Kashmir University Doing Great Disservice To Students By Hiring Guest Faculty To Circumvent Need For Contracutal Teachers: J&K High Court

The Jammu & Kashmir High Court has delivered a judgment reinforcing the legal principle that “one ad hoc arrangement cannot be replaced by another of similar nature,” and criticised the University of Kashmir for replacing contractual faculty with visiting and guest lecturers.It further directed the respondent University to continue the services of contractual law lecturers until a...

HC Cannot Order Re-Investigation Until Trial Court Decides On Whether Probe Is Tainted Or Not, Causes Prejudice To Accused: J&K High Court

The Jammu & Kashmir High Court has refused to entertain a writ petition seeking reinvestigation or alteration of charges in an alleged assault and disrobing case, directing the petitioner to pursue remedies before the trial court.A bench of Justice Sanjay Parihar observed that the petitioner had an adequate opportunity before the trial court to raise her grievances, and that writ...

Jammu & Kashmir And Ladakh High Court Monthly Digest: June 2025

Nominal Index:Iftikhar Ashraf Trumboo vs Furqaan Ah. Rather 2025 LiveLaw (JKL) 217Thakur Ashwani Singh vs State of Punjab 2025 LiveLaw (JKL) 218Attiqa Bano Vs National Insurance Company Ltd 2025 LiveLaw (JKL) 219Tahir Riyaz Dar vs UT of J&K 2025 LiveLaw (JKL) 220Sajad Ahmad Khan Vs Union of India & Ors 2025 LiveLaw (JKL) 221Bhole Bhandari Charitable Trust Vs Shri Amarnathji Shrine...

J&K HC Acquits Man Accused Of Killing Wife By Setting Bed Ablaze, Says It Was Unexplained Why He Didn't Save His Son If He Was Present At Scene

The Jammu & Kashmir High Court acquitted a man convicted for murder, pointing to multiple shortcomings in the prosecution's case, including variations and contradictions in the initial report and testimony of key witnesses and conflicting accounts of the type of weapons used, the manner of assault, and nature of injuries.The court also expressed concern over the prosecution's failure...

J&K High Court Stays Single-Bench Order To Repatriate 63-Year-Old Pakistan-Origin Woman Deported After Pahalgam Attack

A Division Bench of the Jammu and Kashmir High Court today stayed the operation of a repatriation order passed by a single judge bench, which had directed the Union Ministry of Home Affairs (MHA) to repatriate a 63-year-old Pakistani-origin woman, who was deported following the Pahalgam attack.The Letters Patent Appeal (LPA) titled Union of India vs Rakshanda Rashid Th. Falak Zahoor, 2025,...

J&K High Court Directs FCI To Refund Almost ₹8 Lakh To Transport Contractor, Says Retrospective Recovery Based On Revised Route Is Illegal

The High Court of Jammu and Kashmir and Ladakh on Monday directed the Food Corporation of India (FCI) to refund an amount of ₹7,93,456 to a transport contractor, M/s Durga Enterprises, after holding that recoveries made retrospectively based on revised route distances were illegal and contrary to contractual terms and policy guidelines.Underscoring the binding nature of contract terms,...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: June 23 - June 29 2025

Nominal Index:Court of its own motion Vs State of J&K & Ors. 2025 LiveLaw (JKL) 244Abdul Qayoom Ganie and Ors. Vs UT of J&K and others 2025 LiveLaw (JKL) 245Anish Rajulia Vs Union of India 2025 LiveLaw (JKL) 246Tarmat Ltd. Vs Union of India and others 2025 LiveLaw (JKL) 247Shamim Ahmad Parray Vs State of J&K 2025 LiveLaw (JKL) 248Bhagu Ram & Ors Vs Joint Financial...

Voluntarily Acquiring Citizenship Of Pakistan Resulted In Termination Of Indian Citizenship: J&K High Court Upholds Deportation Order

The High Court of Jammu & Kashmir and Ladakh, while dismissing a 34-year-old writ petition challenging deportation orders, held that "The petitioners have acted in their own volition and acquired the citizenship of a foreign Country. Their passports and the residential permit issued in their favour are cogent, unequivocal evidence of the fact that the petitioners are not citizens of...

J&K High Court Grants Bail To Man Accused Of Shooting Wife, Notes That Crucial Eyewitnesses Including Son & Daughter Turned Hostile

The Jammu and Kashmir High Court has granted regular bail to a man accused of murdering his wife with a firearm, observing that the prosecution has failed to produce any clinching or credible evidence connecting him to the crime.A bench of Justice Rajesh Sekhri allowed the bail application, holding that “in such cases of 'no evidence', courts are obliged to take a holistic view and...

When Both Parties Are Equally At Fault, Law Will Leave Them Alone: J&K High Court Dismisses Appeal In Land Compensation Case

Reiterating the doctrine of pari delicto, the High Court of Jammu and Kashmir and Ladakh has held that where both parties are equally at fault in entering into an illegal agreement, the law will not intervene to determine their inter se rights and liabilities.The Division Bench comprising Justice Sindhu Sharma and Justice Rajesh Sekhri thus dismissed a Letters Patent Appeal filed by one...

Revenue Authorities Can Decide Cases On Merits While Exercising Transfer Powers U/S 10 Of Land Revenue Act: J&K High Court

Reiterating the wide discretionary powers conferred upon senior revenue authorities under Section 10 of the Jammu and Kashmir Land Revenue Act, the High Court of Jammu and Kashmir and Ladakh has ruled that officers such as the Collector, Divisional Commissioner, and Financial Commissioner are legally empowered to decide matters on merits while exercising their authority to withdraw and...

Evidence Act | S.106 Cannot Be Used To Fill Gaps In Prosecution Case Without A Firm Foundation: J&K High Court

Reaffirming foundational principles of criminal jurisprudence, the High Court of Jammu & Kashmir and Ladakh has ruled that Section 106 of the Indian Evidence Act cannot be invoked to fill material gaps in the prosecution case unless the foundational facts necessary to shift the onus are first firmly established.While acquitting accused Shamim Ahmad Parray @ Koka Parray and Mst. Gulshana,...