Jammu & Kashmir And Ladakh High Court Weekly Round-Up : January 19-January 25, 2026

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

Judgments/Orders:

S. 309 CrPC | Timeline For Rape Trials Is To Ensure 'Speedy Justice' For Victim, Can't Be Leveraged For Automatic Bail: J&K&L High Court

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.

Material Alteration By Cheque Drawer To Defeat Payment Attracts S. 138 NI Act; 'Who Altered' Is A Triable Issue: J&K&L High Court

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.

Remedy Lies Before CAT: J&K&L High Court Rejects Over-Age SI Aspirants' Plea; Cites Rigours Of Administrative Tribunals Act

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.

'Penal Liability Doesn't Pass On To Legal Heirs': J&K&L High Court Quashes Suspension Of Employee Over Father's Corruption Case

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.

Employer Can't Revise Service Book Post-Retirement To Cover Up Own Lapses: J&K&L High Court Quashes Recovery From Retiree

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.

Suit Proceeds De Novo Upon Return Of Plaint; Proceedings Before Court Lacking Jurisdiction Are Non-Est: J&K&L High Court

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.

S. 37 NDPS Act | 'Reasonable Grounds' Not Equivalent To 'Proved' Under BSA; It Would Set At Naught Bail Power: J&K&L High Court

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.

S. 138 J&K Transfer Of Property Act | Transferee Cannot Take Possession Or Seek Mutation Without Registered Instrument: High Court

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.

Concealed Exclusion Clauses Can't Be Used To Deny Claim In Comprehensive Insurance Policies Covering Special Perils: J&K&L High Court

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'.

Drugs & Cosmetics Act | JMFC Can Try Offences Punishable Up To 3 Years; S. 32 Bar Not Absolute: J&K&L High Court

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.