"Failed To Ensure Reasonable Accommodation": J&K High Court Overturns AAI's Cancellation Of Visually Impaired Law Graduate's Candidature For Job

Reaffirming the rights of persons with disabilities, the High Court of Jammu & Kashmir and Ladakh has quashed the disqualification of a visually impaired law graduate from recruitment to the Airports Authority of India (AAI), holding that the authorities “failed to take necessary steps to ensure reasonable accommodation” as mandated under the law.Justice Javed Iqbal Wani, while...

Court While Referring Parties To Arbitration Cannot Direct That Arbitral Award Should Be Filed Before It: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that the court, while referring parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), cannot direct that the award, passed after the conclusion of the arbitration proceedings, be filed before it. Brief Facts: The defendant had approached the plaintiff...

Offence Of Criminal Trespass Not Obliterated Once Possession Of Land Is Recovered From Illegal Occupants: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held that the offence of criminal trespass is not extinguished merely because the possession of State land is later recovered from the illegal occupant.“The moment a person illegally occupies the State land with a view to insult or annoy any person in possession of such property or with an intent to commit an offence, the offence under...

J&K High Court Slams Arbitrary Demolition Of Senior Citizen's Property, Orders Payment Of ₹86 Lakhs For 'Clandestine' Action

The Jammu and Kashmir and Ladakh High Court on Wednesday delivered a scathing rebuke to the UT administration for its arbitrary demolition of properties owned by one Abdul Majid, a 69-year-old resident of Bathindi, Jammu.Justice Wasim Sadiq Nargal, while allowing two writ petitions declared the demolition illegal, restored Majid's ownership rights, and awarded him ₹76.4 lakh in compensation...

J&K High Court Seeks Clarification From Authorities On Building Permission & Clinical Registration For Nursing Homes

The J&K High Court has sought comprehensive details from multiple authorities and respondents regarding alleged illegal construction and operation of a nursing home without proper permissions.A bench of Justice Moksha Khajuria Kazmi was hearing the matter pertains to objections raised under Section 8(1) of the Control of Building Operations Act, 1988. The Court directed respondents to...

Statutory Limitations U/S 37 Of NDPS Act Limited To Merits, Not Humanitarian Grounds: J&K HC Permits Interim Bail To Elderly Man With Critical Medical Issues

Underlining the balance between the rigours of the NDPS Act and humanitarian concerns, the High Court of Jammu & Kashmir and Ladakh, Srinagar Wing, has granted temporary bail to a 71-year-old man suffering from serious health ailments. The Court held,“Provisions of Section 37 of the NDPS Act come into play only when bail of a person accused of an offence involving commercial quantity...

S.142 NI Act | No Bar On Magistrates From Adhering To Pre-Cognisance Notice Requirements U/S 223 Of BNSS: J&K High Court Clarifies

The Jammu and Kashmir and Ladakh High Court has clarified that the provisions of Section 142 of the Negotiable Instruments Act, 1881 (N.I. Act) do not bar Magistrates from adhering to the pre-cognizance notice requirements under Section 223 of the Bharatiya Nagrik Suraksha Sanhita (BNSS).A bench of Justice Mohammad Yousuf Wani emphasized that while the N.I. Act mandates specific procedures...

J&K High Court Restrains Police From Filing Final Report Against Three Animal Rights Activists Without Prior Permission

J&K High court has directed the Station House Officer (SHO) of concerned Police Station not to submit the final report in an FIR against three animal rights activists under Sections 333, 115(2), and 191(2) of the BNS without prior permission of the Court.The petitioner had sought quashment of the FIR on the ground that it was a retaliatory measure followed by the FIR registered at...

Fiction Of Subsisting Contract Between Advocate & Deceased Client Only For Limited Purpose Of Informing Court About Client's Death: J&K High Court

Reinforcing a critical procedural safeguard, the High Court of Jammu and Kashmir and Ladakh at Srinagar has held that Order XXII Rule 10A CPC introduces a legal fiction deeming the contract between an advocate and a deceased party as subsisting but only for the limited and essential purpose of requiring the advocate to inform the Court about the death of the party they represent.This...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 28 - May 4, 2025

Nominal Index:IRSHAD RASHID SHAH vs UT OF J&K & OTHERS 2025 LiveLaw (JKL) 168Mohd. Ayub vs UT of J&K 2025 LiveLaw (JKL) 169Asif Amin Thokar vs UT of J&K 2025 LiveLaw (JKL) 170Irshad Rashid Shah Vs UT Of J&K 2025 LiveLaw (JKL) 171Jitendra Narayan Tyagi @ Syed Waseem Rizvi vs UT of J&K 2025 LiveLaw (JKL) 172Ashok Kumar Bhagat Vs UT Of J&K 2025 LiveLaw (JKL)...

FIR Not Invalid Merely Due To Prior Civil Or Criminal Case, But Must Be Scrutinized For Ulterior Motives If Filed Soon After: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has observed that an FIR cannot be dismissed merely on the ground that it was lodged after the initiation of a civil or criminal proceeding. However, when such FIRs are filed shortly thereafter, the Court stressed, they must be closely examined to rule out any ulterior motives behind the criminal prosecution, the court clarified.The observation...

NI Act | Demand Notice Must Be Read As A Whole, Cannot Be Dismissed Over A Solitary Error: J&K High Court

Reinforcing the statutory mandate under the Negotiable Instruments Act, the High Court of Jammu & Kashmir and Ladakh has ruled that a solitary typographical error in a statutory notice under the Negotiable Instruments Act, 1881, cannot override the overall content and intent of the notice, thus refusing to quash cheque dishonour proceedings involving Rs. 21 lakhs.Dismissing a plea...