Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 10 - March 17, 2025

Mohammad Jamal Sheikh Vs UT Of J&K 2025 LiveLaw (JKL) 78

Executive Engineer And Ors. Vs Ghulam Mohideen Tantray 2025 Livelaw(JKL) 79

Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 80

Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 81

Damni Rajrah & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 82

Mohammad Abass Magray vs Union Territory of J&K 2025 Livelaw (JKL) 83

Smt Amrit Kour Vs UT Of J&K 2025 LiveLaw (JKL) 84

National Insurance Co. Ltd. Vs Jammu and Kashmir State Consumer Disputes Redressal Commission & ORS 2025 LiveLaw (JKL) 85

Mohammad Bashir Vs UT Of J&K 2025 LiveLaw (JKL) 86

Fayaz Ahmad Rather Vs Tariq Ahmad Wani 2025 LiveLaw (JKL) 87

Renu Sharma and Anr. Vs Union Territory of J&K and another 2025 LiveLaw (JKL) 88

Airports Authority Of India Vs M/s Saptagiri Restaurant Private Limited 2025 LiveLaw (JKL) 89

M/S NAVA HEALTHCARE PVT. LTD M/S MANCARE LABORATORIES PVT. LTD Vs UT OF J&K 2025 LiveLaw (JKL) 90

Saraj Din Vs Liaqat Ali 2025 LiveLaw (JKL) 91

Dilshada Begum Vs State of J&K 2025 LiveLaw (JKL) 92

Ansh Mahajan Vs UT Of J&K 2025 LiveLaw (JKL) 93

Judgments/Orders:

“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation

Case Title: Mohammad Jamal Sheikh Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 78

The Jammu and Kashmir and Ladakh High Court restrained the government from making any promotions unless candidates from the Scheduled Caste (SC) and Scheduled Tribe (ST) categories entitled to reservation are duly considered.

Delivering a major relief to reserved category employees who have long been denied their rightful promotions due to a controversial government circular Justice M.A Chowdhary observed,

“The respondents are restrained from making any promotions unless candidates belonging to the SC/ST reserved categories entitled for consideration for reservation in promotions are considered”

Lok Adalat Is Meant For Conciliated Settlement Of Disputes, Not For Orders On Merits: J&K High Court Directs Training Of Judicial Officers

Case Title: Executive Engineer And Ors. Vs Ghulam Mohideen Tantray

Citation: 2025 Livelaw(JKL) 79

The Jammu and Kashmir High Court held that Lok Adalats have no adjudicatory powers; they can only record settlements between willing parties. The court stated that if a compromise is not reached, the case must be referred back to the appropriate court.

The court noted that the impugned award passed by the CJM in the Lok Adalat did not mention any settlement between the parties, and the record suggested that the order had been passed on merits, which is beyond its jurisdiction.

Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court

Case-title Punjab National Bank vs V K Gandotra,

Citation: 2025 LiveLaw (JKL) 80

The Jammu and Kashmir High Court held that a suit for damages due to wrongful dismissal is not maintainable unless the termination is first challenged and declared wrongful. The court observed that the plaintiff has neither pleaded nor made any attempt to demonstrate that the impugned order of dismissal was in violation of any terms of his employment.

Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC

Case Title Punjab National Bank vs V K Gandotra,

Citation: 2025 LiveLaw (JKL) 81

The Jammu and Kashmir High Court held that if there is an omission on the part of the trial court to frame an issue on the maintainability of the suit under law, that does not limit the powers of the appellate court to decide the issue of maintainability.

The court added that the only requirement is that there should be no new facts that need to be pleaded and no new evidence to be led by the parties. The court held that if the evidence on file is sufficient, the appellate court can decide and determine the case finally.

Courts Cannot Compel Employers To Retain Contractual Employees Or Alter Terms Of Employment: J&K High Court

Case Title: Damni Rajrah & Ors Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 82

Dismissing a plea filed by 150 contractual healthcare workers seeking continuation of their services in Government Medical College (GMC), Jammu the Jammu and Kashmir and Ladakh High Court reaffirmed that once a contract of employment has been mutually agreed upon without any objection or reservation, courts lack the jurisdiction to compel an employer to maintain the contract or alter the terms of employment.

Accused Granted Bail In FIR Cannot Be Re-Arrested For Different Offence In Same Case After Unreasonable Delay: J&K High Court

Case-title: Mohammad Abass Magray vs Union Territory of J&K

Citation: 2025 Livelaw (JKL) 83

The Jammu and Kashmir High Court held that it would amount to a gross deprivation of liberty if an accused who has already been granted bail in the case FIR is charged and arrested for a different offence after a period of 15 years.

Constitutional Courts Must Prevent Fraudulent Gains, Writ Of Certiorari Can Be Denied Over Allegations Of Fraud Requiring Enquiry: J&K High Court

Case Title: Smt Amrit Kour Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 84

Underscoring the duty of constitutional courts to ensure that no one benefits from fraudulent acts the Jammu and Kashmir and Ladakh High Court refused to grant the writ of certiorari, emphasizing that when allegations of fraud are raised, the court must inquire into the matter to ensure substantial justice between the parties.

Psychiatric Treatment Requiring Hospitalization Can Be Covered Under Mediclaim If Policy Terms Do Not Explicitly Bar Such Cases: J&K High Court

Case-Title: National Insurance Co. Ltd. Vs Jammu and Kashmir State Consumer Disputes Redressal Commission & ORS

2025 LiveLaw (JKL) 85

The Jammu and Kashmir High Court held that if hospitalization is deemed necessary by medical experts, insurance companies cannot deny claims solely on the basis of exclusion clauses without proper justification.

Limitation Rules Not Superfluous, Save System From Anarchy: J&K High Court Dismisses Plea Challenging 39-Yr-Old Mutation Order

Case Title: Mohammad Bashir Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 86

The Jammu and Kashmir and Ladakh High Court dismissed a writ petition challenging a mutation order passed 39 years ago reiterating that an unending period for initiating legal remedies could lead to uncertainty and anarchy, upholding the principle that every legal remedy must have a fixed lifespan.

NI Act | Single Complaint For Dishonour Of More Than Three Cheques Maintainable If Covered By Consolidated Demand Notice: J&K High Court

Case Title: Fayaz Ahmad Rather Vs Tariq Ahmad Wani

Citation: 2025 LiveLaw (JKL) 87

Clarifying the legal position under the Negotiable Instruments Act, 1881, the High Court of Jammu and Kashmir and Ladakh held that mere issuance or dishonour of a cheque does not give rise to a cause of action under Section 138 of the Act.

Magistrate Cannot Switch Back To Pre-Cognizance Stage U/S 156 CrPC After Initiating Complaint Inquiry U/S 200 CrPC: J&K High Court

Case-Title: Renu Sharma and Anr. Vs Union Territory of J&K and another,

Citation: 2025 LiveLaw (JKL) 88

The Jammu and Kashmir High Court held that once the magistrate records the preliminary statement of the complainant and proceeds to direct an inquiry to ascertain the truth of the matter, it is not open to the magistrate to direct the police to register an FIR.

“Judicial Restraint Essential In Public Tender Disputes”: J&K High Court Quashes Injunction Against AAI's Debarment Order

Case Title: Airports Authority Of India Vs M/s Saptagiri Restaurant Private Limited

Citation: 2025 LiveLaw (JKL) 89

Stressing the need for judicial restraint in matters involving public tenders and contractual integrity, the Jammu and Kashmir and Ladakh High Court quashed an interim injunction that had stayed the Airports Authority of India's (AAI) debarment order against M/s Saptagiri Restaurant Pvt. Ltd. (SRPL).

Magistrate Can Take Cognizance Under Drugs & Cosmetics Act But Trial Must Be Conducted By Sessions Court: J&K High Court

Case Title: M/S NAVA HEALTHCARE PVT. LTD M/S MANCARE LABORATORIES PVT. LTD Vs UT OF J&K

Citation: 2025 LiveLaw (JKL) 90

Setting aside the proceedings against two pharmaceutical companies accused of manufacturing and marketing substandard drugs the Jammu and Kashmir and Ladakh High Court clarified that while the trial of offences under Chapter IV of the Drugs and Cosmetics Act must be conducted by a Court of Sessions, there is no bar on a Magistrate taking cognizance of such offences.

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

Case Title: Saraj Din Vs Liaqat Ali

Citation: 2025 LiveLaw (JKL) 91

The Jammu and Kashmir and Ladakh High Court reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code (CPC) can only be appointed when the evidence before the trial court is inconclusive and requires clarification.

J&K Police Rules | SPOs Entitled To Same Protections as Regular Police Officers, Cannot Be Disengaged Without Due Process: High Court

Case Title: Dilshada Begum Vs State of J&K

Citation: 2025 LiveLaw (JKL) 92

The Jammu and Kashmir and Ladakh High Court reiterated that Special Police Officers (SPOs) enjoy the same protections as regular police officers and cannot be disengaged from service without being provided a reasonable opportunity to show cause and meet the charges levelled against them.

EWS Reservation Can't Be Claimed By Those Already Holding Reserved Category: J&K HC Cancels MBBS Admission Secured Under Misrepresented EWS Status

Case Title: Ansh Mahajan Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 93

The High Court of Jammu & Kashmir and Ladakh ruled that an individual seeking to claim reservation under the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA), or any other similar categories.