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

Nominal Index:Oasis Girls School Vs XXX 2025 LiveLaw (JKL) 332Basharat Ahmad Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 333Abdul Gani Ganai Vs Habibullah Ganai 2025 LiveLaw (JKL) 334Dharmarth Trust J&K Vs Industrial Tribunal & Anr 2025 LiveLaw (JKL) 335Irfan Yousuf Vs IIT Jammu, Nagrota Campus & Ors 2025 LiveLaw (JKL) 336Residents of Seenthakran, Tehsil & District Udhampur Vs UT...

Matrimonial Remedies Can Overlap, But Cruelty Claims Cannot Emerge Selectively: J&K&L High Court Quashes S.498A IPC FIR

Examining the interface between multiple matrimonial remedies, the Jammu and Kashmir and Ladakh High Court has held that strict segregation of proceedings under Section 125 CrPC, the Protection of Women from Domestic Violence Act 2005, and criminal prosecution under Section 498-A IPC is not always necessary, particularly because allegations of domestic violence, dowry demand, mental cruelty and physical harassment are often interlinked.However, to substantiate this interlinkage, Justice Sanjay...

Second Arbitral Reference Maintainable When Award Is Set Aside Without Adjudication On Merits: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a second reference to arbitration is maintainable where an arbitral award has been set aside under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") without any adjudication on merits of the claims, leaving the underlying disputes unresolved. Justice Sanjay Dhar said while allowing the...

Arbitral Tribunal Not Declared As “Court”, False Evidence Before Arbitrator Does Not Attract S.195 CrPC: J&K&L High Court

Clarifying the scope of criminal law in arbitral proceedings, the High Court of Jammu & Kashmir and Ladakh has held that the bar contained in Section 195 of the Code of Criminal Procedure does not apply to allegations of false evidence given before an Arbitral Tribunal, as an arbitrator is not a “court” within the meaning of that provision.“… the term “Court” has been defined...

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

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. Justices Sindhu Sharma and Shahzad Azeem stated that the appeal was filed online within statutory period along with the copy of order and therefore,...

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

The Jammu & Kashmir and Ladakh High Court has 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.Justice Sanjay Dhar held that such...

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

In a sensitive case involving allegations by a granddaughter against her own grandfather, the High Court of Jammu & Kashmir and Ladakh has 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.Justice Sanjay Dhar, while deciding a Bail Application, underscored...

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

The High Court of Jammu & Kashmir and Ladakh has 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.Applying this doctrine, a Division Bench comprising Justice Sanjeev Kumar and...

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

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 has ruled that no sanction is required once the official has demitted office or retired.Justice Sanjay Dhar made this clear while dismissing a petition challenging...

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

Holding that criminal courts are not meant to function as passive recipients of police reports, the Jammu and Kashmir and Ladakh High Court has 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...

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

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 has 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...

J&K&L High Court Issues Notice On PIL Seeking ST Status, PSP Certificates For 1947 PoJK Displaced Persons

The Jammu & Kashmir High Court issued notice in a Public Interest Litigation seeking Scheduled Tribe (ST) status and issuance of PSP certificates to persons displaced from Pakistan-occupied Jammu and Kashmir (PoJK) in 1947.The PIL has been filed by the Jammu Kashmir Action Committee through its President Gurdev Singh and was heard by a Division Bench comprising Chief Justice Arun Palli...