Jammu & Kashmir And Ladakh High Court Monthly Digest: July 2026

Update: 2026-08-02 08:15 GMT
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Nominal Index:Madhu Bakshi & Ors. v. Anti-Corruption Bureau & Anr. (Connected Matters) 2026 LiveLaw (JKL) 287Anwar Jan (Choudhhary) v. UT of J&K & Ors.L 2026 LiveLaw (JKL) 288Junaid Javid v. Union of India & Anr 2026 LiveLaw (JKL) 289Mohammad Ishaq Najar & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 290Anjum Rafiq v. Union Territory of J&K &...

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Nominal Index:

Madhu Bakshi & Ors. v. Anti-Corruption Bureau & Anr. (Connected Matters) 2026 LiveLaw (JKL) 287

Anwar Jan (Choudhhary) v. UT of J&K & Ors.L 2026 LiveLaw (JKL) 288

Junaid Javid v. Union of India & Anr 2026 LiveLaw (JKL) 289

Mohammad Ishaq Najar & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 290

Anjum Rafiq v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 291

Fayaz Ahmad Lone v. UT of J&K & Ors 2026 LiveLaw (JKL) 292

Vishnu Kant Sharma & Ors. v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 293

Mohammad Yaseen Khan v. State of Jammu & Kashmir (now UT) & Ors 2026 LiveLaw (JKL) 294

Ruksana Bano & Anr. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 295

Adan Bashir Bangroo and Another v. Union Territory of J&K 2026 LiveLaw (JKL) 296

Mudasir Ahmad Mir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 297

Gazetted Aspirants, Residents of Ladakh v. Union Territory of Ladakh 2026 LiveLaw (JKL) 298

Abdul Gani Ganie and Another v. Abdul Gani Bhat 2026 LiveLaw (JKL) 299

Gulla Ganaie @ Gulzar Ahmad Ganaie v. Ghulam Qadir Sheikh 2026 LiveLaw (JKL) 300

Amir Ahmad Wani v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 301

Aijaz Ahmad Bhat v. Nisar Ahmad Malik 2026 LiveLaw (JKL) 302

Dr. Sonakshi Gupta & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 303

Vineet Jain v. Aman Zargar 2026 LiveLaw (JKL) 304

Ali Haider Shah v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 305

Yavnika alias Anshu v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 306

Adnan Rasool Ganie v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 307

Zahid Ahmad Mir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 308

Ravi Kumar v. Union of India & Ors. 2026 LiveLaw (JKL) 309

Muskan @ Shagufta Kousar v. Ashu Raja 2026 LiveLaw (JKL) 310

Rama Rani v. Chaman Lal 2026 LiveLaw (JKL) 311

Mohammad Shafi Reshi v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 312

Adil Ahmad Sofi v. Javid Ahmad Sofi 2026 LiveLaw (JKL) 313

Union Territory of J&K & Anr. v. Firdous Ahmad Itoo & Anr 2026 LiveLaw (JKL) 314

Dheeraj Pargal v. Union Territory of J&K & Anr. connected with Amit Mahajan & Anr. v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 315

Amit Kundal & Ors. v. Union of India & Ors 2026 LiveLaw (JKL) 316

Abdul Razzak Beigh v. Altaf Ahmad Khan 2026 LiveLaw (JKL) 317

Parvaiz Ahmad Khan v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 318

Rohit Kumar v. Union Territory of J&K 2026 LiveLaw (JKL) 319

Hindustan Coca-Cola Beverages Pvt. Ltd. v. Assistant Controller, Legal Metrology, Reasi & Anr 2026 LiveLaw (JKL) 320

Dr. Johns Pvt. Ltd. v. State of J&K 2026 LiveLaw (JKL) 321

M/s SPBL Energy Pvt. Ltd. v. Jammu Power Development Corporation Ltd. & Anr 2026 LiveLaw (JKL) 322

Sheikh Abdul Rehman v. Ghulam Nabi Kaboo 2026 LiveLaw (JKL) 323

Abdul Wahab Qureshi v. Mohammad Showkat & Anr 2026 LiveLaw (JKL) 324

Mohd. Yaqoob v. Financial Commissioner (Revenue) Jammu and Kashmir and others 2026 LiveLaw (JKL) 325

Arjun Kumar Through His Father Sham Lal v. UT of J&K & Ors 2026 LiveLaw (JKL) 326

Inder Krishan Raina v. Union Territory of J&K through SHO Police Station, Nawabad, Jammu 2026 LiveLaw (JKL) 327

Javid Ahmad Lone & Ors. v. Union Territory of J&K through SHO, Police Station Karnah, District Kupwara 2026 LiveLaw (JKL) 328

Bashir Mohammad Choudhary v. Union Territory through Vigilance Organisation Kashmir (Now ACB) & Anr 2026 LiveLaw (JKL) 329

Gulam Ahmad Raina & Anr. v. Mst. Hameeda Akhtar & Ors 2026 LiveLaw (JKL) 330

Syeda Afshana Bhat v. University of Kashmir & Ors 2026 LiveLaw (JKL) 331

The Jammu & Kashmir Central Cooperative Bank Ltd. v. Anil Kishore Gupta 2026 LiveLaw (JKL) 332

Judgments/Orders:

One-Time Settlement Does Not Wipe Out Criminal Liability: J&K&L High Court Refuses To Quash ₹289 Crore Bank Loan Fraud Case

Case Title: Madhu Bakshi & Ors. v. Anti-Corruption Bureau & Anr. (Connected Matters)

Citation: 2026 LiveLaw (JKL) 287

The Jammu & Kashmir and Ladakh High Court refused to quash criminal proceedings against Ambience Group promoter Raj Singh Gehlot, his family members, associated companies and other accused in the alleged ₹289.28-crore Jammu & Kashmir Bank loan fraud.

Mere Pendency Of Criminal Cases Does Not Bar Preventive Detention If Material Indicates Threat To Public Order: J&K&L High Court

Case Title: Anwar Jan (Choudhhary) v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 288

The Jammu & Kashmir and Ladakh High Court held that merely because a person is facing prosecution in several criminal cases does not denude the competent authority of its power to invoke preventive detention under the Jammu and Kashmir Public Safety Act, 1978.

J&K&L High Court Declines To Fix 45-Day Timeline For Disposal Of RTI Appeals, Directs CIC To Improve Mechanism For Clearing Pendency

Case Title: Junaid Javid v. Union of India & Anr.

Citation: 2026 LiveLaw (JKL) 289

The Jammu & Kashmir and Ladakh High Court declined to issue a writ of mandamus directing the Central Information Commission (CIC) to decide second appeals arising from the Union Territory of Jammu & Kashmir within a fixed period of 45 days, holding that the Right to Information Act, 2005 does not prescribe any statutory timeline for disposal of such appeals.

Govt Cannot Keep Disaster Restoration Workers Waiting Indefinitely For Admitted Dues Over Inter-Departmental Delays: J&K&L High Court

Case Title: Mohammad Ishaq Najar & Ors. v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 290

The Jammu & Kashmir and Ladakh High Court held that the State cannot indefinitely withhold payment of admitted dues to persons who executed restoration works during a natural disaster merely because of pending inter-departmental formalities or non-release of funds under the State Disaster Response Fund (SDRF).

Vehicle Cannot Be Kept In Police Custody Throughout NDPS Trial Merely Because It May Be Confiscated: J&K&L High Court

Case Title: Anjum Rafiq v. Union Territory of J&K & Anr.

Citation: 2026 LiveLaw (JKL) 291

The Jammu & Kashmir and Ladakh High Court held that the mere fact that a vehicle is liable to confiscation under the Narcotic Drugs and Psychotropic Substances Act, 1985, does not justify its continued detention in police custody during the pendency of the trial.

"Personal Liberty Not A Plaything For District Police And District Magistracy": J&K&L High Court Quashes Preventive Detention

Case Title: Fayaz Ahmad Lone v. UT of J&K & Ors

Citation: 2026 LiveLaw (JKL) 292

In a strongly worded judgment reaffirming the constitutional primacy of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order passed under the Jammu & Kashmir Public Safety Act, 1978, holding that preventive detention cannot be founded upon a police dossier bereft of recent factual material and mechanically reproduced by the District Magistrate.

Magistrate Cannot Order Further Investigation On Protest Petition Without Explaining Why Police Investigation Was Deficient: J&K&L High Court

Case Title: Vishnu Kant Sharma & Ors. v. Union Territory of J&K & Anr.

Citation: 2026 LiveLaw (JKL) 293

The Jammu & Kashmir and Ladakh High Court held that a Magistrate cannot mechanically reject a police closure report and direct further investigation merely on the basis of allegations contained in a protest petition without first recording cogent reasons demonstrating why the investigation was deficient or why the material collected by the investigating agency was unreliable.

Long Stagnation In Small Cadres Doesn't Create Right To Promotion Or Cadre Expansion: J&K&L High Court

Case Title: Mohammad Yaseen Khan v. State of Jammu & Kashmir (now UT) & Ors.

Citation: 2026 LiveLaw (JKL) 294

Shedding light on service law and cadre restructuring, the High Court of Jammu & Kashmir and Ladakh upheld the constitutional validity of the note appended to Rule 1 of SRO 28 of 1996, holding that government employees cannot seek court directions for promotion merely because they have remained stagnated in a small cadre for a long time.

Victim's Denial Of Abduction Does Not Warrant Quashing Of Kidnapping FIR If Surrounding Circumstances Require Probe: J&K&L High Court

Case Title: Ruksana Bano & Anr. v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 295

The High Court of Jammu & Kashmir and Ladakh held that an adult woman's categorical assertion that she was not abducted cannot, by itself, constitute a ground for quashing a kidnapping FIR where the surrounding circumstances emerging from the complaint and the investigation disclose disputed questions of fact requiring a thorough probe.

Posters Allegedly Seeking To Alienate J&K Residents From India Sufficient To Frame UAPA Charge Against Accused: J&K&L High Court

Case Title: Adan Bashir Bangroo and Another v. Union Territory of J&K

Citation: 2026 LiveLaw (JKL) 296

The Jammu & Kashmir and Ladakh High Court held that posters allegedly seeking to alienate the residents of Jammu & Kashmir from the rest of India are, at the stage of framing of charges, sufficient to prima facie attract an offence under Section 13 of the Unlawful Activities (Prevention) Act, 1967.

J&K&L High Court Quashes Preventive Detention, Pulls Up Home Department For Failing To Produce Complete Detention Record

Case Title: Mudasir Ahmad Mir v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 297

The High Court of Jammu & Kashmir and Ladakh strongly deprecated the casual manner in which the Home Department produced the detention record in a habeas corpus petition, observing that the constitutional obligation to place the entire detention record before the Court cannot be discharged by merely forwarding photocopies through a clerk without proper verification by the competent authority.

J&K&L High Court Closes PIL As Ladakh Administration Establishes Recruitment Framework For Gazetted Posts

Case Title: Gazetted Aspirants, Residents of Ladakh v. Union Territory of Ladakh

Citation: 2026 LiveLaw (JKL) 298

The High Court of Jammu & Kashmir and Ladakh closed a Public Interest Litigation concerning non-recruitment to gazetted posts in the Union Territory of Ladakh, after the respondent authorities filed a status report stating that the grievance had been completely redressed.

Unamended Pleading Loses Efficacy Once Amendment Is Allowed; Party Cannot Capitalise On Its Own Default: J&K&L High Court

Case Title: Abdul Gani Ganie and Another v. Abdul Gani Bhat

Citation: 2026 LiveLaw (JKL) 299

The Jammu and Kashmir and Ladakh High Court held that once an application for amendment is allowed and a direction is issued to file a fresh application within specified time, the unamended pleading loses its efficacy for adjudication.

Section 138 NI Act Settlement Can't Be Enforced Through CrPC Recovery Unless Incorporated In Court Order: J&K&L High Court

Case Title: Gulla Ganaie @ Gulzar Ahmad Ganaie v. Ghulam Qadir Sheikh

Citation: 2026 LiveLaw (JKL) 300

The High Court of Jammu & Kashmir and Ladakh held that a settlement entered into between parties in proceedings under Section 138 of the Negotiable Instruments Act does not, by itself, become enforceable through the coercive recovery mechanism provided under Sections 421 and 431 of the Code of Criminal Procedure (CrPC).

Illegal Mining Cannot Be Labelled As Threat To Public Order To Justify Preventive Detention: J&K&L High Court

Case Title: Amir Ahmad Wani v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 301

The High Court of Jammu & Kashmir and Ladakh held that repeated involvement in illegal mining activities, even if brazen and in persistent violation of the Mines and Minerals (Development and Regulation) Act, cannot, by itself, be treated as conduct prejudicial to the maintenance of "public order" so as to justify preventive detention under the Jammu & Kashmir Public Safety Act, 1978.

Accused Cannot Flag Non-Compliance Of S.202 CrPC To Scuttle Cheque Bounce Proceedings At Stage Of Final Arguments: J&K&L High Court

Case Title: Aijaz Ahmad Bhat v. Nisar Ahmad Malik

Citation: 2026 LiveLaw (JKL) 302

The High Court of Jammu & Kashmir and Ladakh held that although an inquiry under Section 202 of the Code of Criminal Procedure (corresponding to Section 225 of the BNSS) is mandatory before issuance of process where the accused resides beyond the territorial jurisdiction of the Magistrate, non-compliance with that requirement cannot be invoked to derail proceedings after both parties have led their evidence and the case has reached the stage of final arguments.

"Maternity Leave Is Constitutional Right, Not State Charity": J&K&L High Court Quashes Order Denying Salary To Doctors

Case Title: Dr. Sonakshi Gupta & Ors. v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 303

The High Court of Jammu & Kashmir and Ladakh held that maternity leave is not a matter of governmental benevolence but an enforceable constitutional right flowing from the dignity, equality and welfare guarantees enshrined in the Constitution.

MD Not Liable For Content In Newspaper Unless Specific Role Alleged: J&K&L High Court Quashes Complaint Against TOI's Vineet Jain

Case Title: Vineet Jain v. Aman Zargar

Citation: 2026 LiveLaw (JKL) 304

The High Court of Jammu & Kashmir and Ladakh quashed a criminal complaint and the proceedings emanating therefrom against Vineet Jain, Managing Director of M/s Binnet Coleman and Co. Ltd., which owns the newspaper "Times of India", holding that the petitioner cannot be held liable for the content published in the newspaper in the absence of specific allegations against him.

J&K Reservation Act Is Complete Code; Statutory Appeal & Revision Must Be Exhausted Before Invoking Article 226: High Court

Case Title: Ali Haider Shah v. Union Territory of J&K & Anr.

Citation: 2026 LiveLaw (JKL) 305

The High Court of Jammu & Kashmir and Ladakh held that the Jammu and Kashmir Reservation Act, 2004, read with the Jammu and Kashmir Reservation Rules, 2005, constitutes a complete statutory code providing remedies of appeal and revision against orders relating to the issuance, rejection or cancellation of category certificates.

J&K&L High Court Refuses To Quash FIR Against Woman Accused Of SIM-Swapping With Trekker, ₹8.73 Lakh Cyber Fraud

Case Title: Yavnika alias Anshu v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 306

The High Court of Jammu & Kashmir and Ladakh refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.

PITNDPS Act | Unexplained Delay In Acting On Police Dossier Makes Preventive Detention A "Mockery": J&K&L High Court

Case Title: Adnan Rasool Ganie v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 307

The High Court of Jammu & Kashmir and Ladakh quashed the preventive detention of a man booked under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, 1988, holding that the authorities' unexplained delay of more than four months in acting upon the police dossier destroyed the very basis of the detention.

Alleged Illegal Acts Committed During Juvenility Cannot Justify Preventive Detention After Attaining Majority: J&K&L High Court

Case Title: Zahid Ahmad Mir v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 308

The High Court of Jammu & Kashmir and Ladakh held that acts allegedly committed by a person while he was a juvenile cannot subsequently be invoked as the foundation for preventive detention under the Jammu and Kashmir Public Safety Act (PSA) after he attains majority.

Battle Casualty Soldier During Kargil War Cannot Be Denied Benefits Because Injury Occurred Outside Kargil Sector: J&K&L High Court

Case Title: Ravi Kumar v. Union of India & Ors.

Citation: 2026 LiveLaw (JKL) 309

The High Court of Jammu & Kashmir and Ladakh held that a soldier who has admittedly been declared a Battle Casualty and invalidated out of military service during Operation Vijay cannot be denied ex-gratia financial assistance under a welfare scheme merely because his injuries were sustained outside the geographical limits of the Kargil Sector.

Court Cannot Brand Pending Criminal Case Against Father As 'False' To Alter Child's Custody: J&K High Court

Case Title: Muskan @ Shagufta Kousar v. Ashu Raja

Citation: 2026 LiveLaw (JKL) 310

The High Court of Jammu & Kashmir and Ladakh held that a court deciding interim custody of a minor cannot prejudge the truthfulness of criminal allegations pending investigation and employ such prima facie conclusions to alter the custody of a child.

Mere Knowledge Of Suit Or Receipt Of Ex Parte Injunction Order Doesn't Trigger 120-Day Limit To File Written Statement: J&K&L High Court

Case Title: Rama Rani v. Chaman Lal

Citation: 2026 LiveLaw (JKL) 311

Shedding light on the procedural jurisprudence under the Civil Procedure Code the Jammu & Kashmir and Ladakh High Court held that mere knowledge of a civil suit even through receipt of an ex parte injunction order cannot trigger the mandatory 120-day limitation for filing a written statement.

Co-Operative Bank Performing Public Functions Amenable To Writ Jurisdiction Despite Not Being 'State' Under Article 12: J&K&L High Court

Case Title: Mohammad Shafi Reshi v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 312

Expanding the contours of judicial review under Article 226 of the Constitution, the High Court of Jammu & Kashmir and Ladakh held that the maintainability of a writ petition no longer depends solely upon whether the respondent is a 'State' under Article 12.

Admission Of Issuing Cheque Alone Can't Be Treated As Plea Of Guilt In S.138 NI Act Case: J&K&L High Court

Case Title: Adil Ahmad Sofi v. Javid Ahmad Sofi

Citation: 2026 LiveLaw (JKL) 313

Delineating the limits of summary criminal procedure, the High Court of Jammu & Kashmir and Ladakh held that a defence disclosed by an accused while recording his plea under Section 251 of the Code of Criminal Procedure cannot be converted into a plea of guilt merely because the accused admits issuing the cheque or expresses willingness to settle accounts.

Retiral Benefits Cannot Be Withheld Over Suspected Involvement In Criminal Case: J&K&L High Court

Case Title: Union Territory of J&K & Anr. v. Firdous Ahmad Itoo & Anr.

Citation: 2026 LiveLaw (JKL) 314

The High Court of Jammu & Kashmir and Ladakh held that the State cannot place a retired employee's pension and gratuity in indefinite suspension merely because it suspects involvement in a criminal case or contemplates disciplinary action in the future.

Death Of Sole Accused Extinguishes Disproportionate Assets Attachment Proceedings: J&K&L High Court

Case Title: Dheeraj Pargal v. Union Territory of J&K & Anr. connected with Amit Mahajan & Anr. v. Union Territory of J&K & Anr.

Citation: 2026 LiveLaw (JKL) 315

The High Court of Jammu & Kashmir and Ladakh held that property attachment proceedings initiated during a disproportionate assets investigation cannot acquire an independent existence once the criminal proceedings against the sole accused public servant become legally incapable of continuing.

Domicile Relaxation Available To All; Can't Deprive SC Candidate Of Availing Unreserved Vacancy: J&K&L High Court

Case Title: Amit Kundal & Ors. v. Union of India & Ors.

Citation: 2026 LiveLaw (JKL) 316

The High Court of Jammu & Kashmir and Ladakh held that a reserved category candidate cannot be denied adjustment against an unreserved vacancy merely because he has availed a relaxation that is available uniformly to all candidates belonging to a particular region.

Dismissal Of Complaint Before Cognisance Is Not Acquittal, Can Be Challenged Under Section 528 BNSS: J&K&L High Court

Case: Abdul Razzak Beigh v. Altaf Ahmad Khan

Citation: 2026 LiveLaw (JKL) 317

The High Court of Jammu & Kashmir and Ladakh clarified the distinction between pre-cognizance dismissal of a criminal complaint and dismissal after issuance of process, holding that only the latter attracts Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and results in an acquittal appealable under Section 419(4).

Fresh Habeas Corpus Plea By Father Not Maintainable After Major Woman States Choice Of Living With Partner: J&K&L High Court

Case Title: Parvaiz Ahmad Khan v. Union Territory of J&K and Others

Citation: 2026 LiveLaw (JKL) 318

The High Court of Jammu & Kashmir and Ladakh held that once a Coordinate Bench has personally interacted with a major woman, recorded her statement and accepted that she is residing with a person of her own free will, a subsequent Habeas Corpus petition cannot be invoked by her father to secure another judicial examination of the same issue in the absence of fresh material indicating coercion or illegal detention.

Undertrial's Right To Defend Himself, Family Convenience Must Be Considered In Jail Transfer Requests: J&K&L High Court

Case Title: Rohit Kumar v. Union Territory of J&K

Citation: 2026 LiveLaw (JKL) 319

The High Court of Jammu & Kashmir and Ladakh held that an application seeking transfer of an undertrial prisoner from one jail to another cannot be rejected solely because neither the accused nor his family resides in the district where the trial is pending.

Different MRPs On Identical Products Was Not Offence Before 2018 Amendment To Metrology Rules: J&K&L High Court Quashes Coca-Cola Case

Case Title: Hindustan Coca-Cola Beverages Pvt. Ltd. v. Assistant Controller, Legal Metrology, Reasi & Anr.

Citation: 2026 LiveLaw (JKL) 320

The High Court of Jammu & Kashmir and Ladakh held that a manufacturer could not be criminally prosecuted merely for declaring different Maximum Retail Prices (MRPs) on identical pre-packaged commodities when the law, at the relevant time, did not prohibit such differential pricing.

Prosecution Can't Continue If Drug Inspector's Delay Defeats Accused's Right To Re-Test Sample: J&K&L High Court

Case Title: Dr. Johns Pvt. Ltd. v. State of J&K

Citation: 2026 LiveLaw (JKL) 321

The High Court of Jammu & Kashmir and Ladakh held that where the acts and omissions of a Drugs Inspector deprive an accused of the valuable statutory right to seek re-testing of a drug sample and adduce evidence in controversion of the Government Analyst's report under Section 25(3) of the Drugs and Cosmetics Act, 1940, continuation of the prosecution would amount to an abuse of the process of law.

State Need Not Gamble Public Money On Bidder Whose Credentials Fall 'Under A Cloud': J&K&L High Court

Case Title: M/s SPBL Energy Pvt. Ltd. v. Jammu Power Development Corporation Ltd. & Anr.

Citation: 2026 LiveLaw (JKL) 322

The High Court of Jammu & Kashmir and Ladakh held that where credible material surfaces before conclusion of a public contract casting doubt on the integrity and eligibility of the successful bidder, the State is constitutionally entitled and indeed duty bound to revisit its decision rather than proceed merely because the bidder has emerged as L-1.

Time Spent Prosecuting Premature Cheque Bounce Complaint Must Be Excluded While Computing Limitation: J&K&L High Court

Case Title: Sheikh Abdul Rehman v. Ghulam Nabi Kaboo

Citation: 2026 LiveLaw (JKL) 323

The High Court of Jammu & Kashmir and Ladakh held that a complainant who bona fide prosecutes a cheque dishonour complaint which is ultimately found to be premature does not forfeit the statutory cause of action merely because years elapsed in litigation.

Magistrate Can Rely On S.202 CrPC Inquiry To Decline Process Where Complaint Gives Criminal Colour To Civil Dispute: J&K&L High Court

Case Title: Abdul Wahab Qureshi v. Mohammad Showkat & Anr.

Citation: 2026 LiveLaw (JKL) 324

The High Court of Jammu & Kashmir and Ladakh held that while deciding whether to issue process on a private complaint, a Magistrate is not confined to the averments in the complaint alone but is equally entitled to rely upon the material collected during an inquiry under Section 202 of the Code of Criminal Procedure.

Revenue Authority Must Decide Limitation Before Entertaining Appeal Against 31-Year-Old Mutation: J&K&L High Court

Case Title: Mohd. Yaqoob v. Financial Commissioner (Revenue) Jammu and Kashmir and others.

Citation: 2026 LiveLaw (JKL) 325

The High Court of Jammu & Kashmir and Ladakh held that a revenue appellate authority cannot decide the merits of an appeal instituted more than three decades after a mutation without first determining whether such a belated challenge is maintainable in law.

Opening Fire At Police Is Sufficient To Disturb Public Order, Justifies Preventive Detention: J&K&L High Court

Case Title: Arjun Kumar Through His Father Sham Lal v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 326

The Jammu & Kashmir and Ladakh High Cour held that the act of opening fire upon police personnel is, by itself, sufficient to disturb public order and justify preventive detention under the Jammu and Kashmir Public Safety Act, 1978.

Foreigners Act | Only 'Keeper' Of Premises Can Be Prosecuted For Failure To Report Foreign National's Stay: J&K&L High Court

Case Title: Inder Krishan Raina v. Union Territory of J&K through SHO Police Station, Nawabad, Jammu

Citation: 2026 LiveLaw (JKL) 327

The Jammu & Kashmir and Ladakh High Court held that criminal liability under Section 7 of the Foreigners Act, 1946 cannot be fastened merely because a person is a trustee, office bearer or member of an organisation owning or managing premises where a foreign national stayed.

J&K&L High Court Rejects ₹50 Lakh Compensation Claim, Says Closure Of NDPS Probe Shows Investigating Officer Acted Bona Fide

Case Title: Javid Ahmad Lone & Ors. v. Union Territory of J&K through SHO, Police Station Karnah, District Kupwara

Citation: 2026 LiveLaw (JKL) 328

The Jammu & Kashmir and Ladakh High Court held that the closure of a criminal investigation for want of sufficient admissible evidence is itself indicative of the bona fides of the Investigating Officer and negates allegations that the investigation was initiated with mala fide intent to harass or falsely implicate the accused.

Property Suspected To Be Proceeds Of Crime Can't Be Released To Third Party During Pendency Of Trial: J&K&L High Court

Case Title: Bashir Mohammad Choudhary v. Union Territory through Vigilance Organisation Kashmir (Now ACB) & Anr.

Citation: 2026 LiveLaw (JKL) 329

The Jammu & Kashmir and Ladakh High Court held that a third party cannot seek release of property seized during investigation merely because he is not an accused in the criminal case.

The Court observed that where the seized property has the potential of constituting the proceeds of crime and may ultimately become liable to confiscation upon proof of the offences at trial, its release during the pendency of the proceedings would be impermissible.

Appeal Abates If Deceased Appellant's Legal Heirs Are Not Substituted; Order 41 Rule 4 CPC Inapplicable: J&K&L High Court

Case Title: Gulam Ahmad Raina & Anr. v. Mst. Hameeda Akhtar & Ors.

Citation: 2026 LiveLaw (JKL) 330

The Jammu & Kashmir and Ladakh High Court held that Order 41 Rule 4 of the Code of Civil Procedure applies only at the stage of filing an appeal and cannot be relied upon to continue an appeal after the death of one of the appellants during its pendency.

Temporary Service Rendered After Regular Selection Can Be Counted For UGC Career Advancement Scheme: J&K&L High Court

Case Title: Syeda Afshana Bhat v. University of Kashmir & Ors.

Citation: 2026 LiveLaw (JKL) 331

The Jammu & Kashmir and Ladakh High Court held that temporary service rendered after undergoing a regular selection process can be counted towards benefits under the University Grants Commission (UGC) Career Advancement Scheme (CAS), even where the employee was initially engaged on a stop-gap basis.

Interest On Delayed Gratuity Payment Can't Be Mandatory Pre-Deposit For Appeal Under Payment Of Gratuity Act: J&K&L High Court

Case Title: The Jammu & Kashmir Central Cooperative Bank Ltd. v. Anil Kishore Gupta

Citation: 2026 LiveLaw (JKL) 332

The Jammu & Kashmir and Ladakh High Court held that while interest on delayed payment of gratuity may be legally recoverable, it cannot be elevated to a jurisdictional requirement for entertaining or restoring an appeal where the statute expressly mandates deposit only of the gratuity amount determined by the Controlling Authority.


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