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

Nominal IndexZahoor Ahmad Rada & Ors. vs UT of J&K 2025 LiveLaw (JKL) 306Arfaz Mehboob Tak Vs Union of India 2025 LiveLaw (JKL) 307WASEEM AHMAD DAR Vs UT OF J&K & ORS 2025 LiveLaw (JKL) 308Abdul Khaliq Nengroo vs Collector Land Acquisition Pulwama 2025 LiveLaw (JKL) 309M/s Gogi Motor Store Vs Citizen's Co-operative Bank 2025 LiveLaw (JKL) 310Dr. Mohammad Himayun through...

Bombay High Court Denies Interim Relief To Chinese Restaurant House of Mandarin In 'HOM' Trademark Dispute

The Bombay High Court has refused interim relief to a Mumbai Chinese cuisine restaurant, House of Mandarin, in a trademark infringement and passing off suit over the use of the mark “HOM.” By an order dated December 19, 2025, Justice Sharmila U Deshmukh held that no prima facie case was made out. The court said House of Mandarin failed to show that the acronym “HOM” had...

Gujarat High Court Directs Release Of Imported Distillate Fuel Seized For Infringement Of Cloud Point, Cites Varied Opinions On Parameters

The Gujarat High Court recently directed release of imported Distillate Fuel Oil which was seized by the Directorate of Revenue Intelligence for not meeting the cloud point parameters, observing that respondent authorities had no definite opinions and the opinions vary so far as the parameter of Cloud Point is concerned.Cloud point refers to the temperature at which paraffin wax or other...

[Bihar Excise Act] No Presumption Against Motorcycle Owner If Liquor Found On Person Of Co-Rider: Patna High Court

The Patna High Court recently observed that where illicit liquor is recovered from the person of a co-accused and not from any part of the vehicle, the motorcycle cannot be said to have been used in the commission of an offence under the Bihar Prohibition and Excise Act. Consequently, the statutory presumption under Section 32 of the Act against the owner of the vehicle does not arise unless...

High Court Seeks UT's Response On PIL Challenging Constitutionality Of J&K Tenancy Act 2025

The High Court of Jammu & Kashmir and Ladakh on Thursday sought the response of the Union Territory administration to a Public Interest Litigation (PIL) challenging the constitutional validity of the Jammu and Kashmir Tenancy Act, 2025, which has restructured the adjudicatory framework for landlord-tenant disputes in the Union Territory.A Division Bench comprising Chief Justice Arun Palli...

Delhi High Court Flags Customs' Practice Of Mentioning Communicating Officer's Name In Order Instead Of Deciding Officer

The Delhi High Court has disapproved of the Customs Department mentioning the name of such officer in the order who communicated it to the party, instead of the officer who actually passed the order.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“Orders which are passed have to be signed by the Officials who pass the said orders. The communication of the same can be...

New Supreme Court Rules On Communication Of Arrest Grounds Apply Prospectively: HP High Court Dismisses Pleas Challenging Arrest

The Himachal Pradesh High Court dismissed 29 petitions which challenged the legality of arrests on the ground that the police did not furnish written grounds of arrest.The Court remarked that the Supreme Court's directions mandating written communication of grounds of arrest in the judgement of Mihir Rajesh Shah v/s State of Maharashtra apply prospectively and does not invalidate arrests...

Multiple-Noticee GST Cases Must Be Adjudicated By Single Commissionerate Based On Highest Demand: Delhi High Court

The Delhi High Court has made it clear that in cases involving multiple noticees, adjudication has to be done by a single commissionerate, depending upon the highest monetary demand.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“This Court is of the opinion that in cases involving multiple noticees, the adjudication cannot be done by different commissionerates and...

Madras High Court To Inspect Marina Beach, Verify Location Of Vendor Shops & Facilities To Be Provided Under Blue Flag Area Scheme

The Madras High Court has decided to inspect the Marina Beach to have a clarity on the locations where vendors would be allowed and the facilities that would be provided as part of the Blue Flag Area Scheme. Justice R Suresh Kumar and Justice AD Jagadish Chandira have decided to visit the beach on 22nd December. The court directed the stakeholders, including representatives from the...

Customs Act | Gujarat High Court Directs Release Of Seized Imported Fuel Oil, Says Samples Were Collected In Owner's Absence

The Gujarat High Court recently directed the release of imported Distillate Fuel Oil seized by the Directorate of Revenue Intelligence, observing that the samples that were collected and sent for testing of parameters was neither collected in the presence of the proper officer or of the owner/importer of the goods. The petitioner's goods–i.e., imported Distillate Fuel Oil was seized by...

GST Not Leviable On Interest/Penalty Charged By Chit Fund Companies For Delayed Payment Of Monthly Subscriptions: AP High Court

The Andhra Pradesh High Court held that interest and penalty collected by chit fund companies from defaulting subscribers for delayed payment of instalments are not taxable under GST. Justices R. Raghunandan Rao and T.C.D. Sekhar examined whether the interest/penalty collected for the delay in payment of the monthly subscription by the members forms a supply under GST. In the case...

Determinable Lease Cannot Be Specifically Enforced; Interim Injunction Barred U/S 14(d) Specific Relief Act: J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that no specific performance or interim injunction can be granted in respect of a lease agreement which is determinable in nature, reiterating the statutory bar contained under Section 14(d) of the Specific Relief Act, 1963.A bench of Justice Sanjay Dhar upheld the refusal of interim injunction sought by the plaintiffs against a...