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...

Second Arbitral Reference Maintainable When Award Is Set Aside Without Adjudication On Merits: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a second reference to arbitration is maintainable where an arbitral award has been set aside under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") without any adjudication on merits of the claims, leaving the underlying disputes unresolved. Justice Sanjay Dhar said while allowing the...

Arbitral Tribunal Not Declared As “Court”, False Evidence Before Arbitrator Does Not Attract S.195 CrPC: J&K&L High Court

Clarifying the scope of criminal law in arbitral proceedings, the High Court of Jammu & Kashmir and Ladakh has held that the bar contained in Section 195 of the Code of Criminal Procedure does not apply to allegations of false evidence given before an Arbitral Tribunal, as an arbitrator is not a “court” within the meaning of that provision.“… the term “Court” has been defined...

Once GST Appeal Is Filed On Portal, No Mandatory Requirement To File Hard Copy Or Certified Copy Of Order: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court held that once a GST appeal is filed electronically within the statutory period along with the uploaded order, there is no requirement to file a hard copy or certified copy of the order. Justices Sindhu Sharma and Shahzad Azeem stated that the appeal was filed online within statutory period along with the copy of order and therefore,...

Magistrate Cannot Enforce Settlement Order Or Act As Executing Court After Compromise Is Recorded In Cheque Bounce Cases: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has underscored that once a lawful compromise is recorded in a complaint under Section 138 of the Negotiable Instruments Act, the trial Magistrate is duty-bound to dispose of the complaint in terms of that compromise and cannot continue to monitor or enforce the settlement by assuming the role of an executing court.Justice Sanjay Dhar held that such...