Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 14 - July 20, 2025

Nominal Index:Arshad Ahmed Allaie Vs UT Of J&K 2025 LiveLaw (JKL) 274J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATION 2025 LiveLaw (JKL) 275J&K Road Transport Corporation vs Shareefa & Ors 2025 LiveLaw (JKL) 276Ravinder Kumar Vs Financial 2025 LiveLaw (JKL) 277Zahoor Ahmad Bhat and Ors Vs UT of J&K 2025 LiveLaw (JKL) 278Mohammad Shafi Bhat & Ors Vs Ghulam Nabi Bhat & Ors 2025 LiveLaw (JKL) 279Mohan Lal Angral Vs UT of J&K & Ors 2025 LiveLaw (JKL) 280National Insurance Co Vs Naresh Kumar 2025 LiveLaw (JKL) 281Mushtaq Ahmad Jan & Ors Vs Govt. Of J&K 2025 LiveLaw (JKL) 282Judgments/Orders: Bail Cannot Be Granted Merely Due To Delay In Trial In Cases Involving Alleged Narco-Terror Links: J&K High CourtCase Title: Arshad Ahmed Allaie Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 274The Jammu & Kashmir and Ladakh High Court reaffirmed that bail in cases under the UA(P) Act and NDPS Act is subject to strict legal conditions as these laws apply especially when the offence involves terrorism or narco-terrorism.The Court made it clear that delay in trial or long incarceration alone is not enough to relax these restrictions. If there is prima facie evidence of the accused's involvement, the stringent bail provisions must be followed, it emphasised.If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High CourtCase-Title: J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATIONCitation: 2025 LiveLaw (JKL) 275The Jammu & Kashmir High Court held that in the absence of a Waqf Tribunal constituted under Section 83 of the Waqf Act, the bar on civil court jurisdiction under Section 85 of the Act does not apply. The court said that litigants cannot be left remediless where no forum exists for adjudicating waqf-related disputes.Principle Of 'No Work, No Pay' Inapplicable When Termination Is Illegal: J&K High Court Grants Back Wages To Ex-Bus ConductorCase-Title: J&K Road Transport Corporation vs Shareefa & OrsCitation: 2025 LiveLaw (JKL) 276The Jammu & Kashmir High Court has partially upheld a writ court's order directing reinstatement of a conductor wrongfully terminated by the State Road Transport Corporation (SRTC), holding that while the employee is entitled to reinstatement, full back wages cannot be awarded in the absence of pleadings regarding gainful employment.Mutation Cannot Be Used To Alter Co-Sharer's Ownership, Only Clerical Corrections Permitted Under Standing Order 23-A: J&K High CourtCase Title: Ravinder Kumar Vs FinancialCitation: 2025 LiveLaw (JKL) 277Reiterating the narrow scope of Paragraph 100 of Standing Order No. 23-A, the High Court of Jammu & Kashmir and Ladakh held that a mutation entry cannot be used to delete the name of a co-sharer or to confer exclusive ownership.Reservation Under J&K Reservation Act 2004 Must Not Exceed Population Share Of Category: J&K High Court ClarifiesCase-Title: Zahoor Ahmad Bhat and Ors Vs UT of J&KCitation: 2025 LiveLaw (JKL) 278The Jammu and Kashmir High Court held that the percentage of reservation of a community under the J&K Reservation Act must not exceed the population share of that community.The court thus allowed the withdrawal of multiple petitions challenging the vires of various provisions of the J&K Reservation Rules, 2005, after observing that Section 3 of the parent Act was not under challenge in any of the petitions.J&K Land Revenue Act | Presumption Of Correctness Of Entries In Revenue Records Cannot Be Overriden By Affidavits: High CourtCase Title: Mohammad Shafi Bhat & Ors Vs Ghulam Nabi Bhat & Ors.Citation: 2025 LiveLaw (JKL) 279The High Court of Jammu & Kashmir and Ladakh ruled that the presumption of correctness attached to entries in revenue records under Section 31 of the J&K Land Revenue Act cannot be dislodged merely by swearing an affidavit.J&K High Court Flags Regional Disparity By UT Administration In Implementing Court Orders On Land Ownership Across Srinagar And JammuCase-Title: Mohan Lal Angral Vs UT of J&K & Ors.Citation: 2025 LiveLaw (JKL) 280The Jammu & Kashmir High Court took strong exception to the “regionalised” approach of the UT administration, noting that the High Court's decision in conferring land ownership rights was selectively implemented in the Srinagar wing and not in the Jammu wing.MV Act | Driver Licensed for 'Transport Vehicle' Can Lawfully Drive Passenger Buses Without Separate Endorsement: J&K High CourtCase Title: National Insurance Co Vs Naresh KumarCitation: 2025 LiveLaw (JKL) 281Clarifying the scope of driving licenses for commercial vehicles, the High Court of Jammu & Kashmir and Ladakh held that a driver holding a valid licence to drive a "transport vehicle" is competent to operate both heavy goods vehicles and passenger carrying vehicles without the need for a separate Public Service Vehicle (PSV) endorsement.State Cannot Raise Plea Of Adverse Possession To Forcibly Occupy Citizens' Land Without Due...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 14 - July 20, 2025

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Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 14 - July 20, 2025

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