Jammu & Kashmir And Ladakh High Court Monthly Digest: December 2025

Nominal Index:Sarwa Zahoor & Anr. vs Deputy Director, Directorate of Enforcement and another, 2025 2025 LiveLaw (JKL) 292Union of India vs Nirman Singh Jamwal & Connected matters 2025 LiveLaw (JKL) 293Abdul Rashid Khan Vs State of J&K 2025 LiveLaw (JKL) 294MRS. SHABEENA IBRAHIM THE HONGKONG & SHANGHAI BANKING CORPORATION LIMIT Vs MIR USMAN DISOOKI 2025 LiveLaw (JKL) 295Mohd...

Sweeping Allegations On 'Bad Reputation' Without Service Record Cannot Sustain Premature Retirement Order: J&K&L High Court

The Jammu & Kashmir High Court held that a government servant cannot be prematurely retired merely on the basis of vague and unsubstantiated allegations regarding his “bad reputation,” especially when such observations are not supported by any cogent material from the service record. The Division Bench of Sanjeev Kumar, Justice Sanjay Parihar upheld the writ court's decision quashing the order of premature retirement.The Court examined the record placed before it and found that the only...

Mere Presence In Free-Fight Not Enough To Sustain Conviction; J&K High Court Acquits Four Accused In Fatal Group Clash Case

The Jammu & Kashmir High Court has set aside the conviction and sentence of four accused in a criminal appeal arising from a fatal free-fight between rival groups.It observed that the prosecution failed to prove common intention and specific culpability beyond reasonable doubt, especially when a majority of co-accused were acquitted on the same evidence.A bench of Justice Sanjeev Kumar, Sanjay Parihar examined the evidence against appellants 1–4, who had been convicted under Section 304-I...

Women Accused In Non-Bailable Offences Form Distinct Class; Courts Must Not Be Limited By Rigour Of S.437 CrPC: J&K&L High Court

Reaffirming that women accused of non-bailable offences constitute a distinct class deserving special judicial consideration, the Jammu and Kashmir and Ladakh High Court has granted bail to three women undertrials in a murder case, holding that courts must not allow themselves to be held hostage by the rigour of Section 437 CrPC while dealing with bail pleas of women.A bench of Justice...

Violation Of Article 16: J&K&L High Court Strikes Down Residence-Based Reservation

The Jammu and Kashmir and Ladakh High Court has declared unconstitutional a clause in a High Court recruitment advertisement that restricted eligibility for district cadre posts on the basis of residence.The Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar remarked,“where the selection process has been conducted as per the rules or stipulations in the...

Availability Of Civil Remedy Not Grounds To Quash Criminal Proceedings: J&K High Court Holds In Enso Tower Dispute

The High Court of Jammu & Kashmir and Ladakh recently held that the mere existence of a civil or commercial dispute does not bar criminal prosecution, if the allegations in a complaint disclose the commission of a criminal offense. Noting that same facts might result in both civil and criminal remedies, the bench comprising of Justice Sanjay Dhar, on 26th December, 2025, rejected to quash...

Bail Is Rule, Jail Exception: High Court Grants Bail To J&K Bank Manager In Alleged Multi-Crore Loan Fraud Case

The Jammu and Kashmir and Ladakh High Court has granted bail to Jatinder Kumar, a Manager of Jammu & Kashmir Bank, who was arrested in connection with an alleged large-scale loan fraud case investigated by the Crime Branch, Economic Offences Wing (EOW), Jammu.While allowing the bail application, Justice Mohammad Yousuf Wani strongly reiterated the settled constitutional principle that...

Courts Must Not Stifle Corruption Probes At Threshold: J&K&L High Court Refuses To Quash FIR Against Former ARTO

Reiterating that courts must not stifle corruption investigations at the threshold, the Jammu and Kashmir and Ladakh High Court has dismissed a plea seeking quashment of an FIR registered against a former Assistant Regional Transport Officer, holding that the record discloses “sufficient grounds to suspect commission of offences” and that no case for exercise of inherent jurisdiction is...

Right To Speedy Trial Extends To Appeals: J&K&L High Court Closes 46-Yr Old Criminal Case On Grounds Of Delay

Reflecting the human consequences of prolonged criminal litigation, the Jammu and Kashmir and Ladakh High Court has brought to a close a criminal case arising out of an incident of 1979, holding that continuation of the substantive sentence would serve no meaningful purpose.Justice Sanjay Parihar, while deciding a criminal appeal pending since 2009, treated the sentence as already...

J&K&L High Court Issues Notice On ₹5 Crore Compensation Plea Over Alleged Illegal Demolition; Orders Status Quo At Site

The Jammu & Kashmir High Court issued notice to the Union Territory administration in a writ petition seeking ₹5 crore compensation for the alleged unlawful demolition of a commercial structure and violation of the petitioner's right to livelihood.A bench of Justice Rahul Bharti, while considering the matter, noted the petitioner's grievance that the District Administration demolished...

Jammu & Kashmir And Ladakh High Court Weekly Roundup December 22 - December 28, 2025

Nominal Index:Oasis Girls School Vs XXX 2025 LiveLaw (JKL) 332Basharat Ahmad Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 333Abdul Gani Ganai Vs Habibullah Ganai 2025 LiveLaw (JKL) 334Dharmarth Trust J&K Vs Industrial Tribunal & Anr 2025 LiveLaw (JKL) 335Irfan Yousuf Vs IIT Jammu, Nagrota Campus & Ors 2025 LiveLaw (JKL) 336Residents of Seenthakran, Tehsil & District Udhampur Vs UT...

Matrimonial Remedies Can Overlap, But Cruelty Claims Cannot Emerge Selectively: J&K&L High Court Quashes S.498A IPC FIR

Examining the interface between multiple matrimonial remedies, the Jammu and Kashmir and Ladakh High Court has held that strict segregation of proceedings under Section 125 CrPC, the Protection of Women from Domestic Violence Act 2005, and criminal prosecution under Section 498-A IPC is not always necessary, particularly because allegations of domestic violence, dowry demand, mental cruelty...