Tenant Admitting Receipt Of Eviction Notice Does Not Amount to Admission That Tenancy Was Validly Terminated: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a tenant's acknowledgement of receiving a notice under Section 106 of the Transfer of Property Act, 1882, does not, by itself, amount to an admission that the tenancy was validly and lawfully terminated for granting a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908.The Court was hearing a civil revision under Section 115 of the Code of Civil Procedure, 1908, challenging the rejection of an application seeking a decree...

'Employees Cannot Be Expected To Obtain Vigilance Clearance Or Maintain Annual Performance Reports': J&K&L High Court

Underscoring the duty and obligation of the employer to obtain vigilance clearance and to maintain APRs in respect of its employees, the Jammu and Kashmir and Ladakh High Court has held that an employee cannot be expected to obtain his vigilance clearance and to maintain his APRs as these are matters entirely within the domain of the employer.Justice Sanjay Dhar made the observation while allowing a petition filed by one Mohammad Yousuf Ahanger and another, challenging the decision of the...

J&K&L High Court Declines PIL Seeking AI-Powered Advocate Profiles, Case Health Cards, Delay Monitoring System

The Jammu & Kashmir and Ladakh High Court has declined to entertain a Public Interest Litigation seeking wide-ranging technology-driven reforms in the justice delivery system, including AI-powered advocate profiles, case-health assessments, legal research tools, delay-monitoring systems and multilingual legal assistants.The Court held that the PIL was premature as digitisation and development of applications for augmenting justice delivery were already underway before the concerned...

Irregularity In Selection List Can't Confer Fresh Appointment To Unselected Candidate Under Closed Scheme: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has dismissed a woman's petition alleging that the education authorities illegally appointed a lower-ranked candidate as a Rehbar-e-Taleem Teacher after accepting his belated application, holding that any irregularity in his selection would not, by itself, confer upon her a right to appointment under the closed Scheme.The Court made these observations after finding that she was not included in a prepared select panel protected under the Supreme...

Passport Authority Cannot Deny Date Of Birth Correction To Minor, Ignoring Corrected Records: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a passport authority cannot refuse to consider correction of a minor's date of birth merely because the earlier passport carried an incorrect date for several years, particularly when the error was subsequently corrected in the school records and the earlier birth certificate was cancelled by the competent authority.While holding so the court directed the Passport Authority to consider a minor's application for a fresh passport...

Justice Pushpendra Singh Bhati Sworn-In As Chief Justice Of J&K And Ladakh High Court

Justice Pushpendra Singh Bhati was sworn-in on Wednesday (September 9) as Chief Justice of Jammu & Kashmir and Ladakh High Court. The oath of office was administered to Justice Bhati by Ladakh Lieutenant-Governor Vinai Kumar Saxena who is presently also discharging the duties of the Lt. Governor of J&K. The Central Government had on September 5 notified the appointment of Justice Bhati...

Probate No Longer Mandatory To Claim Rights Under Will After Omission Of S.213 Indian Succession Act: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that after Section 213 of the Indian Succession Act, 1925, was omitted by Act No. 39 of 2025, obtaining probate is no longer mandatory before claiming rights under a Will.The High Court consequently set aside the rejection of a request for attestation of mutation of inheritance and directed the Tehsildar concerned to reconsider it...

J&K&L High Court Denies Bail To Four Accused In Gang Rape Of 15-Year-Old Girl, Cites Unrebutted POCSO Act Presumption

The Jammu & Kashmir and Ladakh High Court has dismissed the bail plea of four accused facing trial for the alleged gang rape of a 15-year-old girl, holding that the seriousness of the offences, the statutory presumption under the POCSO Act and the severity of the prescribed punishment weighed against their release on bail.The Court was hearing Bail Application filed by Irqan Ahmad Dar,...

J&K Bank MD Cannot Dismiss Employee Without Inquiry By Equating His Powers With Governor Under Article 311(2)(c): High Court

The High Court of Jammu & Kashmir and Ladakh has held that the power vested with the Managing Director and CEO of the Jammu & Kashmir Bank under Clause 12.29 of the Officers Service Manual to dismiss an employee without holding an inquiry is not akin to the constitutional power vested with the President or Governor under Article 311(2)(c) of the Constitution of India.The Court...

J&K Bank Falls Within Definition of 'Industry'; Employees Are 'Workmen' Under Industrial Disputes Act: High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Jammu and Kashmir Bank falls within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947, and its employees working in non-managerial or non-supervisory capacity qualify as "workmen" under Section 2(s) of the Act.The Court accordingly dismissed a writ petition seeking promotion, holding that...

Investigating Agency's Jurisdiction Determined By Offences Disclosed In FIR, Not Those Ultimately Established: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the jurisdiction of an investigating agency is not dependent upon the nature of the offences that may ultimately be established after investigation but depends upon the offences disclosed in the FIR at the time of its registration. If the offences initially disclosed fall within the agency's jurisdiction, it can proceed with...

Sloganeering For Secession Alongside Separatist Leader Can Attract UAPA: J&K&L High Court Sets Aside Discharge Order

The High Court of Jammu & Kashmir and Ladakh has set aside the discharge order of an accused in a UAPA case, observing that the trial court had failed to apply the correct legal parameters at the stage of framing of charge.The Court held that the material on record, including allegations of leading a mob with the head of a proscribed separatist organisation, raising anti-national slogans,...