[S.200 CrPC] No Bar On Complainant To Approach Magistrate With Criminal Complaint Before Going To Police: J&K High Court

The Jammu and Kashmir High Court has ruled that a complainant alleging a cognizable offence is not bound to first approach the police for lodging an FIR and may directly move the Magistrate under Section 200 CrPC. The Court added that no illegality is committed in such cases where the Magistrate takes cognizance based on the complaint.A bench of Justice Sanjay Dhar held that “There is no bar...

State Cannot Raise Plea Of Adverse Possession To Forcibly Occupy Citizens' Land Without Due Process: J&K High Court

The Jammu & Kashmir High Court held that the State cannot be permitted to invoke the doctrine of adverse possession to legitimise forcible and unauthorised occupation of private land, reiterating that such action is a violation of both constitutional and human rights of the citizen.The court was hearing an appeal filed by landowners whose 8 kanals and 13 marlas of land were taken over by...

MV Act | Driver Licensed for 'Transport Vehicle' Can Lawfully Drive Passenger Buses Without Separate Endorsement: J&K High Court

Clarifying the scope of driving licenses for commercial vehicles, the High Court of Jammu & Kashmir and Ladakh has held that a driver holding a valid licence to drive a "transport vehicle" is competent to operate both heavy goods vehicles and passenger carrying vehicles without the need for a separate Public Service Vehicle (PSV) endorsement.A bench of Justice Mohammad Yousuf Wani, ...

J&K High Court Flags Regional Disparity By UT Administration In Implementing Court Orders On Land Ownership Across Srinagar And Jammu

The Jammu & Kashmir High Court has taken strong exception to the “regionalised” approach of the UT administration, noting that the High Court's decision in conferring land ownership rights was selectively implemented in the Srinagar wing and not in the Jammu wing.A bench of Justice Rahul Bharti noted that the coordinate Bench's decision in 2016 conferring ownership rights on occupants...

J&K Land Revenue Act | Presumption Of Correctness Of Entries In Revenue Records Cannot Be Overriden By Affidavits: High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that the presumption of correctness attached to entries in revenue records under Section 31 of the J&K Land Revenue Act cannot be dislodged merely by swearing an affidavit.Justice Sanjay Dhar made this observation while setting aside an interim order passed by the 2nd Additional District Judge, Srinagar, which had directed the...

Reservation Under J&K Reservation Act 2004 Must Not Exceed Population Share Of Category: J&K High Court Clarifies

The Jammu and Kashmir High Court has held that the percentage of reservation of a community under the J&K Reservation Act must not exceed the population share of that community.The court thus allowed the withdrawal of multiple petitions challenging the vires of various provisions of the J&K Reservation Rules, 2005, after observing that Section 3 of the parent Act was not under...

J&K High Court Weekly Round-Up: July 7 To July 13, 2025

Nominal Index:Mohd Khalil Qazi Vs State of J&K 2025 LiveLaw (JKL) 252M/S Durga Enterprises Vs FCI & Ors 2025 LiveLaw (JKL) 253Maan Chand vs State 2025 LiveLaw (JKL) 254Parveen Begum vs UT of J&K 2025 LiveLaw (JKL) 255MUSHTAQ AHMAD SHAH & ORS vs UNIVERSITY OF KASHMIR 2025 LiveLaw (JKL) 256UT Of J&K & ORS VS MRS. RAJINDER OBEROI 2025 LiveLaw (JKL) 257WASEEM QURESHI vs...

Mutation Cannot Be Used To Alter Co-Sharer's Ownership, Only Clerical Corrections Permitted Under Standing Order 23-A: J&K High Court

Reiterating the narrow scope of Paragraph 100 of Standing Order No. 23-A, the High Court of Jammu & Kashmir and Ladakh has held that a mutation entry cannot be used to delete the name of a co-sharer or to confer exclusive ownership.The Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem dismissed an appeal filed by the heirs of one Bishan Dass, while upholding the...

Principle Of 'No Work, No Pay' Inapplicable When Termination Is Illegal: J&K High Court Grants Back Wages To Ex-Bus Conductor

The Jammu & Kashmir High Court has partially upheld a writ court's order directing reinstatement of a conductor wrongfully terminated by the State Road Transport Corporation (SRTC), holding that while the employee is entitled to reinstatement, full back wages cannot be awarded in the absence of pleadings regarding gainful employment.A Division Bench of Justice Sanjay Parihar and...

If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High Court

The Jammu & Kashmir High Court has held that in the absence of a Waqf Tribunal constituted under Section 83 of the Waqf Act, the bar on civil court jurisdiction under Section 85 of the Act does not apply. The court said that litigants cannot be left remediless where no forum exists for adjudicating waqf-related disputes.A bench of Justice Sanjay Dhar dismissed the revision...

Bail Cannot Be Granted Merely Due To Delay In Trial In Cases Involving Alleged Narco-Terror Links: J&K High Court

The Jammu & Kashmir and Ladakh High Court has reaffirmed that bail in cases under the UA(P) Act and NDPS Act is subject to strict legal conditions as these laws apply especially when the offence involves terrorism or narco-terrorism.The Court made it clear that delay in trial or long incarceration alone is not enough to relax these restrictions. If there is prima facie evidence of...

Rent Assessment Orders Passed By Estate Officers Are Appealable Under J&K Public Premises Act, Writ Petitions Not Maintainable: High Court

Reinforcing the legal principle that statutory remedies must be exhausted before invoking constitutional jurisdiction, the High Court of Jammu and Kashmir and Ladakh held that orders passed under Section 10 of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988, are appealable under Section 12 of the same Act.Accordingly, the bench comprising Justice Sanjeev Kumar...