Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 17 - February 23, 2025

Nominal Index:Ghulam Nabi Sofi VS State of J&K 2025 LiveLaw (JKL) 41Union Territory of J&K vs Arsam Imtiyaz Malik 2025 LiveLaw (JKL) 42Chairman, Building Operation Controlling Authority, Srinagar & Ors vs Jameel Hussain Farooqi & Ors 2025 LiveLaw (JKL) 43Bashir Ahmad Mir Vs State Through P/s Safa Kadal 2025 LiveLaw (JKL) 44Mohammad Abass Lone Vs Union Of India And Ors 2025 LiveLaw (JKL) 45Nagraj V Vs UT Of J&K 2025 LiveLaw (JKL) 46Abdul Rafi Baba & Anr vs Union of India 2025 LiveLaw (JKL) 47Mian Abdul Qayoom Vs UT Of J&K 2025 LiveLaw (JKL) 48Majid Hyderi Vs UT Of J&K 2025 LiveLaw (JKL) 49Syed Murtaza & ors vs Ladakh Autonomous Hill Development Council & Ors 2025 LiveLaw (JKL) 50MOHAMMAD MAQBOOL vs State of J&K 2025 LiveLaw (JKL) 51Kashmir Valley Energy Private Limited & Anr Vs Mr.Bashir Ahmad Bhat 2025 LiveLaw (JKL) 52M/S NAVA HEALTHCARE PVT. LTD vs UT OF J&K 2025 LiveLaw (JKL) 53Ahsan Ahmad Malik Vs Basharat Feroz Ganie 2025 LiveLaw (JKL) 54Judgments/Orders:Govt Employee Cannot Alter Date Of Birth In Service Records After 5 Years Of Submitting Credentials: J&K High CourtCase-Title: Ghulam Nabi Sofi VS State of J&K, 2025Citation: 2025 LiveLaw (JKL) 41The Jammu and Kashmir High Court held that the date of birth declared by a Government servant and thereafter recorded by the appropriate authority in the service book or any other record, shall not be subject to any alteration, except in the case of a clerical error, without the orders of the Government.Withdrawing Of Appointment Without Holding Inquiry Is Illegal Even During Probationary Period: J&K High CourtCase-Title : Union Territory of J&K vs Arsam Imtiyaz Malik, 2025Citation: 2025 LiveLaw (JKL) 42The Jammu and Kashmir High Court held that withdrawing the appointment order of an employee without conducting an inquiry is illegal, even if the said employee is in the probationary period. The court ruled that the mere pendency of a criminal case would not justify withdrawing the appointment without holding an inquiry.Building Violations Committed In Broad Daylight Cannot Be Compounded By Tribunal: J&K High Court Upholds Demolition OrderCase-Title: Chairman, Building Operation Controlling Authority, Srinagar & Ors vs Jameel Hussain Farooqi & OrsCitation: 2025 LiveLaw (JKL) 43The Jammu and Kashmir High Court has that unauthorized constructions cannot be validated by paying the compounding fees after such violations, even if a long period has elapsed since those violations. The court said that failure on the part of the competent authorities to act in a timely manner to prevent the violations cannot be a ground to condone these violations.Offense Of Assaulting Public Servant Not Attracted Unless They Are Acting Lawfully Or Doing Duty Mandated By Law: J&K High CourtCase Title: Bashir Ahmad Mir Vs State Through P/s Safa KadalCitation: 2025 LiveLaw (JKL) 44The Jammu and Kashmir and Ladakh High Court ruled that an offence under Section 353 RPC (assault or use of criminal force against a public servant) cannot be made out if the public servant is not acting lawfully or performing a duty imposed by law.Issuance Or Renewal Of Passport Can Be Barred Only After Presenting Of Chargesheet In Criminal Cases: J&K High CourtCase-Title: Mohammad Abass Lone Vs Union Of India And OrsCitation: 2025 LiveLaw (JKL) 45The Jammu and Kashmir High Court held that the mere registration of an FIR or a pending investigation will not bar the authority from issuing or renewing the passport of the applicant. The court ruled that the authorities cannot refuse to issue or renew the passport unless the charge sheet is presented in the said case FIR.Offence Being Part Of Commercial Transaction Alone Not Enough To Avoid Trial: J&K High CourtCase Title: Nagraj V Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 46Dismissing a petition that sought the quashing of an FIR and charge sheet, the Jammu and Kashmir and Ladakh High Court held that merely because the offence was committed during the course of a commercial transaction, it would not suffice to conclude that the complaint does not warrant a trial. The truthfulness of the allegations in the complaint is to be determined based on the evidence presented during the trial in the complaint case, it added.Petitioner An Indian Citizen, Needs Legal Representation: J&K High Court Grants Consular Access To Kashmiri Engineer Detained In Saudi ArabiaCase-Title: Abdul Rafi Baba & Anr vs Union of IndiaCitation: 2025 LiveLaw (JKL) 47The Jammu and Kashmir High Court admitted a writ petition filed by the wife of a detainee and directed the Indian Embassy in Riyadh, Saudi Arabia to file an affidavit regarding the current status of the petitioner who has been detained there under uncertain circumstances."Informed Of Grounds Of Arrest”: J&K High Court Dismisses Habeas Corpus Plea By Ex-Bar President Mian Qayoom Against Arrest In Murder CaseCase Title : Mian Abdul Qayoom Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 48The Jammu and Kashmir and Ladakh High Court dismissed the...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 17 - February 23, 2025

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