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...

J&K&L High Court Dismisses Plea By District Cricket Bodies Seeking Inclusion In JKCA Electoral College; Says No Enforceable Right

The High Court of Jammu & Kashmir and Ladakh has dismissed a writ petition filed by District Kathua Cricket Association and other District Cricket Associations, seeking inclusion in the Electoral College of the Jammu and Kashmir Cricket Association (JKCA).Dismissing their petition Justice Moksha Khajuria Kazmi held that the petitioners have no enforceable right to participate in the...

J&K&L High Court Flags Borrowers' Misuse Of Courts To Stall Loan Recovery; Says Conduct Defeats SARFAESI Act's Purpose

Deploring the growing tendency of defaulting borrowers to misuse judicial remedies to stall recovery of public money, the High Court of Jammu & Kashmir and Ladakh has held that such conduct strikes at the very purpose of the SARFAESI Act.A Division Bench comprising Justice Sindhu Sharma and Shahzad Azeem observed, “... It is highly disturbing that a small but recalcitrant class...

J&K&L High Court Questions Govt, Sports Bodies Over Failure To Respond To PIL Alleging Sports Code Violations; Grants 'Last Opportunity'

The High Court of Jammu & Kashmir and Ladakh at Jammu has expressed strong displeasure over the continued failure of key government authorities and sports bodies to file their responses in a Public Interest Litigation alleging large-scale non-compliance with the National Development Sports Code of India, 2011 in sports associations across the Union Territory.A Division Bench comprising...

Court-Constituted Committees May Delegate Ancillary Tasks, Not Core Decision-making Functions: J&K High Court

The Jammu & Kashmir and Ladakh High Court on Tuesday (16 December) held the law prohibits the delegation of the essential decision-making responsibility and not the delegation of ancillary work.A Single Judge Bench of Justice Wasim Sadiq Nargal observed that once a specific mandate is entrusted to a Committee by judicial order, the law permits the adoption of all reasonable...

Litigant Who Withholds Material Facts Or Attempts To Mislead Court Forfeits His Right To Be Heard On Merits: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court on Monday (15 December) observed that litigant who withholds or suppresses material facts while approaching the Court disentitles himself from being heard on merits and cannot seek or claim any equitable or discretionary relief under Article 226 of the Constitution.A Single Judge Bench of Justice Wasim Sadiq Nargal made this observation...