Jammu & Kashmir And Ladakh High Court Quarterly Digest: July - September 2026
LIVELAW NEWS NETWORK
25 Oct 2026 10:30 AM IST
Nominal Index:
Madhu Bakshi & Ors. v. Anti-Corruption Bureau & Anr. (Connected Matters) 2026 LiveLaw (JKL) 287
Anwar Jan (Choudhhary) v. UT of J&K & Ors.L 2026 LiveLaw (JKL) 288
Junaid Javid v. Union of India & Anr 2026 LiveLaw (JKL) 289
Mohammad Ishaq Najar & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 290
Anjum Rafiq v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 291
Fayaz Ahmad Lone v. UT of J&K & Ors 2026 LiveLaw (JKL) 292
Vishnu Kant Sharma & Ors. v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 293
Mohammad Yaseen Khan v. State of Jammu & Kashmir (now UT) & Ors 2026 LiveLaw (JKL) 294
Ruksana Bano & Anr. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 295
Adan Bashir Bangroo and Another v. Union Territory of J&K 2026 LiveLaw (JKL) 296
Mudasir Ahmad Mir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 297
Gazetted Aspirants, Residents of Ladakh v. Union Territory of Ladakh 2026 LiveLaw (JKL) 298
Abdul Gani Ganie and Another v. Abdul Gani Bhat 2026 LiveLaw (JKL) 299
Gulla Ganaie @ Gulzar Ahmad Ganaie v. Ghulam Qadir Sheikh 2026 LiveLaw (JKL) 300
Amir Ahmad Wani v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 301
Aijaz Ahmad Bhat v. Nisar Ahmad Malik 2026 LiveLaw (JKL) 302
Dr. Sonakshi Gupta & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 303
Vineet Jain v. Aman Zargar 2026 LiveLaw (JKL) 304
Ali Haider Shah v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 305
Yavnika alias Anshu v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 306
Adnan Rasool Ganie v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 307
Zahid Ahmad Mir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 308
Ravi Kumar v. Union of India & Ors. 2026 LiveLaw (JKL) 309
Muskan @ Shagufta Kousar v. Ashu Raja 2026 LiveLaw (JKL) 310
Rama Rani v. Chaman Lal 2026 LiveLaw (JKL) 311
Mohammad Shafi Reshi v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 312
Adil Ahmad Sofi v. Javid Ahmad Sofi 2026 LiveLaw (JKL) 313
Union Territory of J&K & Anr. v. Firdous Ahmad Itoo & Anr 2026 LiveLaw (JKL) 314
Dheeraj Pargal v. Union Territory of J&K & Anr. connected with Amit Mahajan & Anr. v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 315
Amit Kundal & Ors. v. Union of India & Ors 2026 LiveLaw (JKL) 316
Abdul Razzak Beigh v. Altaf Ahmad Khan 2026 LiveLaw (JKL) 317
Parvaiz Ahmad Khan v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 318
Rohit Kumar v. Union Territory of J&K 2026 LiveLaw (JKL) 319
Hindustan Coca-Cola Beverages Pvt. Ltd. v. Assistant Controller, Legal Metrology, Reasi & Anr 2026 LiveLaw (JKL) 320
Dr. Johns Pvt. Ltd. v. State of J&K 2026 LiveLaw (JKL) 321
M/s SPBL Energy Pvt. Ltd. v. Jammu Power Development Corporation Ltd. & Anr 2026 LiveLaw (JKL) 322
Sheikh Abdul Rehman v. Ghulam Nabi Kaboo 2026 LiveLaw (JKL) 323
Abdul Wahab Qureshi v. Mohammad Showkat & Anr 2026 LiveLaw (JKL) 324
Mohd. Yaqoob v. Financial Commissioner (Revenue) Jammu and Kashmir and others 2026 LiveLaw (JKL) 325
Arjun Kumar Through His Father Sham Lal v. UT of J&K & Ors 2026 LiveLaw (JKL) 326
Inder Krishan Raina v. Union Territory of J&K through SHO Police Station, Nawabad, Jammu 2026 LiveLaw (JKL) 327
Javid Ahmad Lone & Ors. v. Union Territory of J&K through SHO, Police Station Karnah, District Kupwara 2026 LiveLaw (JKL) 328
Bashir Mohammad Choudhary v. Union Territory through Vigilance Organisation Kashmir (Now ACB) & Anr 2026 LiveLaw (JKL) 329
Gulam Ahmad Raina & Anr. v. Mst. Hameeda Akhtar & Ors 2026 LiveLaw (JKL) 330
Syeda Afshana Bhat v. University of Kashmir & Ors 2026 LiveLaw (JKL) 331
The Jammu & Kashmir Central Cooperative Bank Ltd. v. Anil Kishore Gupta 2026 LiveLaw (JKL) 332
Nisar Ahmad Joo v. UT of J&K & Anr 2026 LiveLaw (JKL) 333
Lek Raj Padha v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 334
Nargis Begum v. Union of India & Ors. 2026 LiveLaw (JKL) 335
Naveen Jamwal v. High Court of J&K and Ladakh and Others 2026 LiveLaw (JKL) 336
State of J&K v. Mohammad Ramzan Mir (connected with Abdul Majeed Beigh v. Mohammad Ramzan Mir & Anr.) 2026 LiveLaw (JKL) 337
Sain Miran Baba Darvesh Ghulam Qadir Trust v. State of J&K and Others 2026 LiveLaw (JKL) 338
Sanjay Gupta v. Vipan Kumar Mehta 2026 LiveLaw (JKL) 339
Amit Kundal and others v. Union of India and others 2026 LiveLaw (JKL) 340
Arif Ahmad Sheikh & Ors. v. Union Territory of J&K & Anr 2026 LiveLaw (JKL) 341
Kunzang Dolma & Ors. v. Union of India & Ors 2026 LiveLaw (JKL) 342
Showkat Yousuf Shah & Ors. v. Union of India & Ors 2026 LiveLaw (JKL) 343
Mymoona v. Union Territory of J&K & Ors. connected with M/s Jammu Indore Roadways v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 344
Syed Bilal Ahmad Qadri v. Union Territory of J&K & Ors., WP(C) No. 1857/2026 2026 LiveLaw (JKL) 345
BADAVATH KISHAN v. UNION OF INDIA & ORS 2026 LiveLaw (JKL) 346
Laiq Parvez v. Union Territory of J&K through Anti-Corruption Bureau, South Kashmir 2026 LiveLaw (JKL) 347
Indian Kayaking and Canoeing Association v. UT of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 348
Ankur Kirtikumar Mehta Vs Bharti Bhachloo 2026 LiveLaw (JKL) 349
Shishir Gupta, IAS v. Ufaira Gulzar & Ors 2026 LiveLaw (JKL) 350
Asmat Parveen v. Islamic University of Science and Technology and Another 2026 LiveLaw (JKL) 351
Albert David Limited v. Union Territory of J&K and others 2026 LiveLaw (JKL) 352
Sana Aftab v. Mohtashem Billah Malik 2026 LiveLaw (JKL) 353
Naeem Akhter Andrabi v. Union of India & Ors 2026 LiveLaw (JKL) 354
Brahmanand Saraswati v. State (UT of J&K) & Anr 2026 LiveLaw (JKL) 355
Bashir Ahmad Ganai v. State of J&K and Ors 2026 LiveLaw (JKL) 356
Sana Aftab v. Mohtashem Billah Malik 2026 LiveLaw (JKL) 357
Abdul Hamid Bhat v. Abdul Rashid Bhat 2026 LiveLaw (JKL) 358
Sheikh Ghulam Hassan v. Mohammad Amin Dar 2026 LiveLaw (JKL) 359
Union Territory of J&K and Others v. Gulzar Ahmad Wagra 2026 LiveLaw (JKL) 360
Habibullah Kumar v. UT of J&K 2026 LiveLaw (JKL) 361
Sabeer Ahmed v. UT of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 362
Mohammad Ashraf Sheikh v. UT of J&K and Another 2026 LiveLaw (JKL) 363
State of J&K and Ors v. Abdul Sattar Lone 2026 LiveLaw (JKL) 364
M/s Reach Dredging Limited v. Directorate of Enforcement 2026 LiveLaw (JKL) 365
Simon Randhawa & Ors Vs Union Of India &Ors 2026 LiveLaw (JKL) 366
Habibullah Kumar v. UT of J&K 2026 LiveLaw (JKL) 367
Hakeem Zaffar Ahmad v. Rattan Singh 2026 LiveLaw (JKL) 368
J&K Grameen Bank & Ors. v. Rachhpal Singh 2026 LiveLaw (JKL) 369
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:
Case Title: Madhu Bakshi & Ors. v. Anti-Corruption Bureau & Anr. (Connected Matters)
Citation: 2026 LiveLaw (JKL) 287
The Jammu & Kashmir and Ladakh High Court refused to quash criminal proceedings against Ambience Group promoter Raj Singh Gehlot, his family members, associated companies and other accused in the alleged ₹289.28-crore Jammu & Kashmir Bank loan fraud.
Case Title: Anwar Jan (Choudhhary) v. UT of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 288
The Jammu & Kashmir and Ladakh High Court held that merely because a person is facing prosecution in several criminal cases does not denude the competent authority of its power to invoke preventive detention under the Jammu and Kashmir Public Safety Act, 1978.
Case Title: Junaid Javid v. Union of India & Anr.
Citation: 2026 LiveLaw (JKL) 289
The Jammu & Kashmir and Ladakh High Court declined to issue a writ of mandamus directing the Central Information Commission (CIC) to decide second appeals arising from the Union Territory of Jammu & Kashmir within a fixed period of 45 days, holding that the Right to Information Act, 2005 does not prescribe any statutory timeline for disposal of such appeals.
Case Title: Mohammad Ishaq Najar & Ors. v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 290
The Jammu & Kashmir and Ladakh High Court held that the State cannot indefinitely withhold payment of admitted dues to persons who executed restoration works during a natural disaster merely because of pending inter-departmental formalities or non-release of funds under the State Disaster Response Fund (SDRF).
Case Title: Anjum Rafiq v. Union Territory of J&K & Anr.
Citation: 2026 LiveLaw (JKL) 291
The Jammu & Kashmir and Ladakh High Court held that the mere fact that a vehicle is liable to confiscation under the Narcotic Drugs and Psychotropic Substances Act, 1985, does not justify its continued detention in police custody during the pendency of the trial.
Case Title: Fayaz Ahmad Lone v. UT of J&K & Ors
Citation: 2026 LiveLaw (JKL) 292
In a strongly worded judgment reaffirming the constitutional primacy of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order passed under the Jammu & Kashmir Public Safety Act, 1978, holding that preventive detention cannot be founded upon a police dossier bereft of recent factual material and mechanically reproduced by the District Magistrate.
Case Title: Vishnu Kant Sharma & Ors. v. Union Territory of J&K & Anr.
Citation: 2026 LiveLaw (JKL) 293
The Jammu & Kashmir and Ladakh High Court held that a Magistrate cannot mechanically reject a police closure report and direct further investigation merely on the basis of allegations contained in a protest petition without first recording cogent reasons demonstrating why the investigation was deficient or why the material collected by the investigating agency was unreliable.
Case Title: Mohammad Yaseen Khan v. State of Jammu & Kashmir (now UT) & Ors.
Citation: 2026 LiveLaw (JKL) 294
Shedding light on service law and cadre restructuring, the High Court of Jammu & Kashmir and Ladakh upheld the constitutional validity of the note appended to Rule 1 of SRO 28 of 1996, holding that government employees cannot seek court directions for promotion merely because they have remained stagnated in a small cadre for a long time.
Case Title: Ruksana Bano & Anr. v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 295
The High Court of Jammu & Kashmir and Ladakh held that an adult woman's categorical assertion that she was not abducted cannot, by itself, constitute a ground for quashing a kidnapping FIR where the surrounding circumstances emerging from the complaint and the investigation disclose disputed questions of fact requiring a thorough probe.
Case Title: Adan Bashir Bangroo and Another v. Union Territory of J&K
Citation: 2026 LiveLaw (JKL) 296
The Jammu & Kashmir and Ladakh High Court held that posters allegedly seeking to alienate the residents of Jammu & Kashmir from the rest of India are, at the stage of framing of charges, sufficient to prima facie attract an offence under Section 13 of the Unlawful Activities (Prevention) Act, 1967.
Case Title: Mudasir Ahmad Mir v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 297
The High Court of Jammu & Kashmir and Ladakh strongly deprecated the casual manner in which the Home Department produced the detention record in a habeas corpus petition, observing that the constitutional obligation to place the entire detention record before the Court cannot be discharged by merely forwarding photocopies through a clerk without proper verification by the competent authority.
Case Title: Gazetted Aspirants, Residents of Ladakh v. Union Territory of Ladakh
Citation: 2026 LiveLaw (JKL) 298
The High Court of Jammu & Kashmir and Ladakh closed a Public Interest Litigation concerning non-recruitment to gazetted posts in the Union Territory of Ladakh, after the respondent authorities filed a status report stating that the grievance had been completely redressed.
Case Title: Abdul Gani Ganie and Another v. Abdul Gani Bhat
Citation: 2026 LiveLaw (JKL) 299
The Jammu and Kashmir and Ladakh High Court held that once an application for amendment is allowed and a direction is issued to file a fresh application within specified time, the unamended pleading loses its efficacy for adjudication.
Case Title: Gulla Ganaie @ Gulzar Ahmad Ganaie v. Ghulam Qadir Sheikh
Citation: 2026 LiveLaw (JKL) 300
The High Court of Jammu & Kashmir and Ladakh held that a settlement entered into between parties in proceedings under Section 138 of the Negotiable Instruments Act does not, by itself, become enforceable through the coercive recovery mechanism provided under Sections 421 and 431 of the Code of Criminal Procedure (CrPC).
Case Title: Amir Ahmad Wani v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 301
The High Court of Jammu & Kashmir and Ladakh held that repeated involvement in illegal mining activities, even if brazen and in persistent violation of the Mines and Minerals (Development and Regulation) Act, cannot, by itself, be treated as conduct prejudicial to the maintenance of "public order" so as to justify preventive detention under the Jammu & Kashmir Public Safety Act, 1978.
Case Title: Aijaz Ahmad Bhat v. Nisar Ahmad Malik
Citation: 2026 LiveLaw (JKL) 302
The High Court of Jammu & Kashmir and Ladakh held that although an inquiry under Section 202 of the Code of Criminal Procedure (corresponding to Section 225 of the BNSS) is mandatory before issuance of process where the accused resides beyond the territorial jurisdiction of the Magistrate, non-compliance with that requirement cannot be invoked to derail proceedings after both parties have led their evidence and the case has reached the stage of final arguments.
Case Title: Dr. Sonakshi Gupta & Ors. v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 303
The High Court of Jammu & Kashmir and Ladakh held that maternity leave is not a matter of governmental benevolence but an enforceable constitutional right flowing from the dignity, equality and welfare guarantees enshrined in the Constitution.
Case Title: Vineet Jain v. Aman Zargar
Citation: 2026 LiveLaw (JKL) 304
The High Court of Jammu & Kashmir and Ladakh quashed a criminal complaint and the proceedings emanating therefrom against Vineet Jain, Managing Director of M/s Binnet Coleman and Co. Ltd., which owns the newspaper "Times of India", holding that the petitioner cannot be held liable for the content published in the newspaper in the absence of specific allegations against him.
Case Title: Ali Haider Shah v. Union Territory of J&K & Anr.
Citation: 2026 LiveLaw (JKL) 305
The High Court of Jammu & Kashmir and Ladakh held that the Jammu and Kashmir Reservation Act, 2004, read with the Jammu and Kashmir Reservation Rules, 2005, constitutes a complete statutory code providing remedies of appeal and revision against orders relating to the issuance, rejection or cancellation of category certificates.
Case Title: Yavnika alias Anshu v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 306
The High Court of Jammu & Kashmir and Ladakh refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.
Case Title: Adnan Rasool Ganie v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 307
The High Court of Jammu & Kashmir and Ladakh quashed the preventive detention of a man booked under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, 1988, holding that the authorities' unexplained delay of more than four months in acting upon the police dossier destroyed the very basis of the detention.
Case Title: Zahid Ahmad Mir v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 308
The High Court of Jammu & Kashmir and Ladakh held that acts allegedly committed by a person while he was a juvenile cannot subsequently be invoked as the foundation for preventive detention under the Jammu and Kashmir Public Safety Act (PSA) after he attains majority.
Case Title: Ravi Kumar v. Union of India & Ors.
Citation: 2026 LiveLaw (JKL) 309
The High Court of Jammu & Kashmir and Ladakh held that a soldier who has admittedly been declared a Battle Casualty and invalidated out of military service during Operation Vijay cannot be denied ex-gratia financial assistance under a welfare scheme merely because his injuries were sustained outside the geographical limits of the Kargil Sector.
Case Title: Muskan @ Shagufta Kousar v. Ashu Raja
Citation: 2026 LiveLaw (JKL) 310
The High Court of Jammu & Kashmir and Ladakh held that a court deciding interim custody of a minor cannot prejudge the truthfulness of criminal allegations pending investigation and employ such prima facie conclusions to alter the custody of a child.
Case Title: Rama Rani v. Chaman Lal
Citation: 2026 LiveLaw (JKL) 311
Shedding light on the procedural jurisprudence under the Civil Procedure Code the Jammu & Kashmir and Ladakh High Court held that mere knowledge of a civil suit even through receipt of an ex parte injunction order cannot trigger the mandatory 120-day limitation for filing a written statement.
Case Title: Mohammad Shafi Reshi v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 312
Expanding the contours of judicial review under Article 226 of the Constitution, the High Court of Jammu & Kashmir and Ladakh held that the maintainability of a writ petition no longer depends solely upon whether the respondent is a 'State' under Article 12.
Case Title: Adil Ahmad Sofi v. Javid Ahmad Sofi
Citation: 2026 LiveLaw (JKL) 313
Delineating the limits of summary criminal procedure, the High Court of Jammu & Kashmir and Ladakh held that a defence disclosed by an accused while recording his plea under Section 251 of the Code of Criminal Procedure cannot be converted into a plea of guilt merely because the accused admits issuing the cheque or expresses willingness to settle accounts.
Retiral Benefits Cannot Be Withheld Over Suspected Involvement In Criminal Case: J&K&L High Court
Case Title: Union Territory of J&K & Anr. v. Firdous Ahmad Itoo & Anr.
Citation: 2026 LiveLaw (JKL) 314
The High Court of Jammu & Kashmir and Ladakh held that the State cannot place a retired employee's pension and gratuity in indefinite suspension merely because it suspects involvement in a criminal case or contemplates disciplinary action in the future.
Death Of Sole Accused Extinguishes Disproportionate Assets Attachment Proceedings: J&K&L High Court
Case Title: Dheeraj Pargal v. Union Territory of J&K & Anr. connected with Amit Mahajan & Anr. v. Union Territory of J&K & Anr.
Citation: 2026 LiveLaw (JKL) 315
The High Court of Jammu & Kashmir and Ladakh held that property attachment proceedings initiated during a disproportionate assets investigation cannot acquire an independent existence once the criminal proceedings against the sole accused public servant become legally incapable of continuing.
Case Title: Amit Kundal & Ors. v. Union of India & Ors.
Citation: 2026 LiveLaw (JKL) 316
The High Court of Jammu & Kashmir and Ladakh held that a reserved category candidate cannot be denied adjustment against an unreserved vacancy merely because he has availed a relaxation that is available uniformly to all candidates belonging to a particular region.
Case: Abdul Razzak Beigh v. Altaf Ahmad Khan
Citation: 2026 LiveLaw (JKL) 317
The High Court of Jammu & Kashmir and Ladakh clarified the distinction between pre-cognizance dismissal of a criminal complaint and dismissal after issuance of process, holding that only the latter attracts Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and results in an acquittal appealable under Section 419(4).
Case Title: Parvaiz Ahmad Khan v. Union Territory of J&K and Others
Citation: 2026 LiveLaw (JKL) 318
The High Court of Jammu & Kashmir and Ladakh held that once a Coordinate Bench has personally interacted with a major woman, recorded her statement and accepted that she is residing with a person of her own free will, a subsequent Habeas Corpus petition cannot be invoked by her father to secure another judicial examination of the same issue in the absence of fresh material indicating coercion or illegal detention.
Case Title: Rohit Kumar v. Union Territory of J&K
Citation: 2026 LiveLaw (JKL) 319
The High Court of Jammu & Kashmir and Ladakh held that an application seeking transfer of an undertrial prisoner from one jail to another cannot be rejected solely because neither the accused nor his family resides in the district where the trial is pending.
Case Title: Hindustan Coca-Cola Beverages Pvt. Ltd. v. Assistant Controller, Legal Metrology, Reasi & Anr.
Citation: 2026 LiveLaw (JKL) 320
The High Court of Jammu & Kashmir and Ladakh held that a manufacturer could not be criminally prosecuted merely for declaring different Maximum Retail Prices (MRPs) on identical pre-packaged commodities when the law, at the relevant time, did not prohibit such differential pricing.
Case Title: Dr. Johns Pvt. Ltd. v. State of J&K
Citation: 2026 LiveLaw (JKL) 321
The High Court of Jammu & Kashmir and Ladakh held that where the acts and omissions of a Drugs Inspector deprive an accused of the valuable statutory right to seek re-testing of a drug sample and adduce evidence in controversion of the Government Analyst's report under Section 25(3) of the Drugs and Cosmetics Act, 1940, continuation of the prosecution would amount to an abuse of the process of law.
Case Title: M/s SPBL Energy Pvt. Ltd. v. Jammu Power Development Corporation Ltd. & Anr.
Citation: 2026 LiveLaw (JKL) 322
The High Court of Jammu & Kashmir and Ladakh held that where credible material surfaces before conclusion of a public contract casting doubt on the integrity and eligibility of the successful bidder, the State is constitutionally entitled and indeed duty bound to revisit its decision rather than proceed merely because the bidder has emerged as L-1.
Case Title: Sheikh Abdul Rehman v. Ghulam Nabi Kaboo
Citation: 2026 LiveLaw (JKL) 323
The High Court of Jammu & Kashmir and Ladakh held that a complainant who bona fide prosecutes a cheque dishonour complaint which is ultimately found to be premature does not forfeit the statutory cause of action merely because years elapsed in litigation.
Case Title: Abdul Wahab Qureshi v. Mohammad Showkat & Anr.
Citation: 2026 LiveLaw (JKL) 324
The High Court of Jammu & Kashmir and Ladakh held that while deciding whether to issue process on a private complaint, a Magistrate is not confined to the averments in the complaint alone but is equally entitled to rely upon the material collected during an inquiry under Section 202 of the Code of Criminal Procedure.
Case Title: Mohd. Yaqoob v. Financial Commissioner (Revenue) Jammu and Kashmir and others.
Citation: 2026 LiveLaw (JKL) 325
The High Court of Jammu & Kashmir and Ladakh held that a revenue appellate authority cannot decide the merits of an appeal instituted more than three decades after a mutation without first determining whether such a belated challenge is maintainable in law.
Case Title: Arjun Kumar Through His Father Sham Lal v. UT of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 326
The Jammu & Kashmir and Ladakh High Cour held that the act of opening fire upon police personnel is, by itself, sufficient to disturb public order and justify preventive detention under the Jammu and Kashmir Public Safety Act, 1978.
Case Title: Inder Krishan Raina v. Union Territory of J&K through SHO Police Station, Nawabad, Jammu
Citation: 2026 LiveLaw (JKL) 327
The Jammu & Kashmir and Ladakh High Court held that criminal liability under Section 7 of the Foreigners Act, 1946 cannot be fastened merely because a person is a trustee, office bearer or member of an organisation owning or managing premises where a foreign national stayed.
Case Title: Javid Ahmad Lone & Ors. v. Union Territory of J&K through SHO, Police Station Karnah, District Kupwara
Citation: 2026 LiveLaw (JKL) 328
The Jammu & Kashmir and Ladakh High Court held that the closure of a criminal investigation for want of sufficient admissible evidence is itself indicative of the bona fides of the Investigating Officer and negates allegations that the investigation was initiated with mala fide intent to harass or falsely implicate the accused.
Case Title: Bashir Mohammad Choudhary v. Union Territory through Vigilance Organisation Kashmir (Now ACB) & Anr.
Citation: 2026 LiveLaw (JKL) 329
The Jammu & Kashmir and Ladakh High Court held that a third party cannot seek release of property seized during investigation merely because he is not an accused in the criminal case.
The Court observed that where the seized property has the potential of constituting the proceeds of crime and may ultimately become liable to confiscation upon proof of the offences at trial, its release during the pendency of the proceedings would be impermissible.
Case Title: Gulam Ahmad Raina & Anr. v. Mst. Hameeda Akhtar & Ors.
Citation: 2026 LiveLaw (JKL) 330
The Jammu & Kashmir and Ladakh High Court held that Order 41 Rule 4 of the Code of Civil Procedure applies only at the stage of filing an appeal and cannot be relied upon to continue an appeal after the death of one of the appellants during its pendency.
Case Title: Syeda Afshana Bhat v. University of Kashmir & Ors.
Citation: 2026 LiveLaw (JKL) 331
The Jammu & Kashmir and Ladakh High Court held that temporary service rendered after undergoing a regular selection process can be counted towards benefits under the University Grants Commission (UGC) Career Advancement Scheme (CAS), even where the employee was initially engaged on a stop-gap basis.
Case Title: The Jammu & Kashmir Central Cooperative Bank Ltd. v. Anil Kishore Gupta
Citation: 2026 LiveLaw (JKL) 332
The Jammu & Kashmir and Ladakh High Court held that while interest on delayed payment of gratuity may be legally recoverable, it cannot be elevated to a jurisdictional requirement for entertaining or restoring an appeal where the statute expressly mandates deposit only of the gratuity amount determined by the Controlling Authority.
'Bail Cannot Be Denied To Teach Accused A Lesson'; J&K&L High Court Grants Bail In POCSO Case
Case Title: Nisar Ahmad Joo v. UT of J&K & Anr.
Citation: 2026 LiveLaw (JKL) 333
The Jammu & Kashmir and Ladakh High Court held that the concession of bail cannot be denied merely to teach an accused a lesson or satisfy the conscience of society, as doing so would amount to imposing an impermissible pre-trial punishment.
Case Title: Lek Raj Padha v. Union Territory of J&K & Anr.
Citation: 2026 LiveLaw (JKL) 334
The Jammu & Kashmir and Ladakh High Court quashed criminal proceedings initiated against the hereditary Mohtimam (Manager)/Pujari of the historic Thakur Dwara Narsingh Ji Maharaj Temple at Bani.
In doing so the court held that allegations relating to the management, leasing, encroachment and alleged misappropriation of temple land donated by Maharaja Pratap Singh are essentially a civil dispute and cannot be converted into a criminal prosecution for criminal breach of trust.
Case Title: Nargis Begum v. Union of India & Ors.
Citation: 2026 LiveLaw (JKL) 335
The Jammu & Kashmir and Ladakh High Court upheld the termination of a probationary CRPF Constable, holding that his explanation for remaining absent from duty on the ground that militants had attacked his house was an afterthought unsupported by contemporaneous material.
Case Title: Naveen Jamwal v. High Court of J&K and Ladakh and Others
Citation: 2026 LiveLaw (JKL) 336
The Jammu & Kashmir and Ladakh High Court, while upholding the removal of a judicial officer accused of taking money on the promise of securing public employment, held that the credibility of the judicial institution depends not only on the correctness of judicial decisions but also on the character, integrity and rectitude of those who hold judicial office.
Case Title: State of J&K v. Mohammad Ramzan Mir (connected with Abdul Majeed Beigh v. Mohammad Ramzan Mir & Anr.)
Citation: 2026 LiveLaw (JKL) 337
The Jammu & Kashmir and Ladakh High Court refused to overturn the acquittal of a man accused of kidnapping and raping an 18-year-old woman, observing that the prosecution's own evidence indicated that the prosecutrix had voluntarily accompanied the accused, stayed with him for over a month, travelled in public transport without raising any alarm, and failed to seek help despite several opportunities.
Case Title: Sain Miran Baba Darvesh Ghulam Qadir Trust v. State of J&K and Others
Citation: 2026 LiveLaw (JKL) 338
The Jammu & Kashmir and Ladakh High Court held that a private trust which entered into the management of a shrine without lawful authority or a legally recognisable claim cannot challenge the statutory authorities' action of taking over its management under the Jammu and Kashmir Wakaf Act, 2001.
Case Title: Sanjay Gupta v. Vipan Kumar Mehta
Citation: 2026 LiveLaw (JKL) 339
The Jammu & Kashmir and Ladakh High Court, while refusing to quash proceedings in a cheque dishonour complaint involving ₹65.68 lakh held that pleas of a cheque being misplaced, prior stop-payment instructions, alleged misuse of cheque and absence of a legally enforceable debt are matters of defence which cannot be conclusively decided in proceedings under Section 528 BNSS.
Case Title: Amit Kundal and others v. Union of India and others
Citation: 2026 LiveLaw (JKL) 340
The Jammu & Kashmir and Ladakh High Court, while directing the appointment of Scheduled Caste candidates excluded from BSF recruitment despite securing higher marks than selected open merit candidates, held that candidates who availed physical relaxation based on Jammu and Kashmir domicile cannot be confined to the reserved quota merely because they applied under the Scheduled Caste category.
Case: Arif Ahmad Sheikh & Ors. v. Union Territory of J&K & Anr.
Citation: 2026 LiveLaw (JKL) 341
The Jammu & Kashmir and Ladakh High Court held that while further investigation under Section 173(8) of the Code of Criminal Procedure (now Section 193(9) BNSS) is legally permissible, a supplementary charge-sheet introducing graver offences must ordinarily be founded on fresh oral or documentary evidence and not merely on a re-evaluation or reassessment of material already collected during investigation.
No Separate Demolition Notice Required For Persons Not Named In Official Records: J&K&L High Court
Case Title: Kunzang Dolma & Ors. v. Union of India & Ors.
Citation: 2026 LiveLaw (JKL) 342
The Jammu & Kashmir and Ladakh High Court held that where an administrative authority initiates demolition or encroachment removal proceedings on the basis of contemporaneous official records, it is not obliged to issue notices to persons whose names do not figure in those records merely because they subsequently assert independent private or contractual claims over the property.
Case: Showkat Yousuf Shah & Ors. v. Union of India & Ors.
Citation: 2026 LiveLaw (JKL) 343
The Jammu & Kashmir and Ladakh High Court held that the mere fact that an educational institution established under the Army's "Operation Sadbhavana" performs the public function of imparting education does not make every dispute concerning its employees amenable to writ jurisdiction under Article 226 of the Constitution.
J&K Govt Must Prescribe Procedure For Willow Act Confiscations After Forest Act Repeal: High Court
Case: Mymoona v. Union Territory of J&K & Ors. connected with M/s Jammu Indore Roadways v. Union Territory of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 344
The Jammu & Kashmir and Ladakh High Court observed that if the Government is serious about effectively enforcing the Jammu & Kashmir Willow (Prohibition of Export and Movement) Act, 2000, it must urgently bridge the legislative vacuum by prescribing a statutory procedure governing seizure and confiscation of willow and vehicles used in alleged violations.
Case Title: Syed Bilal Ahmad Qadri v. Union Territory of J&K & Ors., WP(C) No. 1857/2026.
Citation: 2026 LiveLaw (JKL) 345
The Jammu & Kashmir and Ladakh High Court observed that unchecked building violations are becoming a menace, leaving law-abiding residents as helpless spectators while municipal authorities, “by design or default”, turn a blind eye until illegal constructions attain completion, forcing aggrieved neighbours into repeated litigation.
Case Title: BADAVATH KISHAN v. UNION OF INDIA & ORS.
Citation: 2026 LiveLaw (JKL) 346
The Jammu & Kashmir and Ladakh High Court held that members of the General Reserve Engineer Force (GREF)/Border Roads Organisation (BRO) are subject to a dual disciplinary framework, under which disciplinary proceedings may be initiated either under the Army Act and the Rules framed thereunder or under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, with the choice resting with the competent Disciplinary Authority.
Case Title: Laiq Parvez v. Union Territory of J&K through Anti-Corruption Bureau, South Kashmir
Citation: 2026 LiveLaw (JKL) 347
The Jammu & Kashmir and Ladakh High Court refused to quash an Anti-Corruption Bureau FIR against a former General Manager of District Industries Centre (DIC), Pulwama, in a case involving allegations of embezzlement of over ₹90 lakh from the Government treasury and irregular allotment of industrial land even after the concerned estates had been transferred to the State Industrial Corporation of India (SICOP).
Case Title: Indian Kayaking and Canoeing Association v. UT of Jammu & Kashmir & Ors.
Citation: 2026 LiveLaw (JKL) 348
The Jammu & Kashmir and Ladakh High Court held that a National Sports Federation cannot claim a legal right to requisition the services of a Government employee or compel the Government to spare such employees for sporting assignments in the absence of a statutory provision creating such an obligation.
Case Title: Ankur Kirtikumar Mehta Vs Bharti Bhachloo
Citation: 2026 LiveLaw (JKL) 349
The Jammu & Kashmir and Ladakh High Court refused to quash criminal proceedings against three Directors of a pharmaceutical company over the manufacture of a drug declared “Not of Standard Quality”, holding that a Director cannot escape prosecution at the threshold merely by claiming that he had no personal role in the manufacturing process.
Case Title: Shishir Gupta, IAS v. Ufaira Gulzar & Ors.
Citation: 2026 LiveLaw (JKL) 350
The Jammu & Kashmir and Ladakh High Court held that once a levy warrant for recovery of maintenance is issued to the District Collector under Section 421(1)(b) of the Code of Criminal Procedure, the recovery proceedings shift to the Collector, and the Judicial Magistrate cannot simultaneously pursue an inconsistent mode of recovery.
Case Title: Asmat Parveen v. Islamic University of Science and Technology and Another
Citation: 2026 LiveLaw (JKL) 351
The High Court of Jammu & Kashmir and Ladakh upheld the retirement of an Associate Professor of a constituent Nursing College at the age of 60 years, holding that the decision of the Executive Council of the Islamic University of Science and Technology (IUST) specifically excluding constituent College teachers from the benefit of enhanced superannuation age of 62 years is binding in the absence of any challenge to the said decision.
Case Title: Albert David Limited v. Union Territory of J&K and others
Citation: 2026 LiveLaw (JKL) 352
The Jammu and Kashmir and Ladakh High Court observed that a drug sample whose shelf life had expired during the proceedings could not be treated as capable of meaningful re-testing.
The High Court, while making these observations, directed an inquiry into lapses after the sample, stated to have been sent to the Central Drugs Laboratory, failed to reach it for almost eight years.
Case Title: Sana Aftab v. Mohtashem Billah Malik
Citation: 2026 LiveLaw (JKL) 353
The High Court of Jammu & Kashmir and Ladakh held that a mother's violation of court orders and procurement of duplicate passports to relocate minor children from Qatar to India, though legally impermissible, would not by itself disentitle her to claim custody of the minor children if it is otherwise in the best interests and welfare of the children.
Case Title: Naeem Akhter Andrabi v. Union of India & Ors.
Citation: 2026 LiveLaw (JKL) 354
The High Court of Jammu & Kashmir and Ladakh prima facie observed that the communication issued by the Regional Passport Officer, Srinagar, requiring PDP leader Naeem Akhtar Andrabi to furnish an explanation regarding adverse police verification reports without disclosing the contents of such reports, failed to reflect the essence of a fair administrative course of action.
J&K&L High Court Upholds Conviction Of 84-Year-Old "Guru" For Rape Of Minor Girl
Case Title: Brahmanand Saraswati v. State (UT of J&K) & Anr.
Citation: 2026 LiveLaw (JKL) 355
The High Court of Jammu & Kashmir and Ladakh upheld the conviction of an 84-year-old godman/guru for committing rape upon a minor girl, holding that the prosecution had established the charge through credible ocular, documentary and expert evidence. The Court maintained the sentence awarded by the Trial Court and dismissed the appeal filed by the convict.
Case Title: Bashir Ahmad Ganai v. State of J&K and Ors.
Citation: 2026 LiveLaw (JKL) 356
The High Court of Jammu & Kashmir and Ladakh dismissed a writ petition and ordered the prosecution of a petitioner who produced a forged medical certificate to support his claim for service benefits.
The Court found that the petitioner had incorporated additional sentences in a medical certificate to justify his unauthorized absence from service for nearly seven years, and directed the Registrar Judicial, Srinagar, to file a criminal complaint against him for offences under Sections 336 and 340 of the Bharatiya Nyaya Sanhita, 2023.
Case Title: Sana Aftab v. Mohtashem Billah Malik
Citation: 2026 LiveLaw (JKL) 357
The High Court of Jammu & Kashmir and Ladakh set aside a Family Court order granting custody of two minor children to their father, observing that the Trial Court was swayed by the "petrodollar wealth" of Qatar in presuming its educational standards to be higher than those in Kashmir.
Case Title: Abdul Hamid Bhat v. Abdul Rashid Bhat
Citation: 2026 LiveLaw (JKL) 358
The High Court of Jammu & Kashmir and Ladakh held that the provisions of Sections 362 and 311 of the Code of Criminal Procedure, 1973, cannot be said to be inapplicable to the proceedings of a complaint initiated under Section 138 of the Negotiable Instruments Act, 1881.
Case Title: Sheikh Ghulam Hassan v. Mohammad Amin Dar
Citation: 2026 LiveLaw (JKL) 359
The High Court of Jammu & Kashmir and Ladakh held that a defective summary suit need not meet a dead end as een where the requirements of Order XXXVII of the Code of Civil Procedure, 1908 are not fulfilled, the Court can treat the suit as an ordinary civil suit and proceed with it in accordance with law.
Case Title: Union Territory of J&K and Others v. Gulzar Ahmad Wagra
Citation: 2026 LiveLaw (JKL) 360
The High Court of Jammu & Kashmir and Ladakh held that the right of indemnity under Section 12(2) of the Workmen's Compensation Act does not entitle the principal employer to unilaterally withhold or appropriate amounts lying in relation to an independent contract. The Court observed that any right of recovery must be enforced through legally permissible procedures before a competent forum.
Case Title: Habibullah Kumar v. UT of J&K
Citation: 2026 LiveLaw (JKL) 361
The High Court of Jammu & Kashmir and Ladakh High court set aside the conviction of a public servant in a corruption case, holding that the prosecution failed to prove initial demand of bribe beyond reasonable doubt.
Case Title:Sabeer Ahmed v. UT of Jammu & Kashmir & Ors.
Citation: 2026 LiveLaw (JKL) 362
The High Court of Jammu & Kashmir and Ladakh held that mere involvement in offences relating to transportation of bovine animals without permission cannot, by itself, justify invocation of preventive detention, particularly where the detaining authority has failed to record any subjective satisfaction that such activities had resulted, or had the potential to result, in public outrage.
Case Title: Mohammad Ashraf Sheikh v. UT of J&K and Another
Citation: 2026 LiveLaw (JKL) 363
The High Court of Jammu & Kashmir and Ladakh granted bail to an accused facing trial under the POCSO Act, holding that although a DNA profiling report may constitute strong incriminating scientific evidence connecting an accused with biological material, DNA evidence by itself does not establish the absence of consent.
Case Title: State of J&K and Ors v. Abdul Sattar Lone
Citation: 2026 LiveLaw (JKL) 364
The Jammu & Kashmir and Ladakh High Court, while restoring the dismissal of a Head Constable accused of embezzling over ₹90 lakh from the State Treasury, held that where a dismissal order is given retrospective effect without statutory backing, the invalid retrospective portion can be severed and the dismissal can still operate from the date of the order.
Case Title: M/s Reach Dredging Limited v. Directorate of Enforcement
Citation: 2026 LiveLaw (JKL) 365
The High Court of Jammu & Kashmir and Ladakh held that an offence under Section 5(1)(d) of the J&K Prevention of Corruption Act continues to qualify as a “scheduled offence” under the Prevention of Money Laundering Act, 2002 (PMLA), even after the omission of Section 13(1)(d) of the Central Prevention of Corruption Act in 2018.
Case Title: Simon Randhawa & Ors Vs Union Of India &Ors
Citation: 2026 LiveLaw (JKL) 366
The High Court of Jammu & Kashmir and Ladakh held that NEET qualification was not an indispensable requirement for BDS admissions made against State Quota seats in Jammu & Kashmir during the transitional academic session 2016-17, when such seats were covered by the applicable exemption from NEET.
Case Title: Habibullah Kumar v. UT of J&K
Citation: 2026 LiveLaw (JKL) 367
The High Court of Jammu & Kashmir and Ladakh acquitted an accused in a corruption case, holding that a trap witness or bribe giver may be treated as an interested witness, being a person interested in the success of the trap.
Case Title: Hakeem Zaffar Ahmad v. Rattan Singh
Citation: 2026 LiveLaw (JKL) 368
The High Court of Jammu & Kashmir and Ladakh held that a criminal appeal cannot be deferred merely on the basis of a medical certificate showing that the appellant is suffering from “Adjustment Disorder with Depressed Mood”, particularly when the appellant is represented by counsel who can appear and argue the matter on his behalf.
Case Title: J&K Grameen Bank & Ors. v. Rachhpal Singh
Citation: 2026 LiveLaw (JKL) 369
The High Court of Jammu & Kashmir and Ladakh held that in departmental disciplinary proceedings, the presence of mens rea is not a prerequisite to prove misconduct of an employee. The Court added that an unauthorised act, even if committed with good intentions, is still a violation of the service rules, and the very act of acting beyond one's delegated authority by itself constitutes a gross breach of discipline and misconduct in the banking sector.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
