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 High Court of J & K and Ladakh

Irregularity In Selection List Cant Confer Fresh Appointment To Unselected Candidate Under Closed Scheme: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has dismissed a woman's petition alleging that the education authorities illegally appointed a lower-ranked candidate as a Rehbar-e-Taleem Teacher after accepting his belated application, holding that any irregularity in his selection would not, by itself, confer upon her a right to appointment under the closed Scheme.The Court made these...

Passport Authority Cannot Deny Date Of Birth Correction To Minor, Ignoring Corrected Records: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a passport authority cannot refuse to consider correction of a minor's date of birth merely because the earlier passport carried an incorrect date for several years, particularly when the error was subsequently corrected in the school records and the earlier birth certificate was cancelled by the competent authority.While holding so...

Probate No Longer Mandatory To Claim Rights Under Will After Omission Of S.213 Indian Succession Act: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that after Section 213 of the Indian Succession Act, 1925, was omitted by Act No. 39 of 2025, obtaining probate is no longer mandatory before claiming rights under a Will.The High Court consequently set aside the rejection of a request for attestation of mutation of inheritance and directed the Tehsildar concerned to reconsider it...

J&K&L High Court Denies Bail To Four Accused In Gang Rape Of 15-Year-Old Girl, Cites Unrebutted POCSO Act Presumption

The Jammu & Kashmir and Ladakh High Court has dismissed the bail plea of four accused facing trial for the alleged gang rape of a 15-year-old girl, holding that the seriousness of the offences, the statutory presumption under the POCSO Act and the severity of the prescribed punishment weighed against their release on bail.The Court was hearing Bail Application filed by Irqan Ahmad Dar,...

J&K Bank MD Cannot Dismiss Employee Without Inquiry By Equating His Powers With Governor Under Article 311(2)(c): High Court

The High Court of Jammu & Kashmir and Ladakh has held that the power vested with the Managing Director and CEO of the Jammu & Kashmir Bank under Clause 12.29 of the Officers Service Manual to dismiss an employee without holding an inquiry is not akin to the constitutional power vested with the President or Governor under Article 311(2)(c) of the Constitution of India.The Court...

J&K Bank Falls Within Definition of Industry; Employees Are Workmen Under Industrial Disputes Act: High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Jammu and Kashmir Bank falls within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947, and its employees working in non-managerial or non-supervisory capacity qualify as "workmen" under Section 2(s) of the Act.The Court accordingly dismissed a writ petition seeking promotion, holding that...

Investigating Agencys Jurisdiction Determined By Offences Disclosed In FIR, Not Those Ultimately Established: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the jurisdiction of an investigating agency is not dependent upon the nature of the offences that may ultimately be established after investigation but depends upon the offences disclosed in the FIR at the time of its registration. If the offences initially disclosed fall within the agency's jurisdiction, it can proceed with...

Sloganeering For Secession Alongside Separatist Leader Can Attract UAPA: J&K&L High Court Sets Aside Discharge Order

The High Court of Jammu & Kashmir and Ladakh has set aside the discharge order of an accused in a UAPA case, observing that the trial court had failed to apply the correct legal parameters at the stage of framing of charge.The Court held that the material on record, including allegations of leading a mob with the head of a proscribed separatist organisation, raising anti-national slogans,...

J&K&L High Court Quashes Re-Tendering Of 39 Works After Financial Bids Were Opened, Says Authority Cannot Act Arbitrarily

The High Court of Jammu & Kashmir and Ladakh has quashed the cancellation and subsequent re-tendering of 39 public works after their financial bids had already been opened, holding that although an L-1 bidder does not acquire a vested right to the contract, the authority's power to cancel a tender must be exercised fairly, rationally and in accordance with Article 14 of...

Mere Possession Of Allegedly Anti-National Books Does Not Make One A Criminal: J&K&L High Court Quashes Detention Of Scholar

The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of an academic scholar who was detained under the Public Safety Act, holding that mere possession of books with dispiriting titles does not make a person a criminal requiring preventive detention.The Court observed that the detaining authority had failed to show any subversive activity attributed to the...