Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 16 - February 22, 2026

Sapna Devi Vs Sheetal 2026 LiveLaw (JKL) 47

Abdul Rashid Vs UT Of J&K 2026 LiveLaw (JKL) 48

Priyanka Rakwal Vs UT Of J&K 2026 LiveLaw (JKL) 49

M/s Krishna Engineering Works Industrial Estate 2026 LiveLaw (JKL) 50

Himani Sharma Vs UT Of J&K 2026 LiveLaw (JKL) 51

Shareen Gani v. UT of J&K & Anr 2026 LiveLaw (JKL) 52

Younis Ali Vs Union Of India & Ors 2026 LiveLaw (JKL) 53

Dr. Posh Charak and others Vs UT Of J&K 2026 LiveLaw (JKL) 54

M/s Ram Kour Behari Lal and Co Vs M/s Hakam Chand and Co. and others 2026 LiveLaw (JKL) 55

Deepak Bawa Sharma Vs Asif Iqbal 2026 LiveLaw (JKL) 56

Union Of India Vs M/S Tarmat Limited 2026 LiveLaw (JKL) 57

Shabnam Akhter Vs UT Of J&K 2026 LiveLaw (JKL) 58

Mehraj Ud Din Malik Vs UT Of J&K 2026 LiveLaw (JKL) 59

Sabza Begum Vs UT Of J&K 2026 LiveLaw (JKL) 60

Noor Illahi Faktoo Vs UT Of J&K 2026 LiveLaw (JKL) 61

Judgments/Orders:

Changing Rules Midway Vitiates Recruitment, Mere Participation Of Candidates Does Not Create Estoppel & Cure Illegality: J&K&L High Court

Case Title: Sapna Devi Vs Sheetal

Citation: 2026 LiveLaw (JKL) 47

Reaffirming a fundamental principle of public employment law, the High Court of Jammu & Kashmir and Ladakh held that a recruitment process stands vitiated ab initio if the selecting authority alters or expands eligibility criteria midstream or applies un-notified qualifications, and mere participation of candidates does not create estoppel nor cure such illegality. The Court ruled that any such exercise strikes at the root of equality and fairness guaranteed under Articles 14 and 16 of the Constitution.

Past Conduct Cannot Justify Continued Incarceration: J&K&L High Court Grants Bail To Alleged Ex-Hizbul Mujahideen Militant

Case Title: Abdul Rashid Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 48

In a reaffirmation of personal liberty and the constitutional guarantee of a speedy trial, the High Court of Jammu & Kashmir and Ladakh held that past conduct, for which an accused has already faced prosecution and detention, cannot by itself justify continued incarceration in the absence of credible and proximate evidence linking him to the present offence.

EWS Claim Cannot Be Rejected For Mere Format Defect If Eligibility Exists On Cut-Off Date: J&K High Court

Case Title: Priyanka Rakwal Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 49

The Jammu and Kashmir and Ladakh High Court ruled that a reservation certificate that substantively satisfies statutory eligibility conditions on the cut-off date cannot be invalidated solely due to a defect in format, especially when the defect is clarified by the issuing authority and the candidate's eligibility itself is not in dispute.

State Cannot Have 'Win-Win' Situation By Sitting Over Contractors' Dues For Years & Only Paying Principal Amount: J&K&L High Court

Case Title: M/s Krishna Engineering Works Industrial Estate

Citation: 2026 LiveLaw (JKL) 50

The Jammu and Kashmir and Ladakh High Court held that the State cannot delay payments to contractors for years and yet seek to discharge its obligation by paying only the principal amount, without any consequence.

'Transport & Infrastructure Issues Cannot Justify Absence From Duty': J&K&L High Court Declines Plea Of Terminated NHM Worker

Case Title: Himani Sharma Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 51

Underscoring discipline and accountability in public service, the High Court of Jammu & Kashmir and Ladakh held that issues relating to transport and infrastructure can never form a justified ground for not attending the duties. The Court made this observation while dismissing a writ petition filed by a contractual Mid-Level Health Provider (MLHP) challenging the termination of her services under the National Health Mission (NHM).

'Child's Continued Stay in Jail May Prejudice Personality Development': J&K&L High Court Grants Bail To Mother After 12 Years' Custody

Case Title: Shareen Gani v. UT of J&K & Anr.

Citation: 2026 LiveLaw (JKL) 52

The Jammu & Kashmir and Ladakh High Court granted bail to a woman accused in a kidnapping and murder case after she remained in custody for more than twelve years, holding that continued incarceration was unjustified in light of trial delay and the circumstance that her minor child had been living with her inside jail.

Medical Board Opinion In CAPF Recruitment Is Final, Court Cannot Sit In Appeal Except For Malafides Or Procedural Lapses: J&K&L High Court

Case Title: Younis Ali Vs Union Of India & Ors

Citation: 2026 LiveLaw (JKL) 53

Highlighting the limited scope of judicial interference in recruitment matters of the Central Armed Police Forces (CAPFs), the High Court of Jammu & Kashmir and Ladakh held that the decision of the Review Medical Board is final and cannot be subjected to further review or re-examination by courts, save in exceptional circumstances such as procedural violations or malafides.

Writ Jurisdiction Can't Be Denied On 'Disputed Facts' Plea When State Records Prove Illegality: J&K&L High Court

Case Title: Dr. Posh Charak and others Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 54

The High Court of Jammu and Kashmir and Ladakh held that when the State's own official records and admissions establish illegality, the case ceases to be a disputed factual controversy and squarely becomes a matter of constitutional enforcement.

Courts Must Be 'Adjudication-Friendly' In Restoration Pleas, Especially When Trial Is Complete: J&K&L High Court

Case Title: M/s Ram Kour Behari Lal and Co Vs M/s Hakam Chand and Co. and others

Citation: 2026 LiveLaw (JKL) 55

Holding that courts must adopt an adjudication-friendly approach when a suit pending at the stage of final arguments is dismissed for non-prosecution, the Jammu and Kashmir and Ladakh High Court ruled that applications seeking condonation of delay and restoration should ordinarily be viewed liberally unless the cause shown is a mere attempt to “honeyfuggle the court.”

Whether Cheque Was Given As Security Or Towards Debt Cannot Be Decided In Quashing Proceedings U/S 482 CrPC: J&K&L High Court

Case Title: Deepak Bawa Sharma Vs Asif Iqbal

Citation: 2026 LiveLaw (JKL) 56

Reiterating the limited scope of inherent powers under Section 482 Cr.P.C., the Jammu & Kashmir and Ladakh High Court held that the question whether a cheque was issued merely as security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated at the stage of quashing criminal proceedings.

Debarment Cannot Be Lifelong, Penalty Must Be Proportionate: J&K&L High Court Allows Contractor To Seek Fresh Registration

Case Title: Union Of India Vs M/S Tarmat Limited

Citation: 2026 LiveLaw (JKL) 57

Holding that debarment is never permanent and its duration must depend upon the gravity of the misconduct, the Jammu and Kashmir and Ladakh High Court ruled that even where a contractor is found guilty of forgery and financial impropriety, punitive action cannot be allowed to operate endlessly. The Court underscored that penalties in contractual matters must remain proportionate, reasonable, and time-bound.

J&K&L High Court Grants Bail To Woman In UAPA Case; Says Mere Custody Of Cash Without Intent Doesn't Attract Terror-Funding Offence

Case Title: Shabnam Akhter Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 58

Spotlighting the need to distinguish suspicion from culpable intent under anti-terror laws, the High Court of Jammu and Kashmir and Ladakh held that mere receipt and safe custody of money, without proof of intention or knowledge to further terrorist activities, does not prima facie attract offences under Sections 38 or 40 of the Unlawful Activities (Prevention) Act (UAPA).

Illegal Occupation Of Shamilat/Kahcharaie Land Can Never Ripen Into Legal Right: J&K&L High Court

Case Title: Mehraj Ud Din Malik Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 59

Reiterating that illegal occupation of common village land can never crystallise into a legal right, even where permanent structures have been raised, the High Court of Jammu and Kashmir and Ladakh held that the law prohibiting encroachment upon Shamilat/Kahcharaie land was firmly in existence much before the 2020 amendment to Section 133(2) of the Land Revenue Act.

“Limitation Can't Defeat Justice For Terror Victims”: J&K&L High Court Orders Fresh Compensation For Family Of 2003 Militant Attack Victim

Case Title: Sabza Begum Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 60

The High Court of Jammu & Kashmir and Ladakh held that mechanical rejection of compensation claims on technical grounds like limitation is impermissible, particularly where innocent civilians have lost their lives in terrorist violence.

“Statutory Authority Cannot Act As Rubber Stamp”: J&K&L High Court Grants Relief To Homeowner, Stays Eviction

Case Title: Noor Illahi Faktoo Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 61

The High Court of Jammu and Kashmir and Ladakh underscored that while practical assistance from subordinate officers is permissible and often necessary in large administrations, a statutory authority cannot abdicate its core decision-making function or act merely as a rubber stamp.