Higher Salary Mistakenly Credited To Employee Cannot Be Recovered, But Employee Cannot Seek Continuation Of Erroneous Benefits: J&K High Court

The Jammu and Kashmir High Court has held that the claim of the petitioners to avail the benefit of a mistake of fact, despite the mistake having been detected and corrected, is totally misconceived and cannot be accepted.The petitioners had argued that higher pay scale came to be granted to them without fraud or misrepresentation and therefore the respondent could not refix the salary in...

Civil Courts Cannot Adjudicate Disputes Over Determination Of Right To Possess Land Under Agrarian Land Reforms Act: J&K High Court

The Jammu and Kashmir High Court held that where in a suit right to possession is claimed or disputed and it is referable to the officer or the authority appointed under the Agrarian Reforms Act, the Civil Court is debarred from settling such a dispute.The petitioner had argued that lower courts erred in rejecting the suit under Order 7 Rule 11 CPC. It said that the Agrarian Reforms Act...

'Cabinet Panel Examining Issue': J&K Govt Tells High Court In Plea Against Increase Of Reservation Quota To 67%

The J&K government has filed an additional affidavit in the J&K High Court informing the court that it has formed a cabinet subcommittee to look into the controversial changes in the reservation rules in consultation with all stakeholders.This affidavit came to be filed after serious criticism from civil society and student groups over its initial affidavit in which the government...

Land Acquisition Proceedings Lapse If Award Is Not Passed Within 2 Years Of Declaration Being Made: J&K High Court

The Jammu and Kashmir High Court held that if no award is passed within two years after the declaration is made, the entire land acquisition proceedings shall stand lapsed unless stayed by the court.The petitioner had challenged the proceedings on the ground that his land was acquired for public purpose but no final award was passed vitiating the entire acquisition proceedings.A bench of...

Arms License Issuing Authority Must Procure Police Report & Conduct Enquiry Before Rejecting License Despite Multiple FIRs: J&K High Court

The Jammu and Kashmir High Court has held that even if there are multiple FIRs against the applicant seeking renewal of his arms license, the licensing authority is bound by statute to call for the police verification report from the concerned police station before refusing to renew the arms license.The licensing authority had refused to renew the license on the ground that the petitioner did...

No Complaints Of Cruelty During 30-Yr Marriage, Absence Of Incriminating Proof: J&K High Court Upholds Husband's Acquittal In Abetment Case

The Jammu and Kashmir High Court held that in the absence of any substantial and credible evidence or any prior complaints, FIRs, or consistent testimony of cruelty over the 30-year marriage, it cannot be proved that the accused has abetted or instigated the commission of suicide of his deceased wife.The court was dealing with an appeal filed by the state against the judgment acquitting...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 14 - April 20, 2025

Nominal Index:Abdul Hamid vs UT OF J&K 2025 LiveLaw (JKL) 147Abdul Hamid vs Union of India and Anr 2025 LiveLaw (JKL) 148State of Jammu and Kashmir vs Gurmeet Singh and Anr 2025 LiveLaw (JKL) 149Mohd Ismail Koka Vs State of J&K 2025 LiveLaw (JKL) 150Vishal Verma vs Union of India 2025 LiveLaw (JKL) 151Judgments/Orders: Contraband Recovered Individually From Accused Persons...

Contractors Are Liable To Pay GST At Rate Prevalent On Day Of Receipt Of Tender, Not When Work Is Allotted: J&K High Court

The Jammu and Kashmir High Court held that the contractors were liable to pay GST at a rate prevalent on the last day for the submission of the tenders and not when the work was allocated as the same was clear from the Special Condition No.49 existing in the contract agreement. The petitioners had filed the review on the ground that as per section 13 of the CGST Act the liability to...

J&K High Court Directs Police To Submit Compact Disc (CD) Record In Case Alleging Police Brutality

The Jammu and Kashmir High Court has directed the state police to submit a Compact Disc (CD) Report in the death of Makhan Din, who had committed suicide after allegedly being subjected to torture in police custody in Kathua's Billawar area in February this year.The family of the victim had moved the court seeking the transfer of the investigation to the Central Bureau of Investigation...

J&K High Court Quashes FIR In Matrimonial Dispute Citing Mutual Settlement, Says S. 528 BNSS Overrides S. 359

The Jammu and Kashmir and Ladakh High Court, while invoking its inherent powers under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) has held that the provision has an overriding effect and is not to be read as subject to Section 359 of the BNSS (corresponding to Section 320 of the CrPC).Justice Mohammad Yousuf Wani thus quashed an FIR registered under Sections 452 (trespass)...

Failure To Show Safe Custody Of Seized Contraband & Existing Contradictions In Evidence Sufficient To Acquit Accused In NDPS Case: J&K High Court

Acquitting the accused persons under section 8/15 of the NDPS Act the Jammu and Kashmir High Court held that failure to show safe-custody of the contraband seized, inability to record statements of crucial witnesses and contradictions in the statements of the witnesses shows that prosecution miserably failed to prove its case beyond reasonable doubt.The court was dealing with an appeal filed...

Supreme Court Collegium Recommends Elevation Of Judicial Officers Sanjay Parihar and Shahzad Azeem To J&K and Ladakh High Court Bench

The Supreme Court Collegium has recommended the elevation of two seasoned judicial officers Shri Sanjay Parihar and Shri Shahzad Azeem as Judges of the High Court of Jammu & Kashmir and Ladakh.A statement issued to this effect reads, “The Supreme Court Collegium in its meeting held on 16th April, 2025 has approved the proposal for appointment of the following Judicial Officers, as Judges...