Does the Right to Obtain Revenue Extracts and Deal with Rule 5 Shamilat Land Extend to Co-sharers Even Without Formal Partition? J&K High Court Clarifies and Upholds Precedent

The High Court of Jammu & Kashmir confirms that co-sharers in Rule 5 Shamilat Land retain the right to obtain

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November 4, 2025 | High Court of Jammu and Kashmir

Can a Contractor Be Denied Payment for Executed Public Works Solely Due to Lack of Prior Administrative Approval? – Existing Precedent Upheld as Binding Authority

The court reaffirmed that government authorities cannot withhold payment for undisputed work executed by a contractor merely on the ground

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November 4, 2025 | High Court of Jammu and Kashmir

Can the Government Revise Fair Price Shop Regulations to Impose Age Limits, Renewal Fees, and Reduced Ration Tickets Despite Prior Orders or Doctrines of Legitimate Expectation and Promissory Estoppel?

The High Court has upheld new policy measures (S.O. 41 of 2023) revising fair price shop operations, including age ceilings,

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November 2, 2025 | High Court of Jammu and Kashmir

Can Pension Commutation Be Denied for Failure to Complete Formalities During Covid-19 Lockdown?

The High Court affirms that non-performance of procedural formalities, such as submission of a medical certificate for commutation of pension,

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November 2, 2025 | High Court of Jammu and Kashmir

Can a Private Party Claim Compensation from the Government for Investments Made Under a Void Agreement Not Sanctioned by the State? – Principle of Privity in Writ Jurisdiction Reaffirmed by the Jammu & Kashmir High Court

The Jammu & Kashmir High Court has reaffirmed that a private party cannot seek compensation from the government in writ

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November 2, 2025 | High Court of Jammu and Kashmir

Can Married Daughters of Displaced Persons Claim Compensation Under the Prime Minister Relief Package Despite Restrictions in Cabinet Order 578-C of 1954? – Precedent Affirmed on Succession Rights under Hindu Succession Act

The High Court clarifies that the Prime Minister Relief Package compensation for displaced families of POK is governed by the

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November 2, 2025 | High Court of Jammu and Kashmir

Does the Dismissal of an Appeal as Infructuous Affect the Precedential Value of the Quashed Detention Order?

The High Court dismissed the pending appeal as infructuous because the respondent was already released from detention and no further

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October 31, 2025 | High Court of Jammu and Kashmir

Can Preventive Detention Orders Be Sustained When Based Solely on Stale FIRs Without Proximate or Live Link to Current Threats? — Position Clarified and Existing Precedent Affirmed by High Court

The High Court reaffirms that preventive detention under the PSA cannot be justified if based solely on stale allegations or

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October 31, 2025 | High Court of Jammu and Kashmir

Can an Erroneous Record of “Withdrawal as Settled” in DV Act Proceedings Bar Enforcement of a Settlement? – High Court Clarifies Magistrate’s Power to Correct Clerical Mistakes Under Section 362 CrPC

The High Court affirms that clerical or typographical errors in judicial orders, especially relating to terms such as “withdrawn as

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October 31, 2025 | High Court of Jammu and Kashmir

When Can Adverse APARs Be Set Aside Due to Personal Bias and Procedural Irregularities? – Reaffirmation of Strict Compliance with Standing Orders and Natural Justice Principles in Judicial Review of Confidential Reports

The High Court of Jammu and Kashmir and Ladakh confirms that Annual Performance Appraisal Reports (APARs) vitiated by personal bias,

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October 31, 2025 | High Court of Jammu and Kashmir

Does Non-Compliance With Court-Ordered Conditions and Persistent Non-Representation Mandate Dismissal of a Writ Petition for Non-Prosecution?

A High Court bench has reaffirmed the settled principle that failure to comply with pre-conditions imposed by court orders, together

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October 30, 2025 | High Court of Jammu and Kashmir

Must Administrative Orders Rejecting Representations Disclose Reasons? High Court Affirms Requirement for Speaking Orders (Precedent Binding Value)

The High Court reiterated that rejection of representations by administrative authorities must be accompanied by a speaking and reasoned order,

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October 30, 2025 | High Court of Jammu and Kashmir