Jammu & Kashmir And Ladakh High Court Weekly Roundup: June 16

Intizamia Committee Vs UT Of J&K 2025 LiveLaw (JKL) 238

TOUSEEF AHMAD KHAN Vs UT OF J&K & another 2025 LiveLaw (JKL) 239

Raja Aif Farooq & Anr VS UT OF J&K & ORS 2025 LiveLaw (JKL) 240

Healthium Medtech Ltd. Vs UT of Jammu and Kashmir and others 2025 LiveLaw (JKL) 241

MOHAMMAD AFZAL MALIK Vs MOHAMMAD AKRAM WANI & ORS 2025 LiveLaw (JKL) 242

Mohd. Abbas vs UT of Jammu and Kashmir and others 2025 LiveLaw (JKL) 243

Judgments/Orders:

‘Ziyarat’ That Qualifies As “Wakaf By User” Needs No Formal Declaration To Be Treated As Wakaf: J&K High Court

Case Title: Intizamia Committee Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 238

The High Court of Jammu and Kashmir and Ladakh held that a Ziyarat (shrine), Dargah, or other religious property that qualifies as a “Wakaf by user” under Section 3(d)(i) of the Jammu & Kashmir Wakafs Act, 1978, does not require a formal declaration or notification to be treated as Wakaf.

FSL Report Missing, Causes Doubts On Quantity Being Commercial: J&K High Court Grants Bail In NDPS Case

CaseTitle: TOUSEEF AHMAD KHAN Vs UT OF J&K & another

Citation: 2025 LiveLaw (JKL) 239

The Jammu and Kashmir High Court granted bail to an accused under the NDPS Act, observing that the prosecution failed to establish prima facie possession of commercial quantity of contraband drugs due to gaps in investigation and absence of crucial FSL reports.

A bench of Justice Sanjay Dhar allowed the bail application after noting that only 3 out of 11 bottles of alleged codeine syrup seized from the accused were sent for chemical analysis, leaving serious doubts about whether the remaining bottles contained any contraband substance.

‘Criminal Case Filed To Coerce Party To Settle Civil Dispute’: J&K High Court Quashes FIR Over Allegations Of Outraging Modesty Of Woman

Case-Title: RAJA ASIF FAROOQ & ANR VS UT OF J&K & ORS

Citation: 2025 LiveLaw (JKL) 240

The Jammu & Kashmir High Court quashed an FIR against two nephews accused of outraging the modesty of their aunt and criminal trespass, holding that the allegations arose out of a civil property dispute and did not constitute a criminal offence.

“Favouritism”: J&K High Court Quashes Tenders Awarded To Johnson & Johnson, SR Technomed Over Bias And Arbitrariness

Case-Title: Healthium Medtech Ltd. Vs UT of Jammu and Kashmir and others

Citation: 2025 LiveLaw (JKL) 241

The Jammu & Kashmir High Court set aside rate contracts awarded by the Jammu and Kashmir Medical Supplies Corporation Ltd. (JKMSCL) for supply of suture materials stating “clear arbitrariness, procedural violations, and institutional favouritism” in favour of two long-time vendors.

Local Commissioner Can Submit Report On Physical Features Of Land For Deciding Interim Injunction Application: J&K High Court

Case-Title: MOHAMMAD AFZAL MALIK Vs MOHAMMAD AKRAM WANI & ORS.

Citation: 2025 LiveLaw (JKL) 242

The Jammu and Kashmir High Court said that local commissioners appointed by the court are well within their rights to submit a report regarding the physical features existing on the spot of land for the purpose of deciding the application filed under Rules 1 and 2 of Order 39 of the Civil Procedure Code 1908.

“Abuse Of Authority”: J&K High Court Quashes Preventive Detention Order, Pulls Up DM, SSP Kathua For “Tainted Dossier”

Case-Title: Mohd. Abbas vs UT of Jammu and Kashmir and others

Citation: 2025 LiveLaw (JKL) 243

The Jammu and Kashmir High Court quashed the preventive detention of a man, calling the action as a “punitive measure in the garb of preventive detention.”

The court censured both the District Magistrate, Kathua, and the Senior Superintendent of Police (SSP), Kathua, for “abuse of position” and “malice in law.”