Nominal Index:Saleema & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 1STATE OF J & K vs NAZIR AHMAD BHAT AND OTHERS 2026 LiveLaw (JKL) 2State of Jammu and Kashmir vs Ahsan-ul-Haq Khan 2026 LiveLaw (JKL) 3Lt. Col. Daljit Singh Dogra vs State of J&K 2026 LiveLaw (JKL) 4Bharat Oil Traders Vs Assistant Commissioner & anr 2026 LiveLaw (JKL) 5Rishi Kumar vs Chenab Valley Power Projects...
Nominal Index:
Saleema & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 1
STATE OF J & K vs NAZIR AHMAD BHAT AND OTHERS 2026 LiveLaw (JKL) 2
State of Jammu and Kashmir vs Ahsan-ul-Haq Khan 2026 LiveLaw (JKL) 3
Lt. Col. Daljit Singh Dogra vs State of J&K 2026 LiveLaw (JKL) 4
Bharat Oil Traders Vs Assistant Commissioner & anr 2026 LiveLaw (JKL) 5
Rishi Kumar vs Chenab Valley Power Projects Ltd 2026 LiveLaw (JKL) 6
Sushma Devi vs State of J&K 2026 LiveLaw (JKL) 7
UT Of J&K Vs Bilal Ahmad Wani 2026 LiveLaw (JKL) 8
Ghulam Rasool Bhat Vs UT Of J&K 2026 LiveLaw (JKL) 9
Nazir Ahmad Bhat Vs Chairman/ Managing Director J&K Bank Corporate Office 2026 LiveLaw (JKL) 10
State Of J&K Vs Ahsan-ul-Haq 2026 LiveLaw (JKL) 11
Sarwa Zahoor Vs Deputy Director Enforcement Directorate & Anr 2026 LiveLaw (JKL) 12
Mehbooba Mufti vs Union of India & Ors 2026 LiveLaw (JKL) 13
M/S Ace Enterprises Vs Shri Jagdeep Rana 2026 LiveLaw (JKL) 14
Shafiq Anjum vs State of J&K & Ors 2026 LiveLaw (JKL) 15
Abdul Hamid Wani Vs Abdul Hamid Lone 2026 LiveLaw (JKL) 16
Farooq Ahmad Dar Vs UT Of J&K 2026 LiveLaw (JKL) 17
Nisar Ahmad Kakapori and Anr vs Aijaz Ahmad Kadoo& Anr 2026 LiveLaw (JKL) 18
YASIR AMIN KHANDAY AND ANOTHER Vs UT Of J&K 2026 LiveLaw (JKL) 19
Abdul Hamid Wani Vs Abdul Hamid Lone 2026 LiveLaw (JKL) 20
Dinesh Singh Chib & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 21
Ishant Sharma v. Union Territory of Jammu & Kashmir & Ors LiveLaw 2026 (JKL) 22
Shrisht Pal Sharma v. Union Territory of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 23
Jasveer Singh and others vs Jugal Kishore 2026 LiveLaw (JKL) 24
MOHAMMAD SHAIF BHAT ALIAS WANI & ANR Vs. RAFI AHMAD BHAT ALIAS WANI AND ORS 2026 LiveLaw (JKL) 25
Arfaz Mehboob Tak v. Union of India 2026 LiveLaw (JKL) 26
Mst Khati Vs Abdul Rashid Salroo 2026 LiveLaw (JKL) 27
National Insurance Company Limited Vs Bashir & Others 2026 LiveLaw (JKL) 28
M/S ARISTO LABORATORIES PVT. LTD Vs UT Of J&K 2026 LiveLaw (JKL) 29
Iqbal Singh Vs Durga Devi & Ors 2026 LiveLaw (JKL) 30
Gh. Rasool Ganie Vs State of J&K 2026 LiveLaw (JKL) 31
Om Prakash & Ors. vs Bodh Raj & Ors 2026 LiveLaw (JKL) 32
Judgments/Orders
Case Title: Saleema & Ors Vs UT Of J&K
Citation: 2026 LiveLaw (JKL) 1
Reaffirming that women accused of non-bailable offences constitute a distinct class deserving special judicial consideration, the Jammu and Kashmir and Ladakh High Court 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.
Case-Title: STATE OF J & K vs NAZIR AHMAD BHAT AND OTHERS
Citation: 2026 LiveLaw (JKL) 2
The Jammu & Kashmir High Court 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.
Case-Title: State of Jammu and Kashmir vs Ahsan-ul-Haq Khan
Citation: 2026 LiveLaw (JKL) 3
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.
J&K&L High Court Quashes Cancellation Of Land Allotted Under Erstwhile Princely-Era Law
Case-Title: Lt. Col. Daljit Singh Dogra vs State of J&K
Citation: 2026 LiveLaw (JKL) 4
The Jammu & Kashmir High Court quashed a government order cancelling the allotment of alternative land granted to a landowner in lieu of land acquired during the erstwhile princely rule, holding that the cancellation was arbitrary, legally untenable, and unsupported by record or statutory authority.
Case Title: Bharat Oil Traders v.s Assistant Commissioner & anr.
Citation: 2026 LiveLaw (JKL) 5
The High Court of Jammu & Kashmir and Ladakh held that the 2019 amendment to the GST law changing the limitation period for claiming refund of unutilised input tax credit cannot be applied retrospectively to deny refund claims relating to periods prior to 1 February 2019.
Deputation Does Not Bar Claim For Equivalent Designation Based On Experience: J&K&L High Court
Case-Title: Rishi Kumar vs Chenab Valley Power Projects Ltd
Citation: 2026 LiveLaw (JKL) 6
The Jammu & Kashmir High Court held that experience gained in the parent department cannot be excluded while determining equivalent designation in the borrowing organisation.
A bench of Justice Javed Iqbal Wani said that the stand that a deputationist cannot seek equivalent designation in the borrowing department is misconceived, palpably erroneous, unfair, unreasonable, and discriminatory.
Case-Title: Sushma Devi vs State of J&K
Citation: 2026 LiveLaw (JKL) 7
The Jammu & Kashmir and Ladakh High Court ruled that a candidate who marries outside the concerned district cannot insist on the benefit of local residence preference in public recruitment unless such residence is established by cogent and reliable documentary evidence.
Case Title: UT Of J&K Vs Bilal Ahmad Wani
Citation: 2026 LiveLaw (JKL) 8
Clarifying the evidentiary standards required for offences under the Information Technology Act, the High Court of Jammu & Kashmir and Ladakh held that mere seizure of electronic devices or storage media is wholly insufficient to attract Section 67 of the IT Act unless the prosecution proves, through authenticated electronic evidence and admissible expert opinion, that the alleged obscene material was published or transmitted in electronic form.
Case Title: Ghulam Rasool Bhat Vs UT Of J&K
Citation: 2026 LiveLaw (JKL) 9
Addressing a recurring claim in service matters, the High Court of Jammu & Kashmir and Ladakh made it clear that mere continuity of service does not entitle an employee to retrospective regularisation. The Court held that under the J&K Civil Services (Special Provisions) Act, 2010, statutory regularisation can operate only prospectively, irrespective of the stage at which the qualifying period of service is completed.
Case Title: Nazir Ahmad Bhat Vs Chairman/ Managing Director J&K Bank Corporate Office
Citation: 2026 LiveLaw (JKL) 10
Emphasising the transformative impact of the 2016 amendment to the SARFAESI Act, the Jammu and Kashmir and Ladakh High Court held that a borrower's right of redemption no longer survives till the completion of sale and instead stands extinguished on the date of valid publication of the notice of sale.
Case Title: State Of J&K Vs Ahsan-ul-Haq
Citation: 2026 LiveLaw (JKL) 11
The Jammu and Kashmir and Ladakh High Court clarified that while involvement in a criminal case may be a relevant factor for determining the continued utility of a government servant, it cannot be the sole basis for their premature retirement.
Case Title: Sarwa Zahoor Vs Deputy Director Enforcement Directorate & Anr
Citation: 2026 LiveLaw (JKL) 12
Clarifying the scope of appellate powers under the Prevention of Money Laundering Act, 2002 (PMLA), the Jammu and Kashmir and Ladakh High Court held that the Appellate Tribunal's power under Section 26(4) of the Act is of wide amplitude and necessarily includes the power to remand a matter to the Adjudicating Authority as a consequential and ancillary power when an order is set aside.
Case-Title: Mehbooba Mufti vs Union of India & Ors
Citation: 2026 LiveLaw (JKL) 13
The Jammu & Kashmir High Court dismissed a Public Interest Litigation seeking directions for detention of undertrial prisoners of the Union Territory within prisons located in Jammu & Kashmir, holding that Public Interest Litigation cannot be used as a political platform or as a tool to gain electoral advantage.
Case Title: M/S Ace Enterprises Vs Shri Jagdeep Rana
Citation: 2026 LiveLaw (JKL) 14
Underscoring the strict procedural safeguards governing prosecution for perjury, the Jammu & Kashmir and Ladakh High Court held that where an alleged false affidavit or statement is made in proceedings before the Supreme Court, it is the Supreme Court alone which has the jurisdiction to initiate perjury proceedings, and no subordinate court or trial court can assume such competence.
Third Party Using Land With Owner's Consent Cannot Be Prosecuted For Encroachment: J&K&L High Court
Case-Title: Shafiq Anjum vs State of J&K & Ors
Citation: 2026 LiveLaw (JKL) 15
The Jammu & Kashmir High Court held that coercive action cannot be taken against a third party who merely used land with the permission of its recorded owner, especially when the statute invoked is inapplicable.
Case Title: Abdul Hamid Wani Vs Abdul Hamid Lone
Citation: 2026 LiveLaw (JKL) 16
The Jammu and Kashmir and Ladakh High Court held that where a drawer of a cheque deliberately appends a signature that does not tally with his specimen signature available with the bank, with the intent to prevent the cheque from being honoured, the offence under Section 138 of the Negotiable Instruments Act, 1881, would stand attracted.
Case Title: Farooq Ahmad Dar Vs UT Of J&K
Citation: 2026 LiveLaw (JKL) 17
While reaffirming that justice must ordinarily be administered strictly in the manner prescribed by law, the Jammu and Kashmir and Ladakh High Court underscored that in exceptional factual situations, courts cannot remain indifferent to human consequences.
Case-Title: Nisar Ahmad Kakapori and Anr vs Aijaz Ahmad Kadoo& Anr
Citation: 2026 LiveLaw (JKL) 18
The Jammu & Kashmir High Court held that once a trial court has finally decided an issue, it lacks jurisdiction to reopen, revisit, or refer the same issue to the High Court, particularly when the order has attained finality and has not been challenged through appropriate legal remedies.
Case Title: YASIR AMIN KHANDAY AND ANOTHER Vs UT Of J&K
Citation: 2026 LiveLaw (JKL) 19
Emphasizing victim protection over procedural shortcuts for the accused, the High Court of Jammu & Kashmir and Ladakh held that the timeline mandated under the proviso to Section 309 of the Code of Criminal Procedure (CrPC) is designed to deliver speedy justice to victims and cannot be invoked to grant automatic bail to the accused merely due to a delay in completing the trial.
Case Title: Abdul Hamid Wani Vs Abdul Hamid Lone
Citation: 2026 LiveLaw (JKL) 20
Emphasising that a material alteration in a cheque does not, by itself, absolve the accused of criminal liability, the Jammu and Kashmir and Ladakh High Court held that the decisive factor under the Negotiable Instruments Act is not the mere presence of an alteration, but the identity of the person who made it.
Case Title: Dinesh Singh Chib & Ors Vs UT Of J&K
Citation: 2026 LiveLaw (JKL) 21
Delineating the limits of judicial review in recruitment matters, the Jammu and Kashmir and Ladakh High Court dismissed two clubbed writ petitions seeking age relaxation for participation in a fresh recruitment process for the post of Sub-Inspector in the J&K Police.
Case Title: Ishant Sharma v. Union Territory of Jammu & Kashmir & Ors.
Citation: LiveLaw 2026 (JKL) 22
The Jammu & Kashmir and Ladakh High Court held that the suspension of a government employee solely on the basis of criminal proceedings pending against his father is impermissible in law, as penal liability cannot be inherited by legal heirs.
Case Title: Shrisht Pal Sharma v. Union Territory of Jammu & Kashmir & Ors.
Citation: 2026 LiveLaw (JKL) 23
The Jammu & Kashmir and Ladakh High Court held that an employer cannot revise service records post-retirement to the prejudice of an employee in order to cover up its own lapses, especially when the employee was not responsible for maintaining the service book and the issue stood settled by an earlier judgment of the Court.
S. 223 BNSS | Pre-Cognizance Hearing Not Mandatory For S. 138 NI Act Proceedings: J&K&L High Court
Case-Title: Jasveer Singh and others vs Jugal Kishore
Citation: 2026 LiveLaw (JKL) 24
The Jammu & Kashmir High Court dismissed a petition seeking the quashing of proceedings under Section 138 of the Negotiable Instruments Act, 1881, ruling that the requirement of hearing the accused at the pre-cognisance stage under Section 223 BNSS stands dispensed with for cheque dishonour cases.
Case Title: MOHAMMAD SHAIF BHAT ALIAS WANI & ANR Vs. RAFI AHMAD BHAT ALIAS WANI AND ORS.
Citation: 2026 LiveLaw (JKL) 25
The Jammu & Kashmir and Ladakh High Court clarified that once a plaint is returned by a court for lack of jurisdiction, the entire suit must commence de novo before the competent court, even if evidence of the parties stood concluded before the court which returned the plaint.
Case Title: Arfaz Mehboob Tak v. Union of India
Citation: 2026 LiveLaw (JKL) 26
Interpreting the stringent bail provisions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the Jammu & Kashmir and Ladakh High Court clarified that the expression “reasonable grounds” contained in Section 37 cannot be stretched to mean 'proved' under the Bharatiya Sakshya Adhiniyam.
Case Title: Mst Khati Vs Abdul Rashid Salroo
Citation: 2026 LiveLaw (JKL) 27
Reaffirming the strict statutory mandate governing transfer of immovable property in Jammu & Kashmir, the Jammu and Kashmir and Ladakh High Court held that there cannot be a valid transfer of immovable property unless it is in writing and duly registered in accordance with Section 61(3) of the J&K Registration Act read with Section 138 of the J&K Transfer of Property Act.
Case Title: National Insurance Company Limited Vs Bashir & Others
Citation: 2026 LiveLaw (JKL) 28
Reaffirming consumer rights under insurance contracts, the Jammu & Kashmir and Ladakh High Court held that an insurer cannot evade liability by relying on obscure or undisclosed exclusion clauses, particularly where the insurance policy is issued and marketed as a comprehensive cover for 'Standard Fire and Special Perils'.
Case Title: M/S ARISTO LABORATORIES PVT. LTD Vs UT Of J&K
Citation: 2026 LiveLaw (JKL) 29
Holding that jurisdiction under the Drugs and Cosmetics Act is governed by the nature of punishment prescribed and not merely by the chapter under which an offence falls, the High Court of Jammu & Kashmir and Ladakh ruled that offences punishable with imprisonment not exceeding three years can validly be tried by a specially empowered Judicial Magistrate, notwithstanding that such offences fall under Chapter IV of the Act.
Case Title: Iqbal Singh Vs Durga Devi & Ors
Citation: 2026 LiveLaw (JKL) 30
The Jammu & Kashmir and Ladakh High Court reiterated that the right of pre-emption is a very weak right, which can be lawfully defeated by a purchaser and can also be waived by the pre-emptor through conduct, as inferred from the facts and circumstances of a case.
Case Title: Gh. Rasool Ganie Vs State of J&K
Citation: 2026 LiveLaw (JKL) 31
Underscoring the foundational requirement of mens rea in criminal prosecution for forgery and corruption, the High Court of Jammu & Kashmir and Ladakh held that even if the prosecution's version that a tampered document was used to secure a benefit is assumed to be correct, the mental element of the offence must still be independently proved.
Case-Title: Om Prakash & Ors. vs Bodh Raj & Ors
Citation: 2026 LiveLaw (JKL) 32
The Jammu & Kashmir and Ladakh High Court has dismissed a petition challenging the remand of proceedings under Section 133 CrPC to the Sub Divisional Magistrate (SDM) for fresh consideration, holding that procedural compliance under Chapter X CrPC is mandatory and cannot be bypassed even for a "well-meaning" order.