Disabled Daughter Eligible For Family Pension Despite Omission In Declaration; Hyper-Technical Approach Cannot Deny Benefit: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a major daughter who is physically crippled and unable to earn a living is eligible for family pension under Rule 23(i) of the State Bank of India Employees Pension Fund Rules, even if her name was not specifically indicated in the declaration form submitted by the deceased employee at the time of retirement. The Court added that...

'Minor Minerals' Not Minor In Environmental Consequences; Unchecked Extraction Must Be Within Statutory Framework: J&K&L High Court

The Court held that extraction of sand, gravel, stones and boulders from riverbeds and nallahs may appear insignificant but their cumulative impact is often severe, and such activities cannot be left to unchecked private exploitation and must operate only within a strict statutory and environmental framework.The Jammu & Kashmir and Ladakh High Court has held that minor minerals are not...

Lok Adalat Awards Being Routinely Challenged Defeats Object Of Quick Resolution, Settlement Must Be Confined To Practical Terms: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has observed that it is day in and day out coming across cases where parties seek to challenge awards passed by Lok Adalats, and that this growing tendency leads to unnecessary invocation of writ jurisdiction and waste of valuable judicial time which ought to be devoted to genuine matters.The Court held that the very object of Lok Adalats is to...

J&K&L High Court Acquits Man In Rape Case, Says School Certificate Alone Cannot Conclusively Prove Prosecutrix Was Minor

The Jammu & Kashmir and Ladakh High Court has held that the mere entry regarding date of birth in a school admission register or a certificate issued on its basis does not conclusively establish the age of a person. The Court added that the correctness of such particulars depends entirely on the basis on which the entry was made, and in the absence of evidence showing the source of...

Delay In Executing Preventive Detention Order On Unsubstantiated Medical Grounds Renders Detention Unsustainable: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a preventive detention order cannot be sustained where the respondents fail to substantiate the medical grounds relied upon to justify non-execution of the detention warrant, and where there is unexplained delay in its execution.The Court observed that such lapses cast serious doubt on the subjective satisfaction of the...

Preventive Detention During Ongoing Proceedings U/S 129 BNSS Must Meet Strict Legal Standards To Be Lawful: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that though preventive detention under the Public Safety Act can be invoked even when proceedings under Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are ongoing, such detention must satisfy strict legal standards, failing which it would be rendered unlawful.The Court emphasised that the existence of parallel...

J&K&L High Court Quashes Preventive Detention Of AAP MLA Mehraj Malik, Says No Apprehension Of Him Acting Against Public Order

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention of Mehraj Din Malik, a Member of Legislative Assembly from Doda East, holding that the invocation of the Public Safety Act, 1978 (PSA) was based on allegations that at best amounted to 'law and order' issues and did not satisfy the threshold of 'public order'.The Court ruled that the detaining authority failed...

Jammu & Kashmir And Ladakh High Court Weekly Roundup April 20 - April 26, 2026

Nominal Index:M/s Sports Goods Industry v. State of J&K and Others 2026 LiveLaw (JKL) 157Pushpa Devi & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 158Manga Ram v. Union Territory of J&K 2026 LiveLaw (JKL) 159Maqsad Ali Kohli v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 160Harsh Dev Singh Vs UT of J&K & Ors 2026 LiveLaw (JKL) 161Nargees...

J&K&L HC Quashes Supplementary Chargesheet Adding POCSV Charges After 5 Yrs; Says Further Probe Can't Convert 'Attempt' Into 'Completed Act'

The Jammu & Kashmir and Ladakh High Court has quashed a supplementary chargesheet that introduced offences under the Protection of Children from Sexual Violence Ordinance, 2018 (POCSV) after a lapse of five years, holding that the power of further investigation cannot be used to fundamentally alter the nature of the prosecution case from an "attempt" to a "completed act" based solely on...

Unexplained Delay In Recording Eye-Witness Statements Renders Testimony Suspect: J&K&L High Court Acquits Three In Murder Case

The Jammu & Kashmir and Ladakh High Court has held that the conviction of co-accused cannot be sustained merely on account of their association with the principal accused, especially when the testimony of alleged eye-witnesses suffers from unexplained delay in recording, material contradictions with medical evidence, and the witnesses themselves admit that the principal witness was...

J&K&L High Court Upholds Posthumous Regularisation Of Employee Who Served 21 Years, Says Accrued Rights Cannot Be Defeated By Repeal Of Law

The Jammu & Kashmir and Ladakh High Court has held that a right accrued to a deceased employee cannot be taken away retrospectively, and the repeal of an Act or Rule cannot be applied to defeat a right that had crystallized under the repealed Act, more so when such action amounts to violation of Articles 14 and 16 of the Constitution of India.The Court was hearing a writ petition filed by...

Jammu & Kashmir And Ladakh High Court Quarterly Digest January 2026 - March 2026

Nominal Index:Saleema & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 1STATE OF J & K vs NAZIR AHMAD BHAT AND OTHERS 2026 LiveLaw (JKL) 2State of Jammu and Kashmir vs Ahsan-ul-Haq Khan 2026 LiveLaw (JKL) 3Lt. Col. Daljit Singh Dogra vs State of J&K 2026 LiveLaw (JKL) 4Bharat Oil Traders Vs Assistant Commissioner & anr 2026 LiveLaw (JKL) 5Rishi Kumar vs Chenab Valley Power Projects...