Jammu & Kashmir And Ladakh High Court Weekly Round-Up May 4 - May 10, 2026

Nominal Index:Inhabitants of Block Harwan v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 186Abdul Rashid Kohli v. Union Territory of Jammu & Kashmir 2026 LiveLaw (JKL) 187Tabassum Qadir Parray & Ors. v. High Court of Jammu and Kashmir & Anr 2026 LiveLaw (JKL) 189Farooq Ahmad v. Habib Ul-Ilah Bhat & Ors 2026 LiveLaw (JKL) 190Ali Mohd. Dar v. State of J&K & Ors 2026 LiveLaw (JKL) 191Chairman J&K Board of School Education v. Syed Abdul Rouf & Anr 2026 LiveLaw (JKL) 192Burhan Ahmad Mattoo v. Union Territory of Jammu and Kashmir 2026 LiveLaw (JKL) 193Radha Krishen Koul & Anr. v. UT of J&K & Ors 2026 LiveLaw (JKL) 194Judgments/Orders:No Conflict Between J&K Development Act & Panchayati Raj Act On Building Regulation: High CourtCase Title: Inhabitants of Block Harwan v. Union Territory of J&K & Ors.Citation: 2026 LiveLaw (JKL) 186The Jammu & Kashmir and Ladakh High Court held that the J&K Development Act, 1970, and the J&K Panchayati Raj Act, 1989, do not conflict insofar as regulation of building permissions and their violations are concerned.The Court ruled that if an area is part of a Notified Area for which the J&K Lakes Conservation and Management Authority (LCMA) has been constituted, LCMA alone has jurisdiction to grant building permissions and ensure that no construction takes place without such permissions or in violation thereof.Call Logs Alone Cannot Prove Criminal Conspiracy Under NDPS Act In Absence Of Voice Recording Or Transcripts: J&K&L High CourtCase Title: Abdul Rashid Kohli v. Union Territory of Jammu & KashmirCitation: 2026 LiveLaw (JKL) 187The Jammu & Kashmir and Ladakh High Court held that mere call detail records showing contact between an accused and a co-accused are not sufficient to establish a nexus with drug trafficking, especially in the absence of voice recordings or transcripts of the conversation, and that call logs alone cannot prove a criminal conspiracy for sale or transportation of drugs.Preliminary Verification Closure Not Equivalent To Closure Report Under CrPC: J&K&L High Court Refuses To Quash FIRThe Jammu & Kashmir and Ladakh High Court has held that the High Court cannot interfere under its inherent jurisdiction to quash an FIR merely because a preliminary verification had earlier recommended closure, when subsequent material collected during inquiry discloses the commission of a cognizable offence.Selection Process Ends With Appointment; Future Vacancies Not Part Of Same Process: J&K&L High Court Dismisses Judicial Officers' Seniority PleaCase Title: Tabassum Qadir Parray & Ors. v. High Court of Jammu and Kashmir & Anr.Citation: 2026 LiveLaw (JKL) 189The Jammu & Kashmir and Ladakh High Court dismissed a writ petition filed by four judicial officers who sought quashing of a seniority list of Munsiffs issued in 2011 and a direction to fix their seniority on the basis of their inter se merit in the selection process conducted by the Public Service Commission.Unregistered Agreement To Sell Can Be Used For Purpose Of Assessing Nature Of Possession At Interim Stage: J&K&L High CourtCase Title: Farooq Ahmad v. Habib Ul-Ilah Bhat & Ors.Citation: 2026 LiveLaw (JKL) 190The Jammu & Kashmir and Ladakh High Court held that an unregistered agreement to sell, though inadmissible to prove title, can be relied upon for collateral purposes, including for determining the nature and character of possession at the stage of consideration of an application for temporary injunction.Inherent Powers U/S 151 CPC Can Be Exercised Post-Award To Prevent Unjust Enrichment In Land Acquisition Cases: J&K&L High CourtCase Title: Ali Mohd. Dar v. State of J&K & Ors.Citation: 2026 LiveLaw (JKL) 191The Jammu & Kashmir and Ladakh High Court held that a court can exercise its inherent powers under Section 151 of the Code of Civil Procedure even after an award has attained finality, to correct an inadvertent error resulting in excess payment and to prevent unjust enrichment.J&K CSR | Employee On Deputation Can Choose Either Deputation Post Pay Or Parent Cadre Pay: J&K&L High CourtCase Title: Chairman J&K Board of School Education v. Syed Abdul Rouf & Anr.Citation: 2026 LiveLaw (JKL) 192The Jammu & Kashmir and Ladakh High Court held that an employee appointed on deputation is entitled to elect to draw either the pay in the scale of the deputation post or the basic pay in the pay scale of the parent cadre plus personal pay, if any.Disclosure Statement Of Co-Accused Alone Insufficient To Deny Bail Under UAPA: J&K&L High CourtCase Title: Burhan Ahmad Mattoo v. Union Territory of Jammu and KashmirCitation: 2026 LiveLaw (JKL) 193The Jammu & Kashmir and Ladakh High Court granted bail to an accused charged under the Unlawful Activities (Prevention) Act, 1967, holding that where the only material against the appellant is in the form of a disclosure statement made by a co-accused, the appellant has successfully crossed the hurdle of Section 43-D(5) of the Act.Lawful Lessees Cannot Be Treated As Unauthorized...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up May 4 - May 10, 2026

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Jammu & Kashmir And Ladakh High Court Weekly Round-Up May 4 - May 10, 2026

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