced Justice': J&K High Court

Case Title: Sunny Kashyap Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 342

Holding that criminal courts are not meant to function as passive recipients of police reports, the Jammu and Kashmir and Ladakh High Court underscored that from the very presentation of a final police report (challan), courts must proactively apply judicial acumen to examine whether a case discloses a complete and coherent factual foundation warranting trial, or whether it is a factually fractured prosecution destined to collapse.

Sanction Under Prevention Of Corruption Act Not Needed After Public Servant Retires Or Demits Office: J&K&L High Court

Case Title: Ghulam Rasool Baba Vs Principal Secretary To Govt & Anr

Citation: 2025 LiveLaw (JKL) 343

Holding that the statutory protection of prior sanction for prosecution under the Prevention of Corruption law is available only so long as a public servant remains in service, the Jammu and Kashmir and Ladakh High Court ruled that no sanction is required once the official has demitted office or retired.

Jeweller Voluntarily Handing Over Gold To Customer Is 'Entrustment'; Theft Not Covered Under Insurance Policy: J&K&L High Court

Case Title: Bajaj Allianz General Insurance Company V/s M/s Hollywood ornaments at Hari Singh High Street, Sgr.

Citation: 2025 LiveLaw (JKL) 344

The High Court of Jammu & Kashmir and Ladakh held that where possession of insured property is voluntarily transferred on the basis of trust, such transfer amounts to entrustment, and any dishonest loss arising therefrom attracts exclusion clauses notwithstanding that the act may legally amount to theft.

J&K&L High Court Grants Bail To 75-Yr-Old Grandfather Accused By Granddaughter In POCSO Case, Says Involvement Is 'Highly Doubtful'

Case Title: Ghulam Nabi Ganai Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 345

In a sensitive case involving allegations by a granddaughter against her own grandfather, the High Court of Jammu & Kashmir and Ladakh granted bail to a 75-year-old accused, holding that the very edifice of the prosecution case crumbled during trial, and that continued incarceration would be legally impermissible.

Magistrate Cannot Enforce Settlement Order Or Act As Executing Court After Compromise Is Recorded In Cheque Bounce Cases: J&K&L High Court

Case Title: Sajad Ahmad Malik Vs Gulzar Ahmad Wani

Citation: 2025 LiveLaw (JKL) 346

The Jammu & Kashmir and Ladakh High Court underscored that once a lawful compromise is recorded in a complaint under Section 138 of the Negotiable Instruments Act, the trial Magistrate is duty-bound to dispose of the complaint in terms of that compromise and cannot continue to monitor or enforce the settlement by assuming the role of an executing court.

Once GST Appeal Is Filed On Portal, No Mandatory Requirement To File Hard Copy Or Certified Copy Of Order: J&K&L High Court

Case Title: TC Tours Limited v. Union Territory of J&K and Ors.

Citation: 2025 LiveLaw (JKL) 347

The Jammu & Kashmir and Ladakh High Court held that once a GST appeal is filed electronically within the statutory period along with the uploaded order, there is no requirement to file a hard copy or certified copy of the order.