Jammu & Kashmir And Ladakh High Court Weekly Round-Up : January 12 To January 18, 2026

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

Judgments/Orders:

J&K Civil Services (Special Provisions) Act | No Retrospective Regularisation On Completing Qualifying Service Period: High Court

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.

SARFAESI | Borrower's Right Of Redemption Ends On Publication Of Sale Notice, Not On Completion Of Sale: J&K&L High Court

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.

Mere Involvement In Criminal Case Cannot Be Sole Basis For Premature Retirement; Service Record Must Be Examined: J&K&L High Court

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.

Tribunal Can Remand Cases After Setting Aside Confirmation Order: J&K High Court Clarifies Scope Of Section 26(4) PMLA Act

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.

Courts Cannot Be Turned Into Platforms For Political Campaigns: J&K&L High Court Dismisses PIL On Undertrial Transfers

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.

Trial Courts Lack Jurisdiction To Act On Alleged False Affidavits Filed Before Supreme Court: J&K&L High Court

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.

Deliberately Appending Mismatched Signature To Prevent Encashment Of Cheque Attracts S.138 NI Act: J&K&L High Court

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.

Justice May Be Tempered With Mercy In Exceptional Cases: J&K&L High Court Allows Symbolic Possession In Migrant Property Eviction Dispute

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.

Once An Issue Has Attained Finality, Trial Court Cannot Reopen Or Refer It To HC For Clarification: J&K&L High Court

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.