S. 37 NDPS Act | 'Reasonable Grounds' Not Equivalent To 'Proved' Under BSA; It Would Set At Naught Bail Power: J&K&L High Court

Interpreting the stringent bail provisions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the Jammu & Kashmir and Ladakh High Court has clarified that the expression “reasonable grounds” contained in Section 37 cannot be stretched to mean 'proved' under the Bharatiya Sakshya Adhiniyam.The Court cautioned that equating “reasonable grounds” with the standard...

Suit Proceeds De Novo Upon Return Of Plaint; Proceedings Before Court Lacking Jurisdiction Are Non-Est: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has clarified that once a plaint is returned by a court for lack of jurisdiction, the entire suit must commence de novo before the competent court, even if evidence of the parties stood concluded before the court which returned the plaint.A bench of Justice Sanjay Dhar made these observations while setting aside an order of the 2nd Additional...

“Long-Settled Service Rights”: J&K&L High Court Grants Pensionary Relief To Officers Litigating Since 1986 Over Seniority

The Jammu & Kashmir and Ladakh High Court has held that repeated attempts by the Government and Police Headquarters to reframe and revise seniority lists decades later amounted to administrative patchwork and could not be used to deny long-standing service rights of officers who had been litigating since 1986.A Division Bench comprising Justice Rajnesh Oswal and Justice Rahul Bharti...

S. 223 BNSS | Pre-Cognizance Hearing Not Mandatory For S. 138 NI Act Proceedings: J&K&L High Court

The Jammu & Kashmir High Court dismissed a petition seeking the quashing of proceedings under Section 138 of the Negotiable Instruments Act, 1881, ruling that the requirement of hearing the accused at the pre-cognisance stage under Section 223 BNSS stands dispensed with for cheque dishonour cases.The Bench further noted that the initiation of a civil suit or parallel criminal proceedings...

Employer Can't Revise Service Book Post-Retirement To Cover Up Own Lapses: J&K&L High Court Quashes Recovery From Retiree

The Jammu & Kashmir and Ladakh High Court has held that an employer cannot revise service records post-retirement to the prejudice of an employee in order to cover up its own lapses, especially when the employee was not responsible for maintaining the service book and the issue stood settled by an earlier judgment of the Court.The Court was hearing a writ petition challenging the revision...

'Penal Liability Doesn't Pass On To Legal Heirs': J&K&L High Court Quashes Suspension Of Employee Over Father's Corruption Case

The Jammu & Kashmir and Ladakh High Court has held that the suspension of a government employee solely on the basis of criminal proceedings pending against his father is impermissible in law, as penal liability cannot be inherited by legal heirs.The Court was hearing a writ petition challenging an order suspending a Class-IV employee of the Jammu and Kashmir Legislative Assembly...

Remedy Lies Before CAT: J&K&L High Court Rejects Over-Age SI Aspirants' Plea; Cites Rigours Of Administrative Tribunals Act

Delineating the limits of judicial review in recruitment matters, the Jammu and Kashmir and Ladakh High Court has dismissed two clubbed writ petitions seeking age relaxation for participation in a fresh recruitment process for the post of Sub-Inspector in the J&K Police. Justice Rahul Bharti held that the writ petitions were "fated to suffer an outright dismissal" as the petitioners...

Material Alteration By Cheque Drawer To Defeat Payment Attracts S. 138 NI Act; 'Who Altered' Is A Triable Issue: J&K&L High Court

Emphasising that a material alteration in a cheque does not, by itself, absolve the accused of criminal liability, the Jammu and Kashmir and Ladakh High Court has held that the decisive factor under the Negotiable Instruments Act is not the mere presence of an alteration, but the identity of the person who made it.A bench of Justice Sanjay Dhar ruled that where an alteration is made by the...

S. 309 CrPC | Timeline For Rape Trials Is To Ensure 'Speedy Justice' For Victim, Can't Be Leveraged For Automatic Bail: J&K&L High Court

Emphasizing victim protection over procedural shortcuts for the accused, the High Court of Jammu & Kashmir and Ladakh has held that the timeline mandated under the proviso to Section 309 of the Code of Criminal Procedure (CrPC) is designed to deliver speedy justice to victims and cannot be invoked to grant automatic bail to the accused merely due to a delay in completing the...

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

Nominal Index:Ghulam Rasool Bhat Vs UT Of J&K 2026 LiveLaw (JKL) 9Nazir Ahmad Bhat Vs Chairman/ Managing Director J&K Bank Corporate Office 2026 LiveLaw (JKL) 10State Of J&K Vs Ahsan-ul-Haq 2026 LiveLaw (JKL) 11Sarwa Zahoor Vs Deputy Director Enforcement Directorate & Anr 2026 LiveLaw (JKL) 12Mehbooba Mufti vs Union of India & Ors 2026 LiveLaw (JKL) 13M/S Ace Enterprises...

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

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.A bench of Chief Justice Arun Palli, Justice Rajnesh Oswal observed that permitting re-agitation of...

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

While reaffirming that justice must ordinarily be administered strictly in the manner prescribed by law, the Jammu and Kashmir and Ladakh High Court has underscored that in exceptional factual situations, courts cannot remain indifferent to human consequences.Observing that rigid statutory compliance may, in rare cases, require to be balanced with compassion, the Court held that justice...