SRO Benefits Wrongfully Granted To Employee Cannot Be Recovered By Withdrawing Amounts From Salary: J&K High Court

The Jammu and Kashmir High Court held that if benefits under Self-Regulatory Organisation (SRO) scheme is wrongfully granted to the employee by the department without any fraud or misrepresentation played by the employee, the department is not at liberty to recover the same by effecting it from the salary of the employee or pensioner at any given point of time.The Appellant department...

Officers Cannot Claim Seniority Based On Unfilled Vacancies From Previous Years, Actual Date Of Promotion Only Valid Criterion For Hierarchy: J&K HC

Clarifying the fundamental principles governing bureaucratic promotions, the Jammu & Kashmir and Ladakh High Court has decisively ruled that administrative officers cannot claim seniority based on unfilled vacancies from previous years, establishing that the actual date of promotion remains the only valid criterion for determining service hierarchy.Settling a complex seniority...

J&K High Court Denies Bail To Hotelier Who Allegedly Harbored Foreign Terrorists, Provided Them SIM Cards

The Jammu and Kashmir and Ladakh High Court has dismissed the bail plea of Javaid Ahmad Bhat, a Srinagar-based hotelier accused of sheltering two foreign terrorists in his hotel and residence, and facilitating their activities by arranging SIM cards.The bench, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, upheld the Special NIA Court's order rejecting bail, observing that...

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

Nominal Index:XXXX Vs UT of J&K 2025 Livelaw (JKL) 66Abdul Hamid Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 67ARSHID AHMAD GANIE Vs UNION TERRITORY OF JAMMU AND KASHMIR (HOME) 2025 Livelaw (JKL) 68Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho Vs Wazir Onkar Singh 2025 LiveLaw (JKL) 69Meena Kumari vs Sainik Cooperative House Society Ltd 2025 Livelaw (JKL) 70Bilal Hassan Anim vs...

"No Evidence Of Illegal Activities": J&K High Court Dismisses PIL Alleging Exploitation Of Women, Illegal Acts At Adhyatmik Vishva Vidyalaya

The High Court of Jammu & Kashmir and Ladakh has dismissed a Public Interest Litigation (PIL) alleging illegal activities, including exploitation and confinement of women, at the centres of Adhyatmik Vishva Vidyalaya run by spiritual leader Virender Dev Dikshit.The bench, comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary concluded that the petition lacked merit after a...

PSC Has No Locus To Defend Selection Process When Candidate Whose Appointment Was Set Aside By CAT Chose Not To Agitate Matter: J&K High Court

The Jammu and Kashmir High Court dismissed a review petition filed by the J&K Public Service Commission, holding that a constitutional body had no locus standi in defending a selection which was set aside by the Central Administrative Tribunal (CAT), considering the fact that the candidate whose appointment was set aside had not bothered to agitate the issue.Respondent No. 4 was...

Delay In Receiving Award Due To Default In Paying Arbitral Fees Cannot Be Held Against Party Seeking To Challenge Award While Calculating Limitation: J&K HC

The Jammu and Kashmir High Court held that since the delivery of a signed copy of the arbitral award was the mandatory requirement under the arbitration act therefore, the limitation for challenging the said award would arise only after the said signed copy is received by the party seeking to challenge the same.The petitioner had not received the certified copy of the award dated 01.03.2024...

Plea Of Non-Compliance With S.154 CrPC Need Not Be Looked At When Chargesheet Is Filed Disclosing Commission Of Offence: J&K High Court

The Jammu and Kashmir High Court observed that the requirement of checking the non-compliance of the provisions of section 154 CrPC was not needed at the stage when the investigation in the matter was complete and chargesheet had already been filed disclosing the commission of the cognizable offence. The petitioners had challenged the order of magistrate directing the registration of...

Failure To Communicate Rejection Of Detenue's Representation In Time Vitiates Detention Order: J&K High Court

Emphasizing the importance of procedural safeguards in preventive detention cases, the Jammu and Kashmir and Ladakh High Court has ruled that the government's failure to communicate the rejection of a detenue's representation in a time-bound manner is sufficient to vitiate the detention order.Justice Sanjay Dhar, while quashing the detention of one Mohd Iqbal Koka under the Jammu &...

Publishing Notice Only In English Newspaper Without Giving Mandatory Notice In Regional Language Vitiates Land Acquisition Proceedings: J&K HC

The Jammu and Kashmir High Court ruled that not publishing the notices as provided under the land acquisition Act for the benefit of the occupants of the land by publishing the notices in local language at conspicuous places vitiates the entire acquisition proceedings. The petitioner had challenged the land acquisition by the government for the public purposes citing that they had...

No Absolute Right To Bypass Mandatory Pre-Litigation Mediation By Seeking Urgent Interim Relief Without Reasonable Grounds: J&K High Court

The Jammu and Kashmir High Court has held that under the Commercial Courts Act, a party does not have an absolute choice to bypass the statutorily mandated pre-litigation mediation by praying for interim relief without justifying the same with reasonable grounds. The court was dealing with the application seeking the dispensation of the mediation process under 12-A of the act on...

Jammu & Kashmir And Ladakh High Court Weekly Roundup March 24 - March 30, 2025

Nominal Index:General Officer Commanding corps & Ors. vs Aijaz Ahmad Mir & Ors 2025 LiveLaw (JKL) 110State Of J&K Vs Khurshid Ahmad Naqeeb 2025 LiveLaw (JKL) 111Dileep Kumar Raina and Ors. vs UT of J&K and others 2025 LiveLaw (JKL) 112Saraj Din vs Liyaqat Ali 2025 LiveLaw (JKL) 113STATE OF JAMMU AND KASHMIR vs KHURSHEED AHMAD NAQEEB 2025 Livelaw (JKL) 114Manohar Singh vs...