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

Nominal Index:Ghulam Rasool Bhat Vs UT Of J&K 2026 LiveLaw (JKL) 9Nazir Ahmad Bhat Vs Chairman/ Managing Director J&K Bank Corporate Office 2026 LiveLaw (JKL) 10State Of J&K Vs Ahsan-ul-Haq 2026 LiveLaw (JKL) 11Sarwa Zahoor Vs Deputy Director Enforcement Directorate & Anr 2026 LiveLaw (JKL) 12Mehbooba Mufti vs Union of India & Ors 2026 LiveLaw (JKL) 13M/S Ace Enterprises Vs Shri Jagdeep Rana 2026 LiveLaw (JKL) 14Shafiq Anjum vs State of J&K & Ors 2026 LiveLaw (JKL) 15Abdul Hamid Wani Vs Abdul Hamid Lone 2026 LiveLaw (JKL) 16Farooq Ahmad Dar Vs UT Of J&K 2026 LiveLaw (JKL) 17Nisar Ahmad Kakapori and Anr vs Aijaz Ahmad Kadoo& Anr 2026 LiveLaw (JKL) 18Judgments/Orders:J&K Civil Services (Special Provisions) Act | No Retrospective Regularisation On Completing Qualifying Service Period: High CourtCase Title: Ghulam Rasool Bhat Vs UT Of J&KCitation: 2026 LiveLaw (JKL) 9Addressing a recurring claim in service matters, the High Court of Jammu & Kashmir and Ladakh made it clear that mere continuity of service does not entitle an employee to retrospective regularisation. The Court held that under the J&K Civil Services (Special Provisions) Act, 2010, statutory regularisation can operate only prospectively, irrespective of the stage at which the qualifying period of service is completed.SARFAESI | Borrower's Right Of Redemption Ends On Publication Of Sale Notice, Not On Completion Of Sale: J&K&L High CourtCase Title: Nazir Ahmad Bhat Vs Chairman/ Managing Director J&K Bank Corporate OfficeCitation: 2026 LiveLaw (JKL) 10Emphasising the transformative impact of the 2016 amendment to the SARFAESI Act, the Jammu and Kashmir and Ladakh High Court held that a borrower's right of redemption no longer survives till the completion of sale and instead stands extinguished on the date of valid publication of the notice of sale.Mere Involvement In Criminal Case Cannot Be Sole Basis For Premature Retirement; Service Record Must Be Examined: J&K&L High CourtCase Title: State Of J&K Vs Ahsan-ul-HaqCitation: 2026 LiveLaw (JKL) 11The Jammu and Kashmir and Ladakh High Court clarified that while involvement in a criminal case may be a relevant factor for determining the continued utility of a government servant, it cannot be the sole basis for their premature retirement.Tribunal Can Remand Cases After Setting Aside Confirmation Order: J&K High Court Clarifies Scope Of Section 26(4) PMLA ActCase Title: Sarwa Zahoor Vs Deputy Director Enforcement Directorate & AnrCitation: 2026 LiveLaw (JKL) 12Clarifying the scope of appellate powers under the Prevention of Money Laundering Act, 2002 (PMLA), the Jammu and Kashmir and Ladakh High Court held that the Appellate Tribunal's power under Section 26(4) of the Act is of wide amplitude and necessarily includes the power to remand a matter to the Adjudicating Authority as a consequential and ancillary power when an order is set aside.Courts Cannot Be Turned Into Platforms For Political Campaigns: J&K&L High Court Dismisses PIL On Undertrial TransfersCase-Title: Mehbooba Mufti vs Union of India & OrsCitation: 2026 LiveLaw (JKL) 13The Jammu & Kashmir High Court dismissed a Public Interest Litigation seeking directions for detention of undertrial prisoners of the Union Territory within prisons located in Jammu & Kashmir, holding that Public Interest Litigation cannot be used as a political platform or as a tool to gain electoral advantage.Trial Courts Lack Jurisdiction To Act On Alleged False Affidavits Filed Before Supreme Court: J&K&L High CourtCase Title: M/S Ace Enterprises Vs Shri Jagdeep RanaCitation: 2026 LiveLaw (JKL) 14Underscoring the strict procedural safeguards governing prosecution for perjury, the Jammu & Kashmir and Ladakh High Court held that where an alleged false affidavit or statement is made in proceedings before the Supreme Court, it is the Supreme Court alone which has the jurisdiction to initiate perjury proceedings, and no subordinate court or trial court can assume such competence.Third Party Using Land With Owner's Consent Cannot Be Prosecuted For Encroachment: J&K&L High CourtCase-Title: Shafiq Anjum vs State of J&K & OrsCitation: 2026 LiveLaw (JKL) 15The Jammu & Kashmir High Court held that coercive action cannot be taken against a third party who merely used land with the permission of its recorded owner, especially when the statute invoked is inapplicable.Deliberately Appending Mismatched Signature To Prevent Encashment Of Cheque Attracts S.138 NI Act: J&K&L High CourtCase Title: Abdul Hamid Wani Vs Abdul Hamid LoneCitation: 2026 LiveLaw (JKL) 16The Jammu and Kashmir and Ladakh High Court held that where a drawer of a cheque deliberately appends a signature that does not tally with his specimen signature available with the bank, with the intent to prevent the cheque from being honoured, the offence under Section 138 of the Negotiable Instruments Act, 1881, would stand attracted.Justice May Be Tempered With Mercy In Exceptional Cases: J&K&L High Court Allows Symbolic...

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

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

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