Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 9 - June 15, 2025

Nominal Index:Syed Muiz Qadri & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 226Jagdish Raj Gupta Vs Purushottam Gupta 2025 LiveLaw (JKL) 227ALI MOHAMMAD BHAT & ORS. Vs UT OF J&K 2025 LiveLaw (JKL) 228Abdul Majid Dar Vs UT Of J&K 2025 LiveLaw (JKL) 229Saja Begum vs Financial Commissioner Revenue J&K Govt.& Ors 2025 LiveLaw (JKL) 230Bilal Ahmad Yatoo vs UT of J&K 2025 LiveLaw (JKL) 231Raja Asif Farooq Vs UT Of J&K 2025 LiveLaw (JKL) 232SHAKIR-UL-HASSAN & ORS. Vs UT OF J&K & another 2025 LiveLaw (JKL) 233Sajad Ahmad Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 234BILAL AHMAD KUMAR VS UT Of J&K 2025 LiveLaw (JKL) 235Prem Kumar Vs UT Of J&K 2025 LiveLaw (JKL) 236Basit Bashir Vs UT Of J&K 2025 LiveLaw (JKL) 237Judgments/Orders:[IPC] No Need To Wait For Proof From Accused To Bring His Case Under Purview Of General Exceptions: J&K High CourtCase Title:Syed Muiz Qadri & Ors Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 226“Once it is clearly discernible from the allegations made in the complaint that the act of the accused falls within the General Exceptions, there is no need to wait for submission of proof on behalf of the accused so as to bring his case within the purview of General Exceptions”, held the High Court of Jammu and Kashmir and Ladakh while quashing a FIR against a group of revenue officials.Statutory Presumption Under NI Act Falls If Complainant Fails To Prove Financial Capacity: J&K High CourtCase Title: Jagdish Raj Gupta Vs Purushottam GuptaCitation: 2025 LiveLaw (JKL) 227Reaffirming the importance of financial credibility in cheque bounce litigation, the High Court of Jammu and Kashmir and Ladakh ruled that failure of the complainant to prove financial capacity to extend a large loan can fatally weaken the case, particularly when the accused manages to raise a plausible defence.[Food Safety Act] Timeline For Recommending Grant Of Sanction For Prosecution Mandatory, Non-Compliance Makes It Unsustainable: J&K High CourtCase-Title:ALI MOHAMMAD BHAT & ORS. Vs UT OF J&KCitation: 2025 LiveLaw (JKL) 228The Jammu and Kashmir High Court held that non-compliance of the provision requiring designated officer to make recommendation to the Commissioner Food Safety for accord of sanction for prosecution against the accused persons within time limit renders prosecution unsustainable.Eviction Is A Civil Matter, Police Cannot Meddle In Landlord-Tenant Disputes: J&K High CourtCase Title: Abdul Majid Dar Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 229Reiterating a foundational principle of law, the High Court of Jammu and Kashmir and Ladakh held that police have no jurisdiction to intervene in disputes that are purely civil in nature, including those arising between landlord and tenant. Such matters, the Court observed, fall exclusively within the domain of competent civil courts and outside the scope of criminal law enforcement agencies.Oral Gift Of Agrarian Land Without Approval U/S 31 Of Agrarian Reforms Act Is Void, Mutation Liable To Be Recast: J&K High CourtCase-Title: Saja Begum vs Financial Commissioner Revenue J&K Govt.& OrsCitation: 2025 LiveLaw (JKL) 230In a ruling emphasising the the interplay between the J&K Agrarian Reforms Act, 1976 and the earlier alienation of land Act, the Jammu & Kashmir High Court held that any oral gift of agrarian land, including to close relatives, is impermissible without prior approval from competent authority under Section 31 of the Agrarian Reforms Act.Employer Can Accept Resignation Letter On Same Day, Need Not Wait For Expiry Of Notice Period: J&K High CourtCase-Title: Bilal Ahmad Yatoo vs UT of J&KCitation: 2025 LiveLaw (JKL) 231The Jammu & Kashmir High Court upheld the dismissal of a police constable holding that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as 'intention to resign' and wait for a two-month notice period to expire before accepting it.IPC | State Of Mind To Outrage Modesty Of Woman Essential To Attract S.354, Criminal Force Alone Not Enough: J&K High CourtCase Title: Raja Asif Farooq Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 232The High Court of Jammu and Kashmir and Ladakh at Srinagar, while quashing an FIR registered under Sections 354 and 447 of the IPC has held that an assault or use of criminal force to a woman simplicitor unaccompanied by a state of mind to outrage modesty of such woman cannot be termed as an offence under Section 354 of IPC.Accused Sexually Exploited Complainant Over Long Time, Engaged Her On Social Media On Pretext Of Marriage: J&K High Court Denies BailCase-Title: SHAKIR-UL-HASSAN & ORS. Vs UT OF J&K & anotherCitation: 2025 LiveLaw (JKL) 233The Jammu & Kashmir High Court rejected the anticipatory bail plea of a man accused of sexually exploiting a woman under the false promise of marriage, stating that there is prima facie material suggesting that the petitioner engaged the complainant over social media.The court added that it appears that the petitioner extracted sexual favours under the...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 9 - June 15, 2025

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