Administrative Tribunals Can Only Review Their Decisions Within The Bounds Applicable To Civil Courts Under CPC: J&K High Court

Ruling on the scope of judicial review powers of statutory tribunals, the High Court of Jammu & Kashmir and Ladakh held that a tribunal constituted under the Administrative Tribunals Act can only review its decision within the bounds applicable to a civil court under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure.Justice Moksha Khajuria Kazmi, while dismissing a...

[PITNDPS Act] Accused Must Be Informed Grounds Of Detention Within 5 To 15 Days To Allow Prompt Representation: J&K High Court

Reiterating that procedural safeguards in preventive detention cases must be strictly observed, the High Court of Jammu and Kashmir and Ladakh has quashed the detention of one Sarfaraz Ahmed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act).A bench of Justice Sanjay Dhar underscored that it is “obligatory on the detaining authority...

J&K High Court Orders De-Sealing Of Psychiatry Clinic Citing Procedural Lapses By Authorities, Non-Service Of Notice

The Jammu & Kashmir High Court has ordered the de-sealing of a private psychiatry clinic in RS Pura, Jammu, which had been shut down by the authorities allegedly without prior notice or lawful procedure.The clinic was operating under the name Jai Hind Psychiatry Clinic at Bagga Marh, RS Pura. It was sealed by the Sub-Divisional Magistrate following a communication from the Chief...

Can Centre Extend CAT Jurisdiction Over J&K Universities? Kashmir University Scientist Challenges Notification Before High Court

The Jammu & Kashmir and Ladakh High Court has issued notice in a writ petition filed by a former Scientist D at the University of Kashmir, challenging a Central Government notification that brought J&K universities within the jurisdiction of the Central Administrative Tribunal (CAT). The petition raises critical constitutional questions about federalism, legislative powers, and...

Employee Has No Vested Right To Promotion Under Repealed Rules, Rules In Force At Time Of Consideration Would Apply: J&K High Court

The employee does not acquire a vested right to being considered for promotion in accordance with the repealed rules in view of the policy decision taken by the Government,” held the Jammu and Kashmir and Ladakh High Court, while dismissing a plea seeking promotion under old recruitment rules.Citing State of Himachal Pradesh and others vs. Raj Kumar and others, (2023) Justice Sanjay...

Jammu & Kashmir And Ladakh High Court Weekly Roundup May 12 - May 18, 2025

Nominal Index:Smt Balbir Kour Vs State Bank Of India 2025 LiveLaw (JKL) 183Mohammad Ashraf Bhat vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 184Mohammad Ashraf Mir Vs J&K State Forest Corporation & Others 2025 LiveLaw (JKL) 185Farooq Ahmad Lodhi Vs Union of India 2025 LiveLaw (JKL) 186Ghazanfar Ali vs Union Territory of J&K & Ors 2025 LiveLaw (JKL) 187Khursheed...

No Bar On Supplementary Award For Compensation For Trees, Buildings Omitted In Original Land Acquisition Award: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that there is no impediment to the State issuing a supplementary award for compensation relating to trees, super-structures, and machinery omitted in the original land acquisition award, and directed authorities to assess damages caused to a brick kiln due to highway widening.Underlining the rights of those affected by land acquisition...

Findings Of Fact Not Conjecture, Evidence Act Governs Civil Cases As Much As It Does Criminal Trials: J&K High Court

Underscoring the sanctity of judicial procedure and evidentiary rigour, the High Court of Jammu & Kashmir and Ladakh has set aside conflicting judgments passed by the trial and appellate courts, declaring that "finding of fact is something which is not to be conjectured by civil court or for that matter civil 1st appellate court."Justice Rahul Bharti, while deciding a second appeal held...

J&K High Court Upholds Preventive Detention Of Man Accused Of Bovine Slaughter, Sparking Communal Tension

The High Court of Jammu and Kashmir and Ladakh at Jammu has upheld the preventive detention of one Sher Mohd under the Jammu and Kashmir Public Safety Act, 1978.The detention order was challenged by his wife, Famida Begum, on grounds including non-supply of vital documents and lack of application of mind by the authorities. However, Justice Sanjay Dhar dismissed the petition, finding no merit...

J&K Land Revenue Act | Revenue Officer Must Follow Procedure For Title Determination U/S 111-A If Objections Are Raised: High Court

The High Court of Jammu and Kashmir and Ladakh has ruled that Chapter X of the J&K Land Revenue Act, Svt. 1996 provides a self-contained code for partition proceedings, which includes mandatory procedural safeguards.Justice Javed Iqbal Wani observed that when a valid application for partition is filed under Section 105, the revenue officer must notify all interested parties, consider...

SC Judgments Referred To Larger Bench Remain Binding Unless Reference Court Directs Otherwise: J&K High Court

The Jammu and Kashmir High Court held that reference of the judgment to larger bench does not unsettle the declared law and once any judgment of the supreme court holds the field, the High Court cannot be prevented from relying on the ratio of that judgment unless the reference court has directed otherwise.The petitioner had argued that the supreme court in India Glycols Ltd, which prevented...

Police Act | Officer Cannot Resign Without SP's Leave Or Two Months Notice: J&K High Court Dismisses Constable's Plea

“A police officer is not permitted to resign without the leave of the Superintendent unless he has given a prior notice of not less than two months of his intention to resign,” observed the Jammu and Kashmir and Ladakh High Court while dismissing a plea challenging the acceptance of a constable's resignation on the same day it was submitted.A Division Bench of Justices Sanjeev Kumar and...