Jammu & Kashmir And Ladakh High Court Weekly Roundup October 12 - October 18, 2026

  • Jammu And Kashmir High Court Weekly Roundup
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    Nominal Index:

    Devinder Singh and Others v. Union Territory of J&K 2026 LiveLaw (JKL) 453

    Khayal Shafi Badana v. Union Territory Through Police Station Rajbagh 2026 LiveLaw (JKL) 454

    Tara Chand and Another v. Bhagat Ram 2026 LiveLaw (JKL) 455

    Farhat Ali Khanday v. Union Territory of Jammu & Kashmir and Others 2026 LiveLaw (JKL) 456

    Sheikh Mohammad Yaseen v. Ali Mohammad Shora 2026 LiveLaw (JKL) 257

    Bashir Ahmed v. Union Territory of Jammu & Kashmir and Others 2026 LiveLaw (JKL) 458

    Mohammad Sultan Bhat v. Union Territory of Jammu & Kashmir and Others 2026 LiveLaw (JKL) 459

    Commissioner Secretary, PMGSY & Others v. Mohd. Iqbal 2026 LiveLaw (JKL) 460

    Mst. Sakeena Banoo v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 461

    X v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 462

    Case Title: UT of J&K Vs Neeru Pandita 2026 LiveLaw (JKL) 463

    Mushtaq Ahmad Rafiqee v. Mohammad Amin Wani & Another 2026 LiveLaw (JKL) 264

    Judgments/Orders:

    Caste Abuse Against Woman Does Not Attract SC/ST Act Merely Because Husband Belongs To SC Community: J&K&L High Court

    Case Title: Devinder Singh and Others v. Union Territory of J&K

    Citation: 2026 LiveLaw (JKL) 453

    The Jammu & Kashmir and Ladakh High Court granted bail to the accused, observing that caste-based abuse directed at a woman who did not herself belong to a Scheduled Caste community would not attract the SC/ST Act merely because her husband belonged to that community. The Court clarified that the investigation could continue and directed that the charge sheet not be filed without its permission.

    NDPS Act | CDRs Do Not Reveal Conversation Contents, Bank Credits Not Clearly Linked To Drug Proceeds: J&K High Court Grants Bail

    Case Title: Khayal Shafi Badana v. Union Territory Through Police Station Rajbagh

    Citation: 2026 LiveLaw (JKL) 454

    The Jammu & Kashmir and Ladakh High Court granted bail to an accused in a commercial-quantity narcotics case, noting that no contraband had been recovered from him, call detail records did not reveal the contents of conversations, and bank credits were not clearly linked to drug proceeds. It held that the seriousness of the charge alone could not justify continued detention where the material against the particular accused was not sufficiently compelling.

    Adverse Possession Claim Not Contradictory Merely Because Plaintiff Relies On Sale Agreement To Explain Possession: J&K&L High Court

    Case Title: Tara Chand and Another v. Bhagat Ram

    Citation: 2026 LiveLaw (JKL) 455

    The Jammu & Kashmir and Ladakh High Court held that a plaintiff claiming ownership by adverse possession does not necessarily take contradictory pleas by referring to an agreement to sell to explain entry into possession. It also held that khasra numbers, measurements and other revenue particulars may sufficiently identify immovable property for Order VII Rule 3 CPC.

    Person Facing Trial Under UAPA Cannot Seek Removal From Police List Of Over Ground Workers: J&K&L High Court

    Case Title: Farhat Ali Khanday v. Union Territory of Jammu & Kashmir and Others

    Citation: 2026 LiveLaw (JKL) 456

    The Jammu & Kashmir and Ladakh High Court declined to direct removal of the petitioner's name from the police-maintained list of Over Ground Workers while a UAPA trial and his challenge to dismissal from government service on national-security grounds remained pending. The Court held that these issues could not be determined in the writ petition at that stage.

    CPC | Order Rejecting Application Under Order 9 Rule 9 CPC Appealable Under Order 43: J&K High Court

    Case Title: Sheikh Mohammad Yaseen v. Ali Mohammad Shora

    Citation: 2026 LiveLaw (JKL) 457

    The Jammu & Kashmir and Ladakh High Court held that an order rejecting an application under Order IX Rule 9 CPC to restore a suit dismissed for non-prosecution is appealable under Order XLIII Rule 1(c) CPC. It upheld restoration of the ejectment suit, noting that the application was filed within seven days and sufficient cause for the absence had been shown.

    Adult Woman Who Voluntarily Marries Person Of Her Choice Cannot Be Compelled To Return To Parents: J&K&L High Court

    Case Title: Bashir Ahmed v. Union Territory of Jammu & Kashmir and Others

    Citation: 2026 LiveLaw (JKL) 458

    The Jammu & Kashmir and Ladakh High Court dismissed a father's habeas corpus petition seeking recovery of his adult daughter, finding that she had voluntarily married and chosen to reside with her husband. It held that habeas corpus cannot be used to compel an adult to live with a parent when no unlawful detention is established.

    Party Cannot Be Forced To Remain In Suit Where No Cause Of Action Or Relief Is Pleaded Against Them: J&K&L High Court

    Case Title: Mohammad Sultan Bhat v. Union Territory of Jammu & Kashmir and Others

    Citation: 2026 LiveLaw (JKL) 459

    The Jammu & Kashmir and Ladakh High Court upheld the removal of three private individuals from the array of defendants under Order I Rule 10(2) CPC, holding that they could not be compelled to remain parties where no cause of action or relief was pleaded against them and their presence was unnecessary for effective adjudication.

    J&K&L High Court Upholds ₹7.2 Lakh Compensation For House Damaged By Road Construction

    Case Title: Commissioner Secretary, PMGSY & Others v. Mohd. Iqbal

    Citation: 2026 LiveLaw (JKL) 460

    The Jammu & Kashmir and Ladakh High Court upheld a decree awarding ₹7.2 lakh, with interest, to a Ramban resident whose house was damaged during road construction. It held that the defendants could not withhold their defence during trial and seek a fresh opportunity after judgment, particularly when material testimony had not been effectively challenged.

    School Discharge Certificate Prevails Over Medical Opinion In Determining Candidate's Age: J&K&L High Court

    Case Title: Mst. Sakeena Banoo v. Union Territory of J&K and Others

    Citation: 2026 LiveLaw (JKL) 461

    The Jammu & Kashmir and Ladakh High Court dismissed a challenge to cancellation of a woman's provisional selection as an Aaya/Helper, holding that a school discharge certificate based on official academic records prevailed over a medical opinion assessing her age. The school record showed that she had not attained the prescribed minimum age by the cut-off date.

    Doctors Not Discharging Duties Under MTP Act, Leaving Distressed Mothers To Approach Courts: J&K&L High Court

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

    Citation: 2026 LiveLaw (JKL) 462

    The Jammu & Kashmir and Ladakh High Court directed Lalla Ded Hospital, Srinagar, to constitute a Medical Board for immediate examination of a woman whose foetus was diagnosed with serious abnormalities at nearly 32 weeks of pregnancy. The Court stressed that medical practitioners must discharge their statutory duties under the Medical Termination of Pregnancy Act and take prompt action in justified cases.

    Employees Entitled To Regularization From Date They Fulfil Statutory Conditions, Not From Date Of Formal Order: J&K High Court

    Case Title: UT of J&K Vs Neeru Pandita

    Citation: 2026 LiveLaw (JKL) 463

    A Full Bench of the Jammu & Kashmir High Court held that the right to regularisation under Section 5 of the J&K Civil Services (Special Provisions) Act, 2010 accrues when the prescribed statutory conditions are fulfilled and does not depend on the date of the formal order. It also held that the 150-day period under Section 10 is procedural.

    Cheques Issued For Land Deal Disputed Over Ownership: J&K&L High Court Upholds Unconditional Leave To Defend ₹1.35 Crore Suit

    Case Title: Mushtaq Ahmad Rafiqee v. Mohammad Amin Wani & Another

    Citation: 2026 LiveLaw (JKL) 464

    The Jammu & Kashmir and Ladakh High Court upheld unconditional leave to defend a ₹1.35-crore summary suit, holding that the defendants had raised a substantial triable issue by disputing the plaintiff's ownership of the land against which the cheques were allegedly issued. The Court found that the defence was neither doubtful nor fanciful.


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