Inherent Powers U/S 151 CPC Can Be Exercised Post-Award To Prevent Unjust Enrichment In Land Acquisition Cases: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a court can exercise its inherent powers under Section 151 of the Code of Civil Procedure even after an award has attained finality, to correct an inadvertent error resulting in excess payment and to prevent unjust enrichment.The Court further held that Section 17-B of the J&K Land Acquisition Act, which provides for recovery...

Unregistered Agreement To Sell Can Be Used For Purpose Of Assessing Nature Of Possession At Interim Stage: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an unregistered agreement to sell, though inadmissible to prove title, can be relied upon for collateral purposes, including for determining the nature and character of possession at the stage of consideration of an application for temporary injunction.The Court further held that the enquiry at the interim stage is limited to...

Selection Process Ends With Appointment; Future Vacancies Not Part Of Same Process: J&K&L High Court Dismisses Judicial Officers' Seniority Plea

The Jammu & Kashmir and Ladakh High Court has dismissed a writ petition filed by four judicial officers who sought quashing of a seniority list of Munsiffs issued in 2011 and a direction to fix their seniority on the basis of their inter se merit in the selection process conducted by the Public Service Commission. The Court held that the selection process came to a close with the...

Preliminary Verification Closure Not Equivalent To Closure Report Under CrPC: J&K&L High Court Refuses To Quash FIR

The Jammu & Kashmir and Ladakh High Court has held that the High Court cannot interfere under its inherent jurisdiction to quash an FIR merely because a preliminary verification had earlier recommended closure, when subsequent material collected during inquiry discloses the commission of a cognizable offence.The Court clarified that a preliminary verification closure measure only...

Call Logs Alone Cannot Prove Criminal Conspiracy Under NDPS Act In Absence Of Voice Recording Or Transcripts: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that mere call detail records showing contact between an accused and a co-accused are not sufficient to establish a nexus with drug trafficking, especially in the absence of voice recordings or transcripts of the conversation, and that call logs alone cannot prove a criminal conspiracy for sale or transportation of drugs.The Court was...

No Conflict Between J&K Development Act & Panchayati Raj Act On Building Regulation: High Court

The Jammu & Kashmir and Ladakh High Court has held that the J&K Development Act, 1970, and the J&K Panchayati Raj Act, 1989, do not conflict insofar as regulation of building permissions and their violations are concerned.The Court ruled that if an area is part of a Notified Area for which the J&K Lakes Conservation and Management Authority (LCMA) has been constituted, LCMA...

Undertaken Systemic Exercise To Align Recognised Sports Associations With National Sports Code: J&K Sports Council To High Court

The Jammu & Kashmir and Ladakh High Court has recorded that the Jammu & Kashmir Sports Council has undertaken a systemic exercise to bring recognised sports associations in line with the governing norms relating to constitution, democratic elections, eligibility of office bearers, representation of sportspersons, district units and financial discipline under the National...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 27 - May 3, 2026

Nominal Index:Deepak Singh & Ors Vs UT of J&K 2026 LiveLaw (JKL) 171Aqib Ahmad Vs UT of J&K 2026 LiveLaw (JKL) 172Mehraj Din Malik (through father Shamas Din) v. UT of J&K & Ors 2026 LiveLaw (JKL) 173Mohd. Kabir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 174Altaf Ahmad Waza v. UT of J&K & Ors 2026 LiveLaw (JKL) 175Yawar Ahmad Bhagat v. UT of...

J&K CSR | Borrowing Organization Must Pay Leave Salary To Deputationist & Seek Reimbursement From Parent Department: High Court

The Jammu & Kashmir and Ladakh High Court has held that in cases of deputation to a corporation, company or autonomous body, the borrowing organization is obligated to calculate and release the leave salary due to the employee and may thereafter seek reimbursement from the parent organization.The Court was hearing a writ petition filed by an employee whose gratuity and leave encashment...

Govt Can't 'Pick & Choose' Judgments To Challenge After Years; Settled Legal Position Must Remain Undisturbed: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Government cannot selectively choose which judgments to accept and which to challenge after a prolonged period, reiterating that once a legal position has attained finality and held the field for years, it must remain undisturbed in the interest of judicial discipline and certainty.The Court was hearing an intra-court appeal...

Once Status Of Property Becomes A Triable Issue, Plaint Cannot Be Rejected Under Order VII Rule 11 CPC: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that when the status of the suit property as to whether it is a joint holding or stood partitioned becomes a triable issue, the plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.The Court made this observation while setting aside an order of the trial court rejecting a plaint in a suit for declaration...

Post-Conviction NDPS Bail Can't Be Granted On Long Incarceration Alone; Twin Conditions U/S 37 Must Be Strictly Met: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that in cases where an accused has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 involving commercial quantity of contraband, the stringent conditions laid down in Section 37 of the Act cannot be diluted merely on the ground of long incarceration, and that the recording of satisfaction on the...