Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 10 - February 16, 2025

Shivaeta Rani Vs Union Of India & Ors 2025 LiveLaw (JKL) 28

Union Territory of J&K and Ors. vs Jehangir Ahmad Khan 2025 LiveLaw (JKL) 29

Rajesh Singh vs National Hydro Electric Power Corporation Ltd. (NHPC) & Anr 2025 LiveLaw (JKL) 30

Ex-CT/GD Om Prakash vs Union of India & ors 2025 LiveLaw (JKL) 31

Union Territory of J&K vs Ashu Jolly 2025 LiveLaw (JKL) 32

Mohd. Amir Malik vs Union of India & Ors 2025 LiveLaw (JKL) 33

UT of Jammu & Kashmir & Anr vs M/s Gulati Metals & Alloys 2025 LiveLaw (JKL) 34

Bilal Ahmad Bhat Vs Mohammad Shafi Bhat 2025 LiveLaw (JKL) 35

Ashok Kumar vs Union of India and Ors 2025 LiveLaw (JKL) 36

Zaffar Abbas Din vs Nasir Hamid Khan, 2025 2025 LiveLaw (JKL) 37

State of J&K and Anr. Vs Yawar Ahmad Bhat (minor) 2025 LiveLaw (JKL) 38

Syed Mazloom Hussain Vs Government Of J&K 2025 LiveLaw (JKL) 39

Parvez Ahmad Khan vs Areeb 2025 LiveLaw (JKL) 40

Judgments/Orders:

Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate

Case Title: Shivaeta Rani Vs Union Of India & Ors

Citation: 2025 LiveLaw (JKL) 28

Reaffirming the guidelines of a circular issued by the Ministry of Home that a woman's caste is determined by birth and not by marriage the Jammu and Kashmir and Ladakh High Court directed the authorities to take a decision on issuing a Scheduled Tribe (ST) category certificate to a woman who belongs to the Padri Tribe but had married a non-ST individual.

Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost Arm

Case-Title: Union Territory of J&K and Ors. vs Jehangir Ahmad Khan, 2025

Citation: 2025 LiveLaw (JKL) 29

The Jammu & Kashmir High Court held that a government employee cannot be disentitled from his right to receive compensation accruing to him due to permanent disablement in the course of employment. It also held that pain, agony and the nature of disablement could be taken account of in order to determine the amount of the compensation falling due to the victim.

Corporation Is An Independent Entity, Internal Service Rules Will Prevail Over Govt Office Memoranda: J&K High Court

Case-Title Rajesh Singh vs National Hydro Electric Power Corporation Ltd. (NHPC) & Anr

Citation: 2025 LiveLaw (JKL) 30

The Jammu and Kashmir High Court dismissed the writ Petition holding that Government office Memoranda will not prevail over the internal service rules relating to promotion unless these rules are specifically challenged before the court. It held that an employee facing criminal charges would be barred from being considered for promotion until completely exonerated as per the said internal rules.

Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order

Case-Title: Ex-CT/GD Om Prakash vs Union of India & ors

Citation: 2025 LiveLaw (JKL) 31

The J&K High Court ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. It also held that the High Court cannot interfere with conclusions arrived at by the inquiry officer under departmental proceedings unless the same is found to be fanciful and perverse.

Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High Court

Case Title :Union Territory of J&K vs Ashu Jolly

Citation: 2025 LiveLaw (JKL) 32

The J&K High Court held that a material discrepancy in the prosecution's case with respect to the mode and manner in which the demand for a bribe is made is sufficient to acquit the accused under the Corruption Act. The court also emphasized the principle that "Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, without proof of the demand, would not be sufficient to bring home the charge against the accused."

'Applicant Cannot Be Denied Passport Merely Due To Criminal Antecedents Of Family Members': J&K High Court

Case-Title: Mohd. Amir Malik vs Union of India & Ors

Citation: 2025 LiveLaw (JKL) 33

The Jammu and Kashmir High Court held that the criminal family background cannot be used as a reason to deny a passport to the one applying for it. It also held that a mere speculative reason, in the absence of any direct evidence, cannot be considered a valid ground to restrain freedom of movement.

[MSMED Act] Pre-Deposit Of 75% Of Awarded Amount While Challenging Award Cannot Be Scuttled By Petition Under Article 227: J&K High Court

Case-Title: UT of Jammu & Kashmir & Anr vs M/s Gulati Metals & Alloys

Citation: 2025 LiveLaw (JKL) 34

The Jammu and Kashmir High Court held that an award passed under the Micro, Small & Medium Enterprises Development Act (MSMED) cannot be challenged before the High Court, as the statutory remedy provided under the Act itself must be exhausted by the aggrieved party.

If Defendant Shows Plausible Defense Under Order 37 CPC, Court Must Grant Leave Unconditionally Without Requiring Any Security: J&K High Court

Case Title: Bilal Ahmad Bhat Vs Mohammad Shafi Bhat

Citation: 2025 LiveLaw (JKL) 35

Setting aside a trial court's order that had imposed a bank guarantee condition on a defendant seeking leave to defend, the Jammu and Kashmir and Ladakh High Court reaffirmed the principle that if a defendant discloses facts that may establish a defence at trial under Order 37 CPC, leave to defend must be granted unconditionally, without requiring security or a payment into court.

Employee Cannot Be Indefinitely Suspended On Corruption Allegations Without Any Departmental Proceedings: J&K High Court

Case-Title: Ashok Kumar vs Union of India and Ors

Citation: 2025 LiveLaw (JKL) 36

The Jammu and Kashmir High Court quashed the suspension order of the employee, stating that an employee cannot be suspended for an indefinite period. The court observed that the petitioner has remained under suspension for more than a year and that no departmental enquiry parallel to the filing of the charge sheet has been initiated by the respondents, which would be prejudiced by the termination of the petitioner's suspension.

Contract Which Is Renewable Based On 'Criteria Of Performance' Is Deemed Renewed Unilaterally After Criteria Is Met, Cannot Be Terminated: J&K HC

Case-Title: Zaffar Abbas Din vs Nasir Hamid Khan, 2025

Citation: 2025 LiveLaw (JKL) 37

The Jammu and Kashmir High Court held that where renewal of contract is based on the criteria of performance, the contract is deemed to have to been extended, if the said criteria is met. It also held that courts cannot interfere with the interpretation given by an Arbitrator if the same is reasonable and not opposed to logic.

J&K HC Upholds Compensation For Man Disabled Due To Tear Gas Fired By Police, Says Criminal Justice Would Look 'Hollow' If Victim Not Compensated

Case-Title: State of J&K and Anr. Vs Yawar Ahmad Bhat (minor)

Citation: 2025 LiveLaw (JKL) 38

The Jammu and Kashmir High Court has that permanent disability of the citizen due to state action violates their fundamental rights and has to be fully compensated by the State.

The court also held that when the service of notice is made at the correct address, the addressee is deemed to have knowledge of the said notice.

Settlement Cannot Justify Quashing Serious Crimes Like Murder, Rape, Or Corruption; No Legal Sanction For Such Compromises: J&K High Court

Case Title: Syed Mazloom Hussain Vs Government Of J&K

Citation: 2025 LiveLaw (JKL) 39

The Jammu and Kashmir and Ladakh High Court held that quashing criminal proceedings on the ground of a settlement between an offender and the victim is not the same as compounding an offence.

A bench of Justice Vinod Chatterji Koul emphasized that serious crimes such as murder, rape, dacoity, and offences of moral turpitude under special statutes cannot be quashed merely because the accused and the victim have reached a compromise.

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

Case-Title: Parvez Ahmad Khan vs Areeb

Citation: 2025 LiveLaw (JKL) 40

The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also warned that if any petition or application refers to such an expression, the same shall not be registered/diarized.