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

The Jammu and Kashmir and Ladakh High Court on Monday reiterated that an arbitrator does not become ineligible merely because he was employed by one of the parties in the past. The court held that past government service, by itself, does not indicate bias under the Arbitration and Conciliation Act unless it is shown that the arbitrator has a continuing business relationship or had advised a party in connection with the dispute. Justice Sanjay Dhar delivered the ruling on December 22, 2025,...

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

Reaffirming the constitutional limits of Public Interest Litigation, the High Court of Jammu & Kashmir and Ladakh has 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.The Division Bench comprising Chief...

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

Underscoring the balance between administrative discretion and public fairness, the High Court of Jammu & Kashmir and Ladakh has 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.At the same time, the Court emphasized that the principle of administrative fairness obligates authorities to genuinely consider representations made by...

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

The Jammu and Kashmir and Ladakh High Court has 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.Observing that the cancellation of candidature was wholly unjustified and illegal, Justice Javed Iqbal Wani imposed ₹1,00,000 as exemplary costs on IIT Jammu, while directing appointment of the petitioner with retrospective effect (excluding monetary benefits). This...

Jammu & Kashmir And Ladakh High Court Weekly Roundup December 15 - December 21, 2025

Nominal Index:Sher-e-Kashmir University of Agriculture Sciences and Technology and another Vs Dr Robinder Nath Koul & Ors 2025 LiveLaw (JKL) 319Abdul Majeed Parray & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 320Tafazul Fazili Vs Sabzar Ahmad Bandh 2025 LiveLaw (JKL) 321UT of J&K vs Som Raj 2025 LiveLaw (JKL) 322Vikas Dhar Vs Financial Commissioner Revenue & Ors 2025 LiveLaw...

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

The High Court of Jammu & Kashmir and Ladakh has 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.Justice M A Chowdhary ruled that the Trust's operations cannot be characterised as purely religious or spiritual carried out in...

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

The Jammu and Kashmir and Ladakh High Court has 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.Justice Wasim Sadiq Nargal, while dismissing a writ petition challenging dismissal of a revision petition on the ground of...

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

The High Court of Jammu and Kashmir and Ladakh has 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.Emphasising that the High Court, as a superior court, is not fettered by such technical limitations, Justice Sanjay Dhar granted bail to an accused in...

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

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 has 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.Justice Sanjay Dhar made it clear...

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...

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...

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...