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 Ahmad Naqeeb Vs State of J&K & Ors 2025 LiveLaw (JKL) 188Waqar Younis Vs UT Of J&K 2025 LiveLaw (JKL) 189Bilal Ahmad Yatoo Vs UT Of J&K 2025 LiveLaw (JKL) 190Ashok Toshkhani Vs UT Of J&K 2025 LiveLaw (JKL) 191Mohammad Tufail Vs Muzaffar Hussain 2025 LiveLaw (JKL) 192Amanullah Khan Vs Union of India & Ors 2025 LiveLaw (JKL) 193Sher Mohd Vs UT Of J&K 2025 LiveLaw (JKL) 194Judgments/Orders: Family Pension Rules Must Be Interpreted Liberally For Disabled Dependents: J&K High CourtCase Title: Smt Balbir Kour Vs State Bank Of IndiaCitation: 2025 LiveLaw (JKL) 183Underscoring the importance of social welfare and inclusive interpretation of pension rules, the Jammu and Kashmir and Ladakh High Court ruled that provisions governing family pension for disabled persons must be interpreted liberally to ensure genuine claimants are not excluded.'Preventive Detention Is A Double-Edged Sword': J&K High Court Quashes PSA Detention Against Advocate Muhammad Ashraf BhatCase-Title: Mohammad Ashraf Bhat vs Union Territory of J&K & OrsCitation: 2025 LiveLaw (JKL) 184The High Court of Jammu & Kashmir and Ladakh quashed the Public Safety Act (PSA) detention of Advocate Muhammad Ashraf Bhat, who previously served as secretary of the erstwhile Kashmir Bar Association.A bench of Justice Rahul Bharti quashed the detention order after pointing to the serious nature of preventive detention laws being a double-edged sword that can deeply impact both those who enforce it and against those it is used.Right To Promotion Not Conferred From Date Of Vacancy Unless Rules Permit Retrospective Effect: J&K HC Rejects Claim For Backdated PromotionCase Title: Mohammad Ashraf Mir Vs J&K State Forest Corporation & OthersCitation: 2025 LiveLaw (JKL) 185The High Court of Jammu & Kashmir and Ladakh held that an employee has a right to be considered for promotion only when the employer takes up the matter for filling the promotional posts. The court ruled that merely because a promotional post exists does not confer a right to claim promotion from the date of its vacancy.Landowners Have No Right Over Aerial Space For Transmission Lines, Aerial Right Of Way Continues With State: J&K High CourtCase Title: Farooq Ahmad Lodhi Vs Union of IndiaCitation: 2025 LiveLaw (JKL) 186Reaffirming the legal distinction between the right to compensation for physical acquisition of land and the non-compensable nature of aerial usage for transmission infrastructure the High Court of Jammu & Kashmir and Ladakh held that individual landowners cannot assert any legal, fundamental, or constitutional rights over aerial space traversed by high-tension transmission lines. When Party Can Understand English & Urdu, No Prejudice Is Caused If Acquisition Notice Is Not Published In Regional Language: J&K High CourtCase-Title: Ghazanfar Ali vs Union Territory of J&K & OrsCitation: 2025 LiveLaw (JKL) 187The J&K High Court held that mere failure to publish acquisition notification in regional language as per section 4 of the Act does not vitiate the entire proceedings if the party affected has notice of the preliminary notification issued by the official Respondent and had also filled objection to the said notification.Failing To Discuss Irrelevant Statutory Provisions Is Not An Error Apparent On Record: J&K High Court Dismisses Review PleaCase Title: Khursheed Ahmad Naqeeb Vs State of J&K & OrsCitation: 2025 LiveLaw (JKL) 188Reiterating the legal standard that courts are not obliged to discuss statutory provisions irrelevant to the controversy at hand, the High Court of Jammu & Kashmir and Ladakh at Srinagar dismissed a review petition filed by a retired employee of Sher-i-Kashmir International Conference Centre (SKICC), seeking reconsideration of its earlier judgment.Not Just Registered Owner, But Bonafide Owner Can Also Seek Release Of Vehicle Seized In NDPS Case: J&K High CourtCase Title: Waqar Younis Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 189Reaffirming the powers of criminal courts under the NDPS Act, the High Court of Jammu & Kashmir and Ladakh held that an application for the release of a vehicle seized in a Narcotic Drugs and Psychotropic Substances (NDPS) case can be entertained not just by a registered owner, but also by a bonafide owner whether in the capacity of a purchaser or as an attorney holder as such categories are also covered under the definition of "owner" in law.Police Act | Officer Cannot Resign Without SP's Leave Or Two Months Notice: J&K High Court Dismisses Constable's PleaCase Title: Bilal Ahmad Yatoo Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 190“A police officer is not permitted to resign...

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

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

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