SARFAESI | Borrower's Right Of Redemption Ends On Publication Of Sale Notice, Not On Completion Of Sale: J&K&L High Court

Emphasising the transformative impact of the 2016 amendment to the SARFAESI Act, the Jammu and Kashmir and Ladakh High Court has held that a borrower's right of redemption no longer survives till the completion of sale and instead stands extinguished on the date of valid publication of the notice of sale.A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar made it clear that under the amended statutory regime, once the secured creditor complies with the composite notice...

J&K Civil Services (Special Provisions) Act | No Retrospective Regularisation On Completing Qualifying Service Period: High Court

Addressing a recurring claim in service matters, the High Court of Jammu & Kashmir and Ladakh has made it clear that mere continuity of service does not entitle an employee to retrospective regularisation. The Court held that under the J&K Civil Services (Special Provisions) Act, 2010, statutory regularisation can operate only prospectively, irrespective of the stage at which the qualifying period of service is completed.Justice Sanjay Dhar dismissed a writ petition filed by four...

Invocation Of S.67 IT Act Requires Proof Of Electronic Circulation Of Obscene Content, Not Mere Possession: J&K&L High Court

Clarifying the evidentiary standards required for offences under the Information Technology Act, the High Court of Jammu & Kashmir and Ladakh has held that mere seizure of electronic devices or storage media is wholly insufficient to attract Section 67 of the IT Act unless the prosecution proves, through authenticated electronic evidence and admissible expert opinion, that the alleged...

Marriage Outside District Disentitles Candidate From Claiming Local Residence Preference In Public Recruitment: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has ruled that a candidate who marries outside the concerned district cannot insist on the benefit of local residence preference in public recruitment unless such residence is established by cogent and reliable documentary evidence.A bench of Justice Javed Iqbal Wani held that the petitioner failed to substantiate her claim of continued residence...

J&K&L High Court Initiates Suo Motu Case To Ensure Compliance With SC Directions On Remission Policies

The High Court of Jammu & Kashmir and Ladakh has registered a suo motu writ petition to monitor and supervise the implementation of remission and premature release policies in the Union Territories of Jammu & Kashmir and Ladakh.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal passed the order and noted that The Government of Jammu & Kashmir...

Deputation Does Not Bar Claim For Equivalent Designation Based On Experience: J&K&L High Court

The Jammu & Kashmir High Court held that experience gained in the parent department cannot be excluded while determining equivalent designation in the borrowing organisation.A bench of Justice Javed Iqbal Wani said that the stand that a deputationist cannot seek equivalent designation in the borrowing department is misconceived, palpably erroneous, unfair, unreasonable, and...

GST Refund Is Vested Right, Cannot Be Limited By Retrospective Application Of 2019 Amendment: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the 2019 amendment to the GST law changing the limitation period for claiming refund of unutilised input tax credit cannot be applied retrospectively to deny refund claims relating to periods prior to 1 February 2019.The Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem while deciding a writ petition filed by...

Jammu & Kashmir And Ladakh High Court Annual Digest 2025

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...

J&K&L High Court Quashes Cancellation Of Land Allotted Under Erstwhile Princely-Era Law

The Jammu & Kashmir High Court quashed a government order cancelling the allotment of alternative land granted to a landowner in lieu of land acquired during the erstwhile princely rule, holding that the cancellation was arbitrary, legally untenable, and unsupported by record or statutory authority.A bench of Justice Moksha Khajuria Kazmi set aside Government Order observing that the...

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

Nominal Index:Sarwa Zahoor & Anr. vs Deputy Director, Directorate of Enforcement and another, 2025 2025 LiveLaw (JKL) 292Union of India vs Nirman Singh Jamwal & Connected matters 2025 LiveLaw (JKL) 293Abdul Rashid Khan Vs State of J&K 2025 LiveLaw (JKL) 294MRS. SHABEENA IBRAHIM THE HONGKONG & SHANGHAI BANKING CORPORATION LIMIT Vs MIR USMAN DISOOKI 2025 LiveLaw (JKL) 295Mohd...

Sweeping Allegations On 'Bad Reputation' Without Service Record Cannot Sustain Premature Retirement Order: J&K&L High Court

The Jammu & Kashmir High Court held that a government servant cannot be prematurely retired merely on the basis of vague and unsubstantiated allegations regarding his “bad reputation,” especially when such observations are not supported by any cogent material from the service record. The Division Bench of Sanjeev Kumar, Justice Sanjay Parihar upheld the writ court's decision quashing...

Mere Presence In Free-Fight Not Enough To Sustain Conviction; J&K High Court Acquits Four Accused In Fatal Group Clash Case

The Jammu & Kashmir High Court has set aside the conviction and sentence of four accused in a criminal appeal arising from a fatal free-fight between rival groups.It observed that the prosecution failed to prove common intention and specific culpability beyond reasonable doubt, especially when a majority of co-accused were acquitted on the same evidence.A bench of Justice Sanjeev...