NIA Act | Special Court Must Transfer Case To Regular Criminal Court If No Scheduled Offence Is Found After Cognisance: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that where even after taking cognizance of offences, a Special Court finds that no scheduled offence is made out against the accused, the case must be transferred to the normal criminal court in terms of Section 20 of the National Investigation Agency Act, 2008.The Court clarified that the Special Court has no option but to exercise its...

General Land Register Entries Not Conclusive Proof Of Title, Cannot Override Revenue Records Or Natural Justice: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that entries in the General Land Register (GLR) do not carry probative value where such records are prepared without affording an opportunity of hearing to affected persons, and cannot be treated as conclusive proof of title over land.The Court was hearing a writ petition challenging an eviction order issued under the Public...

J&K&L High Court Flags Persistent Non-Filing Of Replies By Government; Seeks Presence Of Law Secretary

The High Court of Jammu & Kashmir and Ladakh has flagged the continued failure of Government authorities to file replies and assist the Court effectively, observing that despite repeated directions, no concrete mechanism has been put in place to address the issue, thereby hampering the justice delivery system.The Court was hearing a writ petition wherein, despite multiple opportunities,...

J&K&L High Court Grants Bail To Former MLA, Councillor In Ladakh Protest FIR After Seven Months' Custody

The High Court of Jammu & Kashmir and Ladakh has granted bail to a former MLA and an LAHDC councillor accused in connection with the Ladakh protest incident, holding that continued incarceration was not warranted in the facts of the case.The Court was hearing successive bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in FIR No....

Interim Compensation U/S 143A NI Act Discretionary; Cannot Be Granted Mechanically: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the power to grant interim compensation under Section 143A of the Negotiable Instruments Act, 1881, is discretionary in nature and cannot be exercised in a routine or mechanical manner without recording reasons and undertaking a prima facie evaluation of the case.The Court was hearing a petition challenging an order passed by...

CPC Applies To Election Petitions Only Subject To RP Act; 'Proper Parties' Cannot Be Added Beyond Statute: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the procedure prescribed under the Code of Civil Procedure is applicable to the trial of election petitions only, subject to the provisions of the Representation of the People Act, 1951. The Court clarified that anything contained in the CPC which is contrary to the provisions of the Act of 1951 cannot be made applicable to the trial...

Preventive Detention Based On Speculative Apprehension Of Election Disturbance Unsustainable: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a detention order founded on speculative apprehension of disturbance to Parliamentary elections, without any proximate or concrete material, fails to satisfy the requirement of a live nexus and is liable to be quashed.The Court was hearing a habeas corpus petition challenging a detention order passed under Section 8 of the Jammu...

Investigating Officer Not Bound By FIR; May Alter Offences In Final Chargesheet U/S 173 CrPC Based On Evidence: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Investigating Officer has wide powers during investigation to collect evidence and include or alter the applicable Sections of law in the final charge-sheet, and that the Sections mentioned in the FIR are not final.The Court was hearing a petition under Section 482 CrPC seeking quashment of an order whereby charges under...

State Cannot Claim Adverse Possession Over Land Used For Vaishno Devi Pilgrim Facilities, Must Acquire Or Return It: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the State cannot be permitted to perfect its title over private land by invoking the doctrine of adverse possession against its own citizens and must either acquire such land in accordance with law or return it.The Court was hearing a writ petition filed by landowners seeking relief against the continued occupation of their...

'State Acted As Predator': J&K&L High Court Orders Industrial Sheds For Kashmiri Pandit Migrant Without Premium Or Arrears

The High Court of Jammu & Kashmir and Ladakh has directed the allotment of two industrial sheds in favour of a Kashmiri Pandit migrant without charging any premium or arrears, holding that the action of the State in cancelling and re-allotting his industrial unit during migration was unjustified.The Court was hearing a writ petition filed by a Kashmiri Pandit proprietor of an industrial...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 13 - April 19, 2026

Nominal Index:Abdul Aziz Bhat & Ors. v. UT of J&K & Ors 2026 LiveLaw (JKL) 151Jasmeet Singh & Anr. v. Shafi Ahmed 2026 LiveLaw (JKL) 152Afroz Ahmed Sheikh v. Narcotics Control Bureau Jammu Zone 2026 LiveLaw (JKL) 153UT of J&K & Ors. v. Raghu Singh Jandla 2026 LiveLaw (JKL) 154Mela Ram & Ors. Vs State of J&K & Anr. Arti Devi Vs State of J&K & Anr...

Executing Court Cannot Issue Levy Warrants While S.47 CPC Challenge To Decree Remains Pending: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an Executing Court cannot proceed with coercive steps such as issuing levy warrants while an application under Section 47 of the Code of Civil Procedure, 1908, challenging the executability of a decree, remains pending.The Court clarified that the Executing Court is under a mandatory duty to first adjudicate such objections,...