Small Recoveries In FIRs Without Final Report Can't Establish “Continuous Drug Peddling” For Preventive Detention: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where a detenue was implicated in FIRs involving alleged recovery of small quantities of heroin and both cases were still under investigation, the detaining authority could not conclude that the detenue was engaged in “continuous illegal activities of drug peddling” to justify preventive detention under the Prevention of...

Preventive Measures Causing Restraint Do Not Amount To Punishment; Objective Only To Prevent Future Acts: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that preventive measures, even if they involve some restraint or hardship upon individuals, do not partake of the nature of punishment. The Court ruled that the object of preventive detention is not to punish a man for having done something but to intercept and prevent him from doing so, and that those responsible for national security...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up May 4 - May 10, 2026

Nominal Index:Inhabitants of Block Harwan v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 186Abdul Rashid Kohli v. Union Territory of Jammu & Kashmir 2026 LiveLaw (JKL) 187Tabassum Qadir Parray & Ors. v. High Court of Jammu and Kashmir & Anr 2026 LiveLaw (JKL) 189Farooq Ahmad v. Habib Ul-Ilah Bhat & Ors 2026 LiveLaw (JKL) 190Ali Mohd. Dar v. State of J&K &...

Age No Ground For Leniency When Activities Pose Threat: J&K&L HC Upholds Detention Of 18-Yr-Old Over Alleged Involvement In Terror Attack

The Jammu & Kashmir and Ladakh High Court has dismissed a habeas corpus petition filed by an 18-year-old detenue held under the J&K Public Safety Act, 1978, holding that his age cannot be treated as a ground for leniency when his alleged activities pose a potential risk to the security of the Union Territory.The petitioner was allegedly involved in the terror attack on the famous...

Lawful Lessees Cannot Be Treated As Unauthorized Occupants Merely Because Roshni Act Was Struck Down: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has set aside a writ court order that had dismissed the petitions of two leaseholders on grounds of suppression of facts and abuse of process, directing the respondents to confer proprietary rights upon them under the Government Order of 1981.The Court held that the appellants, who were lawful lessees in continuous permissive possession under...

Disclosure Statement Of Co-Accused Alone Insufficient To Deny Bail Under UAPA: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused charged under the Unlawful Activities (Prevention) Act, 1967, holding that where the only material against the appellant is in the form of a disclosure statement made by a co-accused, the appellant has successfully crossed the hurdle of Section 43-D(5) of the Act.The Court further observed that prolonged incarceration...

J&K CSR | Employee On Deputation Can Choose Either Deputation Post Pay Or Parent Cadre Pay: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an employee appointed on deputation is entitled to elect to draw either the pay in the scale of the deputation post or the basic pay in the pay scale of the parent cadre plus personal pay, if any.The Court further held that the borrowing agency is enjoined to obtain such option from the employee within one month from the date of...

Jammu & Kashmir And Ladakh High Court Monthly Digest April 2026

Nominal Index:Rubeena Begum Vs Union Territory of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 122Babu Ram & Ors. Vs Kewal Krishan 2026 LiveLaw (JKL) 123Divisional Manager, J&K State Forest Corporation v. Satish Kumar 2026 LiveLaw (JKL) 124Fatima Bano v. State of J&K & Ors 2026 LiveLaw (JKL) 125Amit Kumar v. Union of India & Ors 2026 LiveLaw (JKL) 126Petitioner Vs...

Inherent Powers U/S 151 CPC Can Be Exercised Post-Award To Prevent Unjust Enrichment In Land Acquisition Cases: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a court can exercise its inherent powers under Section 151 of the Code of Civil Procedure even after an award has attained finality, to correct an inadvertent error resulting in excess payment and to prevent unjust enrichment.The Court further held that Section 17-B of the J&K Land Acquisition Act, which provides for recovery...

Unregistered Agreement To Sell Can Be Used For Purpose Of Assessing Nature Of Possession At Interim Stage: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an unregistered agreement to sell, though inadmissible to prove title, can be relied upon for collateral purposes, including for determining the nature and character of possession at the stage of consideration of an application for temporary injunction.The Court further held that the enquiry at the interim stage is limited to...

Selection Process Ends With Appointment; Future Vacancies Not Part Of Same Process: J&K&L High Court Dismisses Judicial Officers' Seniority Plea

The Jammu & Kashmir and Ladakh High Court has dismissed a writ petition filed by four judicial officers who sought quashing of a seniority list of Munsiffs issued in 2011 and a direction to fix their seniority on the basis of their inter se merit in the selection process conducted by the Public Service Commission. The Court held that the selection process came to a close with the...

Preliminary Verification Closure Not Equivalent To Closure Report Under CrPC: J&K&L High Court Refuses To Quash FIR

The Jammu & Kashmir and Ladakh High Court has held that the High Court cannot interfere under its inherent jurisdiction to quash an FIR merely because a preliminary verification had earlier recommended closure, when subsequent material collected during inquiry discloses the commission of a cognizable offence.The Court clarified that a preliminary verification closure measure only...