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

Nominal Index:M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw (JKL) 1M/S SAWALKOTE PROSJEKTU TVIKLING AS (“SPAS") Vs UT Of J&K 2025 LiveLaw (JKL) 2Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw (JKL) 3Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw (JKL) 4Syed Tajamul Bashir Vs Farooq Ahmad Lone 2025 LiveLaw (JKL) 5Sunil Kumar Sharma Vs U.T of J&K 2025 LiveLaw (JKL) 6Mushtaq Ahmad Bhat Vs Sheeraza Akhtar 2025 LiveLaw (JKL) 7Union of India v. M/s Des Raj Nagpal Engineers & Contractors 2025 LiveLaw (JKL) 8Mohammad Amin Sheikh Vs Divisional Commissioner Kashmir, Srinagar 2025 LiveLaw (JKL) 9Kiran Wattal Vs UT Of J&K 2025 LiveLaw (JKL) 10State Of J&K Vs Abrar Ahmad Tantray 2025 LiveLaw (JKL) 11Kulbhushan Gupta Vs Bishambar Ram 2025 LiveLaw (JKL) 12Court On Its Own Motion Vs Nemo 2025 LiveLaw (JKL) 13Farid Ahmad Vs State of J&K 2025 LiveLaw (JKL) 14Bharat Bhushan Vs ACB Jammu Citation: 2025 LiveLaw (JKL) 15Judgments/Orders:Judicial Review Can Be Resorted To When Terms Of Invitation To Tender Are Alleged To Be "Tailor-Made" To Suit Certain Participants: J&K High CourtCase Title: M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of IndiaCitation: 2025 LiveLaw (JKL) 1Underlining that judicial interference is warranted only in cases of arbitrariness, mala fide or procedural irregularities the Jammu and Kashmir and Ladakh High Court observed that Court can show its indulgence in tender matters, particularly when the terms of an invitation to tender are alleged to be "tailor-made" to suit certain participants.“.. it is made clear that the scope of judicial review is very limited and is available in cases, where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience of any particular person with a view to eliminate all others from participating in the bidding process”, observed Justice Wasim Sadiq Nargal.Jammu & Kashmir High Court Initiates Contempt Proceedings Against Law Firm Shardul Amarchand Mangaldas For Misquoting JudgmentCase Title: M/S SAWALKOTE PROSJEKTUTVIKLING AS (“SPAS") Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 2Taking suo motu cognizance of misquotations of its 2010 judgment, the Jammu and Kashmir and Ladakh High Court initiated contempt proceedings against the prominent law firm Shardul Amarchand Mangaldas.Noting misquotations made by the law firm in a legal notice concerning a hydroelectric project, Sawalkote Hydroelectric Power Project (HEP) Justice Rahul Bharti ordered,“...this Court suo-moto takes cognizance of the contents of the said legal notice issued by Sharadul Amarchand Mangaldass & Co., New Delhi for the sake of proceeding against it for the contempt of Court, for which purpose a notice is directed to be issued to Sharadul Amarchand Mangaldass & Co., New Delhi to appear and explain its position in the context of legal notice dated 18.04.2022 issued by it to Chairman & Managing Director (CMD), NHPC Ltd on behalf of Sawalkote Consortium”Piece-Rate Workers Not Entitled To Pension Benefits Granted To Regular Staff: J&K High CourtCase Title: Mohammad Yousuf Mir & Ors. v. UT of J&K & OrsCitation: 2025 LiveLaw (JKL) 3A single judge bench of Justice Sanjay Dhar dismissed petitions seeking pensionary benefits filed by former piece-rate workers of J&K Handicrafts Corporation. The court distinguished between piece-rate workers and regular employees, and held that workers paid based on daily output cannot claim parity with regular government employees for pension benefits.Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr ScamCase Title: Hilal Ahmad Mir Vs Directorate Of EnforcementCitation: 2025 LiveLaw (JKL) 4Underscoring the necessity of the existence of "proceeds of crime" for constituting an offence under the Prevention of Money-Laundering Act, 2002 (PMLA) the Jammu and Kashmir and Ladakh High Court reiterated that in the absence of such proceeds, no money-laundering offence could arise.Quashing complaints filed under the PMLA in an alleged 250 crore scam Justice Javed Iqbal Wani observed,“Having regard to the aforesaid position obtaining in the matter, inasmuch as the admitted facts noticed in the preceding paras, the alleged offence manifestly has not resulted in any “proceed of crime” in favour of the petitioners herein. A-fortiori, it cannot be said that the petitioners have indulged in any activity connected with the “proceeds of crime” for unless there are “proceeds of crime”, there cannot be any activity about the “proceeds of crime”.J&K High Court Raises Concerns Over Improper Lok Adalat Award, Seeks Explanation From Judicial OfficerCase Title: Syed Tajamul Bashir Vs Farooq Ahmad LoneCitation: 2025 LiveLaw (JKL) 5The Jammu and Kashmir and Ladakh High Court sought an explanation from a judicial officer and an advocate involved in a Lok Adalat settlement after it took note of...

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

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