Jammu & Kashmir And Ladakh High Court Weekly Roundup July 27 - August 2, 2026

Update: 2026-08-03 07:00 GMT
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Nominal Index:Arjun Kumar Through His Father Sham Lal v. UT of J&K & Ors 2026 LiveLaw (JKL) 326Inder Krishan Raina v. Union Territory of J&K through SHO Police Station, Nawabad, Jammu 2026 LiveLaw (JKL) 327Javid Ahmad Lone & Ors. v. Union Territory of J&K through SHO, Police Station Karnah, District Kupwara 2026 LiveLaw (JKL) 328Bashir Mohammad Choudhary v. Union...

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Nominal Index:

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:

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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