Jammu and Kashmir and Ladakh High Court Weekly Roundup December 8 - December 14, 2025

Zahoor Ahmad Rada & Ors. vs UT of J&K 2025 LiveLaw (JKL) 306

Arfaz Mehboob Tak Vs Union of India 2025 LiveLaw (JKL) 307

WASEEM AHMAD DAR Vs UT OF J&K & ORS 2025 LiveLaw (JKL) 308

Abdul Khaliq Nengroo vs Collector Land Acquisition Pulwama 2025 LiveLaw (JKL) 309

M/s Gogi Motor Store Vs Citizen's Co-operative Bank 2025 LiveLaw (JKL) 310

Dr. Mohammad Himayun through Attorney Abdul Gani Bhat Vs Nishat Ara & Ors 2025 LiveLaw (JKL) 311

Farooq Ahmed Sheikh Vs Financial Commissioner Revenue 2025 LiveLaw (JKL) 312

Residents of Village Silgam Vs UT Of J&K, United Auqaf Committees Aishmuqam Pahalgam Vs UT Of J&K 2025 LiveLaw (JKL) 313

Residents of Village Siligam, Adhard vs Union Territory of Jammu & Kashmir 2025 LiveLaw (JKL) 314

Sanjay Kumar & Anr Vs State of J&K 2025 LiveLaw (JKL) 315

MEHRAJ AHMAD GANAI AND ANR. Vs MST. SARA BEGUM & ORS 2025 LiveLaw (JKL) 316

U. T. of J&K and others vs. Kashmir Singh 2025 LiveLaw (JKL) 317

M/s Rightway Construction Company Vs UT Of J&K 2025 LiveLaw (JKL) 318

Judgments/Orders

Failure To Provide Sample & Report To Accused Vitiates Trial Under Drugs Act: J&K&L High Court

Case-Title: Zahoor Ahmad Rada & Ors. vs UT of J&K

Citation: 2025 LiveLaw (JKL) 306

The Jammu & Kashmir and Ladakh High Court quashed criminal proceedings initiated under the Drugs and Cosmetics Act against a petitioner, holding that mandatory safeguards prescribed under the statute, namely furnishing of a portion of the sample and a copy of the Government Analyst's report to the accused, were violated.

“Reasonable Grounds” To Grant Bail Pending Trial In NDPS Cases Cannot Be Interpreted As 'Proof' Under BSA: J&K High Court

Case Title: Arfaz Mehboob Tak Vs Union of India

Citataion: 2025 LiveLaw (JKL) 307

Underscoring the importance of a balanced interpretation of "reasonable grounds" in the context of bail applications, the Jammu and Kashmir and Ladakh High Court emphasized that such grounds must go beyond mere suspicion yet fall short of conclusive proof.

'Anti-National' Posts/Chats On Facebook Justified Preventive Custody: J&K&L High Court Declines Detainee's Plea

Case-Title: WASEEM AHMAD DAR Vs UT OF J&K & ORS

Citation: 2025 LiveLaw (JKL) 308

The Jammu and Kashmir High Court upheld a preventive detention order passed against a detainee accused of posting content on Facebook that raised security concerns, observing that the decision of the detaining authority was not mechanical, but based on material that could reasonably lead to satisfaction that preventive custody was necessary.

Concept Of 'Tentative Award' Is Foreign To Land Acquisition Act: J&K&L High Court Upholds Landowners' Right To Seek Reference

Case-Title: Abdul Khaliq Nengroo vs Collector Land Acquisition Pulwama

Citation: 2025 LiveLaw (JKL) 309

The Jammu & Kashmir High Court held that the Land Acquisition Act does not recognise the concept of a “tentative award”, clarifying that what is often referred to as such is merely a tentative assessment of compensation subject to approval of the competent authority.

SARFAESI Act | Borrower's Right To Redeem Secured Asset Ends With Publication Of Auction Notice: J&K&L High Court

Case Title: M/s Gogi Motor Store Vs Citizen's Co-operative Bank

Citation: 2025 LiveLaw (JKL) 310

Reaffirming of the legal bar under the amended Section 13(8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the High Court of Jammu & Kashmir and Ladakh has held that a borrower's right to redeem a secured asset stands extinguished the moment the Auction Notice is published, if dues are not cleared before such publication.

J&K&L High Court Slams 82-Year-Old 'Habitual Litigator' For Abusing Legal Process; Dismisses Plea With ₹2 Lakh Costs

Case Title: Dr. Mohammad Himayun through Attorney Abdul Gani Bhat Vs Nishat Ara & Ors

Citation: 2025 LiveLaw (JKL) 311

The High Court of Jammu & Kashmir and Ladakh dismissed a plea filed by an 82-year-old Attorney Holder Abdul Gani Bhat, imposing ₹2 lakh exemplary costs while warning that his conduct of filing habitual pleas poses a serious threat to the administration of justice.

No Parallel Proceedings; Revenue Authorities Should Step Aside Once Civil Court Takes Up Dispute: J&K&L High Court

Case Title: Farooq Ahmed Sheikh Vs Financial Commissioner Revenue

Citation: 2025 LiveLaw (JKL) 312

The High Court of Jammu & Kashmir and Ladakh held that revenue authorities cannot run concurrent proceedings once a civil court has already seized a dispute. Court noted that this principle was violated in a Kupwara land-pathway dispute where both sides simultaneously sought remedies before different forums.

“13 Yrs Lost To Administrative Paralysis”: J&K&L High Court Slams Govt For Delay In Establishing Degree College In Pahalgam Constituency

Case Title: Residents of Village Silgam Vs UT Of J&K, United Auqaf Committees Aishmuqam Pahalgam Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 313

The Jammu & Kashmir and Ladakh High Court, in a powerfully worded judgment, expressed deep anguish over more than a decade of administrative indecision that prevented the establishment of a sanctioned Government Degree College in the Pahalgam constituency.

Courts Must Be Judicious While Granting Interim Relief In Matters Involving Public Infrastructure & Welfare Schemes: J&K&L High Court

Case-Title: Residents of Village Siligam, Adhard vs Union Territory of Jammu & Kashmir

Citation: 2025 LiveLaw (JKL) 314

The Jammu & Kashmir and Ladakh High Court flagged delays that stalled the establishment of the Aishmuqam Degree College for more than a decade, resulting in what the Court described as “avoidable hardship” and “educational loss” to successive batches of students.

Proof Of Occurrence Crucial, Victim's Minority Cannot Rescue Doubtful Prosecution: J&K&L High Court Acquits Gang Rape Accused

Case Title: Sanjay Kumar & Anr Vs State of J&K

Citation: 2025 LiveLaw (JKL) 315

The Jammu & Kashmir and Ladakh High Court ruled that where the prosecution fails to prove the very occurrence of the alleged crime through clear, cogent and uncontradictory evidence, the minority of the alleged victim cannot be invoked as a fallback to sustain conviction.

Dismissal Of Appeal As Withdrawn Not Compromise Decree Unless Court Passes Decree Under Order 23 Rule 3 CPC: J&K&L High Court

Case-Title: MEHRAJ AHMAD GANAI AND ANR. Vs MST. SARA BEGUM & ORS

Citation: 2025 LiveLaw (JKL) 316

The Jammu & Kashmir High Court held that an appellate order dismissing an appeal as withdrawn does not amount to a compromise decree merely because a written compromise was placed on record, unless the court records its satisfaction and passes a decree in terms of the compromise as required under Order XXIII Rule 3 of the Code of Civil Procedure.

Umadevi Judgment Not A Shield For Perpetual Temporary Employment: J&K HC

Case Name : U. T. of J&K and others vs. Kashmir Singh

Citation: 2025 LiveLaw (JKL) 317

A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal held that daily rated worker engaged prior to 31-03-1994 and continuously employed for decades cannot be denied regularization under SRO-64 on the pretext of being a casual labourer. Further, the Umadevi Judgment cannot be invoked to justify perpetual temporary employment for permanent work.

Contractor Not Responsible For Dept's Failure To Obtain Administrative Approvals; Govt Must Clear Admitted Dues: J&K&L High Court

Case Title: M/s Rightway Construction Company Vs UT Of J&K

Citation; 2025 LiveLaw (JKL) 318

The Jammu and Kashmir and Ladakh High Court emphasized that it is not the job of a contractor to ensure that all administrative approvals, technical sanctions, or legal formalities are completed before undertaking contractual obligations.