Jammu & Kashmir And Ladakh High Court Monthly Digest: September 2026

  • Jammu & Kashmir And Ladakh High Court Monthly Digest: September 2026

    Nominal Index:M/S Simran Pharmaceuticals and Others v. State of J&K and Others 2026 LiveLaw (JKL) 370Abdul Gani & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 371UT of Jammu and Kashmir v. Neeru Pandita 2026 LiveLaw (JKL) 372Advocate Abdul Basit Bhat v. District Bar Association Shopian & Ors 2026 LiveLaw (JKL) 373Satyavir Singh Arya v. U.T. of Jammu and Kashmir...

    Nominal Index:

    M/S Simran Pharmaceuticals and Others v. State of J&K and Others 2026 LiveLaw (JKL) 370

    Abdul Gani & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 371

    UT of Jammu and Kashmir v. Neeru Pandita 2026 LiveLaw (JKL) 372

    Advocate Abdul Basit Bhat v. District Bar Association Shopian & Ors 2026 LiveLaw (JKL) 373

    Satyavir Singh Arya v. U.T. of Jammu and Kashmir and Others 2026 LiveLaw (JKL) 374

    Bilal Ahmad Lone v. UT of J&K & Another 2026 LiveLaw (JKL) 375

    Sunita Devi and Others v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 376

    Muzaffar Hussain Rather v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 377

    Saadut Hussain Pampori v. UT of J&K and Others 2026 LiveLaw (JKL) 378

    Kewal Krishan v. UT of Jammu and Kashmir and Another 2026 LiveLaw (JKL) 379

    Shafat Maqbool Wani (through paternal uncle) v. UT of J&K and Others 2026 LiveLaw (JKL) 380

    Iftekhar Hussain Shah & Ors. v. Union Territory of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 381

    UT of J&K v. Mohd Yousuf Lone 2026 LiveLaw (JKL) 382

    Qulsum Akhter v. UT of J&K & Anr 2026 LiveLaw (JKL) 383

    Adil Nisar Wani and Others v. UT of J&K and Others 2026 LiveLaw (JKL) 384

    Saadut Hussain Pampori v. UT of J&K and Others 2026 LiveLaw (JKL) 385

    Irqan Ahmad Dar & Ors. vs. Union Territory of Jammu & Kashmir & Anr 2026 LiveLaw (JKL) 386

    Rakesh Kumar v. Union Territory of J&K 2026 LiveLaw (JKL) 387

    Mohammad Fazli Illahi through his father v. Union of India & Anr 2026 LiveLaw (JKL) 388

    Kavita Devi v. State of J&K and Others 2026 LiveLaw (JKL) 389

    Yang Burzhome (Aka Mohammad Ashfaq Hussain Handoo) vs. Registrar General (High Court of J&K and Ladakh) & Ors 2026 LiveLaw (JKL) 390

    Mohammad Yousuf Ahanger & Anr. v. State of J&K & Ors 2026 LiveLaw (JKL) 391

    Madhu Suri v. M/s Ch. Aishi Ram Batra & Sons 2026 LiveLaw (JKL) 392

    Wasim Ahmad Reshi v. UT of J&K & Others 2026 LiveLaw (JKL) 393

    Abdul Hamid Turey & Ors. vs. Hassan Sheikh & Ors 2026 LiveLaw (JKL) 394

    Suhail Fayaz Najar v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 395

    Minor Victim X Through Father v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 396

    Mohammad Ramzan Wani v. Union of India and Others 2026 LiveLaw (JKL) 397

    Abdul Ahad Bhat vs UT of J&k 2026 LiveLaw (JKL) 398

    District Gurdwara Parbandak Committee Jammu & Anr. v. Ranjeet Singh Tohra & Ors 2026 LiveLaw (JKL) 399

    New India Assurance Company Limited v. General Manager, NHPC and Others 2026 LiveLaw (JKL) 400

    Union Territory through Police Station Mattan v. Ghulam Nabi Mir 2026 LiveLaw (JKL) 401

    Bal Krishan Pandita v. UT of J&K and Others 2026 LiveLaw (JKL) 402

    Zahoora Akhter v. Union Territory of J&K and Another 2026 LiveLaw (JKL) 403

    Mumtaz Mehraj and Another v. UT of J&K and Others 2026 LiveLaw (JKL) 404

    Abdul Hamid and Others v. UT of Jammu and Kashmir 2026 LiveLaw (JKL) 405

    Shazia Kouser and Another v. UT of J&K and Others 2026 LiveLaw(JKL) 406

    Manzoor Ahmad Hajam v. Union Territory of Jammu & Kashmir 2026 LiveLaw (JKL) 407

    Union Territory of Jammu and Kashmir and Others v. Mushtaq Ahmad Shah 2026 LiveLaw (JKL) 408

    Firdous Ahmad Mir v. Union Territory of J and K (Home) and Others 2026 LiveLaw (JKL) 409

    Union Territory of Jammu & Kashmir v. Rayees Ahmad Shah 2026 LiveLaw (JKL) 410

    Mohd. Yousuf through his wife Farida Bi v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 411

    Dawood v. Union Territory of J&K through National Investigation Agency 2026 LiveLaw (JKL) 412

    Firdous Ahmad Dar v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 413

    Rajeev Sharma v. Union of India & Ors 2026 LiveLaw (JKL) 414

    Dr. Surbhi Sharma v. UT of J&K & Ors 2026 LiveLaw (JKL) 415

    XXXX (Minor) v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 416

    M/s Jai Sukrala Trading Co. v. Union of India & Ors 2026 LiveLaw (JKL) 417

    Zahoor Ahmad Dar Vs Myomona and Others 2026 LiveLaw (JKL) 418

    Bajaj Allianz General Insurance Company v. Aijaz Ahmad Najar & Ors 2026 LiveLaw (JKL) 419

    Maxmed Life Sciences Pvt. Ltd. & Ors. v. State of J&K through Drug Inspector 2026 LiveLaw (JKL) 420

    Directorate of Enforcement v. Md. Saleem Khan & Others 2026 LiveLaw (JKL) 421

    Vikrant Kotwal v. UT of J&K & Anr 2026 LiveLaw (JKL) 422

    Judgments/Orders:

    Drugs & Cosmetics Act | Failure To Exercise Right To Re-Test Sample Within 28 Days Renders Drug Analysis Report Conclusive: J&K&L High Court

    Case Title: M/S Simran Pharmaceuticals and Others v. State of J&K and Others

    Citation: 2026 LiveLaw (JKL) 370

    The High Court of Jammu & Kashmir and Ladakh dismissed petitions seeking quashing of criminal proceedings under the Drugs and Cosmetics Act, 1940, holding that the manufacturer and other petitioners failed to exercise their statutory right under Section 25(3) of the Act within the prescribed period of 28 days.

    J&K&L High Court Questions Delay In SC/ST Act Probe, Says 'Quality Of Evidence' Matters More Than Number Of Witnesses

    Case Title: Abdul Gani & Ors. v. Union Territory of J&K & Ors.

    Citation: 2026 LiveLaw (JKL) 371

    The High Court of Jammu & Kashmir and Ladakh observed that “it is not the number of witnesses that matters but the quality of the evidence”, while questioning the manner in which investigation into an FIR under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was being conducted.

    Right To Regularization Under J&K Civil Services Act Accrues On Fulfillment Of Conditions, Not Date Of Formal Order: High Court

    Case Title: UT of Jammu and Kashmir v. Neeru Pandita

    Citation: 2026 LiveLaw (JKL) 372

    The High Court of Jammu & Kashmir and Ladakh settled the conflicting interpretations regarding the effective date of regularization under the J&K Civil Services (Special Provisions) Act, 2010.

    The Court held that ad hoc, contractual or consolidated appointees who completed seven years of service on the appointed day are entitled to regularization from the appointed day itself, and the process under Section 10 is merely procedural, not determinative of the effective date.

    'Internal Dispute, Not Amenable To Writ Jurisdiction': J&K&L High Court Dismisses Plea Challenging Bar Association Election Rules

    Case Title: Advocate Abdul Basit Bhat v. District Bar Association Shopian & Ors.

    Citation: 2026 LiveLaw (JKL) 373

    The High Court of Jammu & Kashmir and Ladakh held that a dispute concerning the internal electoral governance of a Bar Association does not, merely because its members are advocates, acquire a public-law character, and has dismissed a plea challenging the enhancement of eligibility criteria for contesting elections to the District Bar Association, Shopian.

    'Web Of Transactions' Cannot Defeat Criminal Investigation: J&K&L High Court Refuses To Quash FIR In NH-40 Investment Case

    Case Title: Satyavir Singh Arya v. U.T. of Jammu and Kashmir and Others

    Citation: 2026 LiveLaw (JKL) 374

    The High Court of Jammu & Kashmir and Ladakh refused to quash an FIR registered under Sections 420 and 120-B of the Indian Penal Code, observing that a party cannot defeat criminal prosecution by creating a "web of transactions" and relying upon payments made by persons other than the complainant.

    J&K&L High Court Upholds Preventive Detention Of Man Accused In Alleged Lynching Of Deputy Superintendent Of Police

    Case Title: Bilal Ahmad Lone v. UT of J&K & Another

    Citation: 2026 LiveLaw (JKL) 375

    The High Court of Jammu & Kashmir and Ladakh upheld the preventive detention of an accused allegedly involved in the lynching of a Deputy Superintendent of Police-rank officer during the Shab-i-Qadr prayers at Jamia Masjid, Srinagar, in June 2017.

    Resumption Under Agrarian Reforms Act Not An Absolute Right; Bound By Severe Conditions To Protect Tillers: J&K&L High Court

    Case Title: Sunita Devi and Others v. Union Territory of J&K and Others

    Citation: 2026 LiveLaw (JKL) 376

    The High Court of Jammu & Kashmir and Ladakh set aside orders passed by the Financial Commissioner and the J&K Special Tribunal in a decades-old land dispute, observing that resumption under the Agrarian Reforms Act is not an absolute right and is bound by severe conditions to ensure that the provision is not exploited to evict tillers unfairly.

    Sub-Registrar Cannot Examine Legality Or Merits Of Document, Powers Confined U/S 34(3) Registration Act: J&K High Court

    Case Title: Muzaffar Hussain Rather v. Union Territory of J&K & Ors.

    Citation: 2026 LiveLaw (JKL) 377

    The High Court of Jammu & Kashmir and Ladakh held that the powers and domain of the Sub-Registrar are strictly governed and bounded by Section 34(3) of the Registration Act, 1908, which is confined to satisfying himself as to the execution of the document by the person purporting to execute it and his/her identity.

    High Court Quashes J&K Bank Employee's Termination Over Alleged Anti-National Activities, Says Mandatory Probe Wasn't Conducted

    Case Title: Saadut Hussain Pampori v. UT of J&K and Others

    Citation: 2026 LiveLaw (JKL) 378

    The High Court of Jammu & Kashmir and Ladakh quashed the dismissal order of a Deputy General Manager of the Jammu & Kashmir Bank, holding that termination of an employee without holding an inquiry is a drastic step which can only be taken in rare and appropriate cases.

    "Suppression Of Criminal Antecedents Amounts To Abuse Of Process": J&K&L High Court Denies Bail To Former Sarpanch In Assault Case

    Case Title: Kewal Krishan v. UT of Jammu and Kashmir and Another

    Citation: 2026 LiveLaw (JKL) 379

    The High Court of Jammu & Kashmir and Ladakh dismissed the bail application of a former Sarpanch accused in a serious assault case, holding that the applicant had suppressed his criminal antecedents and failed to make a full and candid disclosure of material facts. The Court observed that the gravity of the allegations, the stage of investigation, and the applicant's criminal history weighed against the grant of bail.

    Mere Possession Of Allegedly Anti-National Books Does Not Make One A Criminal: J&K&L High Court Quashes Detention Of Scholar

    Case Title: Shafat Maqbool Wani (through paternal uncle) v. UT of J&K and Others

    Citation: 2026 LiveLaw (JKL) 380

    The High Court of Jammu & Kashmir and Ladakh quashed the preventive detention of an academic scholar who was detained under the Public Safety Act, holding that mere possession of books with dispiriting titles does not make a person a criminal requiring preventive detention.

    J&K&L High Court Quashes Re-Tendering Of 39 Works After Financial Bids Were Opened, Says Authority Cannot Act Arbitrarily

    Case Title: Iftekhar Hussain Shah & Ors. v. Union Territory of Jammu & Kashmir & Ors.

    Citation: 2026 LiveLaw (JKL) 381

    The High Court of Jammu & Kashmir and Ladakh quashed the cancellation and subsequent re-tendering of 39 public works after their financial bids had already been opened, holding that although an L-1 bidder does not acquire a vested right to the contract, the authority's power to cancel a tender must be exercised fairly, rationally and in accordance with Article 14 of the Constitution.

    Sloganeering For Secession Alongside Separatist Leader Can Attract UAPA: J&K&L High Court Sets Aside Discharge Order

    Case Title: UT of J&K v. Mohd Yousuf Lone

    Citation: 2026 LiveLaw (JKL) 382

    The High Court of Jammu & Kashmir and Ladakh set aside the discharge order of an accused in a UAPA case, observing that the trial court had failed to apply the correct legal parameters at the stage of framing of charge.

    The Court held that the material on record, including allegations of leading a mob with the head of a proscribed separatist organisation, raising anti-national slogans, and inciting violence against security forces, disclosed a strong suspicion sufficient to put the accused on trial.

    Investigating Agency's Jurisdiction Determined By Offences Disclosed In FIR, Not Those Ultimately Established: J&K&L High Court

    Case Title: Qulsum Akhter v. UT of J&K & Anr.

    Citation: 2026 LiveLaw (JKL) 383

    The Jammu & Kashmir and Ladakh High Court held that the jurisdiction of an investigating agency is not dependent upon the nature of the offences that may ultimately be established after investigation but depends upon the offences disclosed in the FIR at the time of its registration. If the offences initially disclosed fall within the agency's jurisdiction, it can proceed with the investigation even if additional offences are subsequently found, the court added.

    J&K Bank Falls Within Definition of 'Industry'; Employees Are 'Workmen' Under Industrial Disputes Act: High Court

    Case Title: Adil Nisar Wani and Others v. UT of J&K and Others

    Citation: 2026 LiveLaw (JKL) 384

    The High Court of Jammu & Kashmir and Ladakh held that the Jammu and Kashmir Bank falls within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947, and its employees working in non-managerial or non-supervisory capacity qualify as "workmen" under Section 2(s) of the Act.

    J&K Bank MD Cannot Dismiss Employee Without Inquiry By Equating His Powers With Governor Under Article 311(2)(c): High Court

    Case Title: Saadut Hussain Pampori v. UT of J&K and Others

    Citation: 2026 LiveLaw (JKL) 385

    The High Court of Jammu & Kashmir and Ladakh held that the power vested with the Managing Director and CEO of the Jammu & Kashmir Bank under Clause 12.29 of the Officers Service Manual to dismiss an employee without holding an inquiry is not akin to the constitutional power vested with the President or Governor under Article 311(2)(c) of the Constitution of India.

    J&K&L High Court Denies Bail To Four Accused In Gang Rape Of 15-Year-Old Girl, Cites Unrebutted POCSO Act Presumption

    Case Title: Irqan Ahmad Dar & Ors. vs. Union Territory of Jammu & Kashmir & Anr.

    Citation: 2026 LiveLaw (JKL) 386

    The Jammu & Kashmir and Ladakh High Court dismissed the bail plea of four accused facing trial for the alleged gang rape of a 15-year-old girl, holding that the seriousness of the offences, the statutory presumption under the POCSO Act and the severity of the prescribed punishment weighed against their release on bail.

    Probate No Longer Mandatory To Claim Rights Under Will After Omission Of S.213 Indian Succession Act: J&K&L High Court

    Case Title: Rakesh Kumar v. Union Territory of J&K

    Citation: 2026 LiveLaw (JKL) 387

    The Jammu & Kashmir and Ladakh High Court held that after Section 213 of the Indian Succession Act, 1925, was omitted by Act No. 39 of 2025, obtaining probate is no longer mandatory before claiming rights under a Will.

    The High Court consequently set aside the rejection of a request for attestation of mutation of inheritance and directed the Tehsildar concerned to reconsider it in accordance with law.

    Passport Authority Cannot Deny Date Of Birth Correction To Minor, Ignoring Corrected Records: J&K&L High Court

    Case Title: Mohammad Fazli Illahi through his father v. Union of India & Anr.

    Citation: 2026 LiveLaw (JKL) 388

    The Jammu & Kashmir and Ladakh High Court held that a passport authority cannot refuse to consider correction of a minor's date of birth merely because the earlier passport carried an incorrect date for several years, particularly when the error was subsequently corrected in the school records and the earlier birth certificate was cancelled by the competent authority.

    Irregularity In Selection List Can't Confer Fresh Appointment To Unselected Candidate Under Closed Scheme: J&K&L High Court

    Case Title: Kavita Devi v. State of J&K and Others

    Citation: 2026 LiveLaw (JKL) 389

    The Jammu & Kashmir and Ladakh High Court dismissed a woman's petition alleging that the education authorities illegally appointed a lower-ranked candidate as a Rehbar-e-Taleem Teacher after accepting his belated application, holding that any irregularity in his selection would not, by itself, confer upon her a right to appointment under the closed Scheme.

    J&K&L High Court Declines PIL Seeking AI-Powered Advocate Profiles, Case Health Cards, Delay Monitoring System

    Case Title: Yang Burzhome (Aka Mohammad Ashfaq Hussain Handoo) vs. Registrar General (High Court of J&K and Ladakh) & Ors.

    Citation: 2026 LiveLaw (JKL) 390

    The Jammu & Kashmir and Ladakh High Court declined to entertain a Public Interest Litigation seeking wide-ranging technology-driven reforms in the justice delivery system, including AI-powered advocate profiles, case-health assessments, legal research tools, delay-monitoring systems and multilingual legal assistants.

    'Employees Cannot Be Expected To Obtain Vigilance Clearance Or Maintain Annual Performance Reports': J&K&L High Court

    Case Title: Mohammad Yousuf Ahanger & Anr. v. State of J&K & Ors.

    Citation: 2026 LiveLaw (JKL) 391

    Underscoring the duty and obligation of the employer to obtain vigilance clearance and to maintain APRs in respect of its employees, the Jammu and Kashmir and Ladakh High Court held that an employee cannot be expected to obtain his vigilance clearance and to maintain his APRs as these are matters entirely within the domain of the employer.

    Tenant Admitting Receipt Of Eviction Notice Does Not Amount to Admission That Tenancy Was Validly Terminated: J&K&L High Court

    Case Title: Madhu Suri v. M/s Ch. Aishi Ram Batra & Sons

    Citation: 2026 LiveLaw (JKL) 392

    The Jammu & Kashmir and Ladakh High Court held that a tenant's acknowledgement of receiving a notice under Section 106 of the Transfer of Property Act, 1882, does not, by itself, amount to an admission that the tenancy was validly and lawfully terminated for granting a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908.

    Being An Advocate Does Not Place One Above Law, No Immunity From Lawful Police Inquiry: J&K&L High Court

    Case Title: Wasim Ahmad Reshi v. UT of J&K & Others

    Citation: 2026 LiveLaw (JKL) 393

    The Jammu & Kashmir and Ladakh High Court held that merely because a person is an advocate, he cannot claim immunity from lawful inquiries by the police, observing that, as an officer of the Court and a person well versed with the law, an advocate is expected to render lawful assistance to an investigating agency when required for bringing the truth to light.

    Suit For Prohibitory Injunction Can Be Filed Without Seeking Declaration Of Title If Plaintiff Proves Possession: J&K&L High Court

    Case Title: Abdul Hamid Turey & Ors. vs. Hassan Sheikh & Ors.

    Citation: 2026 LiveLaw (JKL) 394

    The Jammu & Kashmir and Ladakh High Court held that a suit for prohibitory injunction simpliciter is maintainable without a declaration of title where the plaintiff establishes possession over the property. The Court clarified that title need not be adjudicated in such a suit unless possession itself can be inferred only from title.

    Mere Reference To Amarnath Yatra Cannot Justify Preventive Detention Based On Stale Material: J&K&L High Court

    Case Title: Suhail Fayaz Najar v. Union Territory of J&K and Others

    Citation: 2026 LiveLaw (JKL) 395

    The High Court of Jammu & Kashmir and Ladakh quashed a detention order passed under the Jammu and Kashmir Public Safety Act, 1978, holding that the detaining authority had relied upon stale material without establishing a live and proximate link between the detenu's past conduct and the imperative necessity of preventive detention.

    J&K&L High Court Allows Minor Rape Survivor To Terminate 26-Week Pregnancy, Says Constitutional Remedy Not Barred Even If Statutory Time Limit Exceeded

    Case Title: Minor Victim X Through Father v. Union Territory of J&K and Others

    Citation: 2026 LiveLaw (JKL) 396

    The High Court of Jammu & Kashmir and Ladakh allowed a minor rape survivor to undergo medical termination of her pregnancy notwithstanding that the gestational age had crossed the statutory limit of twenty-four weeks prescribed under the Medical Termination of Pregnancy Act, 1971.

    J&K&L High Court Directs Passport Authority To Decide 78-Year-Old Man Application Despite Police Report Citing 1988 FIR

    Case Title: Mohammad Ramzan Wani v. Union of India and Others

    Citation: 2026 LiveLaw (JKL) 397

    The High Court of Jammu & Kashmir and Ladakh directed the passport authorities to decide the application of a 78-year-old man for issuance of a passport, notwithstanding the police verification report recording his involvement in a 38-year-old FIR registered in 1988.

    Business Interest Must Yield To Public Interest In Eco-Sensitive Areas: J&K&L High Court Upholds Restriction On Amusement Facilities At Park

    Case Title: Abdul Ahad Bhat vs UT of J&k

    Citation: 2026 LiveLaw (JKL) 398

    The High Court of Jammu & Kashmir and Ladakh directed the Wular Manasbal Development Authority to specify a suitable location for installation and operation of amusement facilities at Main Manasbal Park, holding that business interests must make way for public interest where the preservation of ecological balance in an eco-sensitive area is concerned.

    J&K&L High Court Flags Infighting In Jammu Gurdwara Prabandhak Committee, Seeks Details Of District Gurdwaras

    Case Title: District Gurdwara Parbandak Committee Jammu & Anr. v. Ranjeet Singh Tohra & Ors.

    Citation: 2026 LiveLaw (JKL) 399

    The Jammu & Kashmir and Ladakh High Court sought management and audit details concerning every Gurdwara in Jammu district while examining a dispute among elected office-bearers of the District Gurdwara Prabhandhak Committee, Jammu, after expressing serious concern that the factions were pursuing personal politics at the expense of the statutory body and the Sikh Sangat.

    Insurer Not Liable For Interest, Penalty Under Employees' Compensation Act Unless Policy Specifically Covers It:J&K&L High Court

    Case Title: New India Assurance Company Limited v. General Manager, NHPC and Others

    Citation: 2026 LiveLaw (JKL) 400

    The High Court of Jammu & Kashmir and Ladakh held that an Insurance Company cannot be held liable to indemnify the insured employer in respect of interest or penalty imposed under Section 4-A of the Employees' Compensation Act, 1923, particularly when the terms of the insurance policy expressly exclude liability for any interest and/or penalty imposed upon the insured on account of failure to comply with the requirements of the Act.

    Section 37 NDPS Act Rigours Not Applicable To Limited Cultivation Of Opium Poppy: J&K&L High Court

    Case Title: Union Territory through Police Station Mattan v. Ghulam Nabi Mir

    Citation: 2026 LiveLaw (JKL) 401

    The High Court of Jammu & Kashmir and Ladakh dismissed a petition filed by the Union Territory challenging the bail granted to an accused allegedly involved in cultivation of opium poppy, observing that the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not applicable to the case.

    Govt Empowered To Appoint Revenue Officers As Competent Authorities Under Migrant Property Act: J&K&L High Court

    Case Title: Bal Krishan Pandita v. UT of J&K and Others

    Citation: 2026 LiveLaw (JKL) 402

    The High Court of Jammu & Kashmir and Ladakh upheld the validity of Notification No. S.O. 144 of 2022 issued by the Government of J&K under clause (b) of Section 2 of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, whereby certain Revenue Authorities were nominated as Competent Authorities to issue orders and notices for eviction in respect of migrant immovable property.

    Trial Court Can Consider Cancellation Of Bail Granted By High Court On Ground Of Witness Tampering: J&K&L High Court

    Case Title: Zahoora Akhter v. Union Territory of J&K and Another

    Citation: 2026 LiveLaw (JKL) 403

    The High Court of Jammu & Kashmir and Ladakh held that a Trial Court is not precluded from considering an application for cancellation of bail merely because the bail was granted by the High Court.

    Status Quo Violation Must Be Dealt Under Order 39 Rule 2(A) CPC, Not Section 164 BNSS: J&K High Court

    Case Title: Mumtaz Mehraj and Another v. UT of J&K and Others

    Citation: 2026 LiveLaw (JKL) 404

    The High Court of Jammu & Kashmir and Ladakh held that a violation of a Civil Court's status quo order must be dealt with under Order 39 Rule 2(A) of the Code of Civil Procedure, 1908, and not by resorting to proceedings under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

    Erroneous Exercise Of Power By Revenue Officials Cannot Be Converted Into Criminal Case Without Evidence Of Corrupt Intent: J&K&L High Court

    Case Title: Abdul Hamid and Others v. UT of Jammu and Kashmir

    Citation: 2026 LiveLaw (JKL) 405

    The High Court of Jammu & Kashmir and Ladakh quashed a criminal prosecution initiated by the Anti-Corruption Bureau against Revenue Officers and the beneficiaries of certain mutations, holding that the mere circumstance that an order passed by a statutory authority may subsequently be considered erroneous or legally unsustainable would not, by itself, constitute criminal misconduct.

    J&K&L High Court Stays FIR Against Woman Booked For Terminating Pregnancy Without Husband's Consent

    Case Title: Shazia Kouser and Another v. UT of J&K and Others

    Citation: 2026 LiveLaw(JKL) 406

    The High Court of Jammu & Kashmir and Ladakh stayed the investigation into an FIR registered against a woman and her sister for allegedly terminating a 4–5 month pregnancy without the husband's consent, observing that the police ought to have exercised circumspection and restraint in the matter and that the allegations did not inspire confidence.

    NDPS Accused Cannot Manufacture Medical Ground For Bail By Delaying Treatment, Refusing Consent: J&K&L High Court

    Case Title: Manzoor Ahmad Hajam v. Union Territory of Jammu & Kashmir

    Citation: 2026 LiveLaw (JKL) 407

    The High Court of Jammu & Kashmir and Ladakh dismissed a bail application filed on medical grounds by an accused in a commercial quantity NDPS case, holding that the statutory conditions under Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 must take precedence over the plea of prolonged incarceration, likely delay in trial, or the medical condition of the accused.

    'Special Police Officers' Not Covered Under Article 311 But Entitled To Minimum Safeguards Before Disengagement: J&K&L High Court

    Case Title: Union Territory of Jammu and Kashmir and Others v. Mushtaq Ahmad Shah

    Citation: 2026 LiveLaw (JKL) 408

    The High Court of Jammu & Kashmir and Ladakh held that Special Police Officers (SPOs) engaged under Section 18 of the Jammu and Kashmir Police Act, 1983, are not entitled to the full procedural safeguards available to regular police officers under Article 311 of the Constitution, but are entitled to a minimum safeguard of notice and an opportunity of reply before any stigmatic order of disengagement is passed.

    Repeated Post-Release Involvement In Narcotic Offences Justifies Preventive Detention When Ordinary Law Proves Inadequate: J&K&L High Court

    Case Title: Firdous Ahmad Mir v. Union Territory of J and K (Home) and Others

    Citation: 2026 LiveLaw (JKL) 409

    The High Court of Jammu & Kashmir and Ladakh upheld the preventive detention of a man under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, holding that repeated post-release involvement in narcotic offences justifies preventive detention when the ordinary law of the land proves inadequate.

    Bail During Investigation In POCSO Case Where Child Was Assaulted By Uncle Is "Too Premature": J&K&L High Court Cancels Bail

    Case Title: Union Territory of Jammu & Kashmir v. Rayees Ahmad Shah

    Citation: 2026 LiveLaw (JKL) 410

    The High Court of Jammu & Kashmir and Ladakh cancelled bail granted to an accused in a POCSO case, holding that the grant of bail during the investigation was "too premature" where the victim, a minor girl, was allegedly subjected to sexual violence in the house of her close relative by her own maternal uncle.

    Personal-Enmity Assaults Are “Law And Order” Issue, Not Grounds For Preventive Detention: J&K&L High Court

    Case Title: Mohd. Yousuf through his wife Farida Bi v. Union Territory of J&K & Ors.

    Citation: 2026 LiveLaw (JKL) 411

    The Jammu & Kashmir and Ladakh High Court quashed a preventive detention order passed against a Poonch resident, holding that incidents arising out of personal enmity and directed against private individuals constitute a “law and order” issue and cannot, by themselves, furnish grounds for preventive detention.

    Mere Membership Of Terrorist Gang Not Enough To Invoke S.20 UAPA; Prosecution Must Prove Terrorist Act: J&K&l High Court

    Case Title: Dawood v. Union Territory of J&K through National Investigation Agency

    Citation: 2026 LiveLaw (JKL) 412

    The Jammu & Kashmir and Ladakh High Court held that mere membership of a terrorist gang or organisation is not sufficient to attract Section 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), observing that the prosecution must place material showing the accused's involvement in or indulgence in a “terrorist act” as contemplated under Section 15 of the Act.

    'Preventive Detention Cannot Become Dead Letter Due To Admin Inaction': J&K&L High Court Quashes PSA Order Over Inordinate Delay

    Case Title: Firdous Ahmad Dar v. Union Territory of J&K and Others

    Citation: 2026 LiveLaw (JKL) 413

    The High Court of Jammu & Kashmir and Ladakh quashed a detention order passed under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, holding that the respondents had failed to explain the inordinate delay in executing the order and had not placed on record any material to substantiate their plea that the petitioner was evading execution.

    J&K&L High Court Quashes Olympic Association Election, Calls Process “Sham" & Orders Fresh Polls

    Case Title: Rajeev Sharma v. Union of India & Ors.

    Citation: 2026 LiveLaw (JKL) 414

    The High Court of Jammu & Kashmir and Ladakh declared the 2024 election of the Jammu & Kashmir Olympic Association (JKOA) null and void, holding that the election process was conducted in violation of the National Sports Development Code and directing a complete overhaul of the Association's constitution before fresh elections are held.

    Female Senior Residents/Tutors Entitled To Full Pay During Maternity Leave: J&K&L High Court

    Case Title: Dr. Surbhi Sharma v. UT of J&K & Ors.

    Citation: 2026 LiveLaw (JKL) 415

    The Jammu & Kashmir and Ladakh High Court held that a female Senior Resident/Tutor is entitled to full pay and allowances during the period of maternity leave, as well as during the corresponding extension of residency necessitated by such leave.

    J&K&L High Court Allows Termination Of 24-Week Pregnancy Of Minor Rape Survivor, Says Statute Cannot Override Constitutional Protection

    Case Title: XXXX (Minor) v. Union Territory of J&K & Ors.

    Citation: 2026 LiveLaw (JKL) 416

    The Jammu & Kashmir and Ladakh High Court held that the mere fact that a pregnancy has crossed the 24-week statutory limit cannot, in the peculiar circumstances of a case, result in denial of constitutional protection to a minor who became pregnant following sexual assault.

    Order Modifying Interim Relief In Pending Writ Is Not A "Judgment" Under Clause 12 Letters Patent: J&K&L High Court

    Case Title: M/s Jai Sukrala Trading Co. v. Union of India & Ors.

    Citation: 2026 LiveLaw (JKL) 417

    The Jammu & Kashmir and Ladakh High Court held that an order modifying an interim direction in a pending writ petition, while keeping the substantive issues open for adjudication, does not constitute a “judgment” within the meaning of Clause 12 of the Letters Patent and is therefore not amenable to an intra-court appeal.

    Continuous Cause Of Action Permits Amendment Of Plaint Without Fresh Suit: J&K&L High Court Allows Mesne Profits Claim In Ejectment Suit

    Case Title: Zahoor Ahmad Dar Vs Myomona and Others

    Citation: 2026 LiveLaw (JKL) 418

    The High Court of Jammu & Kashmir and Ladakh dismissed a petition filed under Article 227 of the Constitution challenging an order allowing amendment of a plaint in an ejectment suit, holding that the Trial Court was justified in allowing the application under Order VI Rule 17 of the Code of Civil Procedure, 1908, as the trial had not commenced and the proposed amendment arose out of the same transaction and subject matter which already formed the basis of the suit.

    'Perfect Compensation Is Hardly Possible': J&K&L High Court Says MACT Must Restore Accident Victim To Pre-Accident Position In Fair Manner

    Case Title: Bajaj Allianz General Insurance Company v. Aijaz Ahmad Najar & Ors.

    Citation: 2026 LiveLaw (JKL) 419

    The Jammu & Kashmir and Ladakh High Court observed that while “perfect compensation is hardly possible”, Motor Accident Claims Tribunals must bear in mind that an accident victim has committed no wrong and should, as far as money can reasonably achieve it, be restored to the position he occupied before the accident.

    When Can “May” Be Read As “Shall”? J&K&L High Court Applies Purposive Interpretation To Uphold Statutory Right Under Drugs & Cosmetics Act

    Case Title: Maxmed Life Sciences Pvt. Ltd. & Ors. v. State of J&K through Drug Inspector

    Citation: 2026 LiveLaw (JKL) 420

    The Jammu & Kashmir and Ladakh High Court held that the word “may” occurring in Section 25(4) of the Drugs and Cosmetics Act, 1940 cannot be construed as conferring an unfettered discretion on the Court where such interpretation would defeat the statutory right of a person to challenge a Government Analyst's report.

    Section 216 CrPC Cannot Be Used To Add Charges Without Prima Facie Material: J&K High Court Rejects ED Plea In Farooq Abdullah-JKCA Case

    Case Title: Directorate of Enforcement v. Md. Saleem Khan & Others

    Citation: 2026 LiveLaw (JKL) 421

    The Jammu & Kashmir and Ladakh High Court held that while a party may bring to the notice of a criminal court an alleged omission in the charges, the power to alter or add charges under Section 216 CrPC ultimately rests with the Court and can be exercised only where the material on record prima facie discloses the ingredients of the proposed offence.

    Prolonged Relationship With Man After Knowing He Was Already Married Creates Doubt Over 'False Promise Of Marriage' Claim: J&K&L High Court

    Case Title: Vikrant Kotwal v. UT of J&K & Anr.

    Citation: 2026 LiveLaw (JKL) 422

    The Jammu & Kashmir and Ladakh High Court held that where an adult woman continues a prolonged physical relationship with a man even after becoming aware of his existing marriage, such subsequent conduct may, at the stage of considering anticipatory bail, give rise to an inference that the relationship was consensual rather than based upon a misconception of fact arising from a promise of marriage.


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