[Prevention Of Corruption Act] Violating Provision For Prior Approval In Initial Probe Does Not Vitiate Entire Process: J&K High Court

The Jammu and Kashmir High Court has refused to quash an FIR registered under the Prevention of Corruption Act against certain public officials, despite acknowledging that the initial phase of investigation was conducted without the mandatory prior approval under Section 17A of the PC Act.A bench of Justice Sanjay Dhar held that violation of Section 17A in the initial phase of investigation...

Notification For Vacancies Only An Invitation To Apply, Not A Guarantee Of Appointment: J&K High Court

Reiterating the legal position that a candidate does not acquire an indefeasible right to appointment merely by participating in the recruitment process, the High Court of Jammu and Kashmir and Ladakh dismissed a writ petition filed by Sushant Khajuria, an unsuccessful aspirant for the post of Probationary Officer (PO) in Jammu and Kashmir Bank.Quoting the Supreme Court, Justice Javed Iqbal...

J&K High Court Quashes Embezzlement Case Against Ex-Head Of SMHS Hospital, Says Expenditure Was 'Motivated By Patient Care & Exigency'

In granting relief to a former Medical Superintendent of SMHS Hospital, Srinagar, the Jammu & Kashmir High Court has quashed criminal proceedings against the petitioner in an embezzlement case, holding that his conduct lacked mens rea and was already ratified by competent authorities.A bench of Justice Sanjay Dhar observed that although there may have been procedural irregularities, "the...

J&K High Court Upholds Arbitral Award Of ₹1.37 Crore To Entrepreneur Whose Gulmarg Hotel's Lease Was Illegally Terminated By Govt

The Jammu & Kashmir High Court has upheld Rs. 1.37 crore in compensation to a woman entrepreneur whose hotel lease was wrongfully cancelled, stating that illegal termination of lease resulted in losses to the extent of Rs.1,37,57,009/.A bench of Justice Sanjay Dhar held that the Arbitral tribunal was justified in awarding the amount towards the financial loss suffered by the...

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...