Person Granted Pardon & Examined As Approver U/S 343 BNSS Not Required To Remain In Custody Until Termination Of Trial: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a person who has been tendered pardon under Section 343 of BNSS, corresponding to Section 306 of the CrPC and examined as an approver, cannot be detained in custody in an absolute manner until the termination of trial. The Court clarified that the statutory purpose of custodial detention of an approver is to safeguard him and...

Accused Cannot Insist On Chargesheet Under Statute Of His Choice When Acts Are Punishable Under Two Different Laws: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an accused cannot demand that charges be framed under a particular penal statute when the alleged acts constitute offences under more than one law. The Court emphasized that the choice of statute for initiating proceedings is a matter for the investigating and prosecuting authorities and not for the accused.The Court was hearing...

Transfer Guidelines Not Enforceable, Employer's Power To Transfer Cannot Be Curtailed By Administrative Instructions: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that no employee can claim a right to a particular posting solely based on transfer guidelines, as such administrative instructions do not have statutory force and cannot curtail the employer's authority to effect transfers.The Court was hearing an intra-court appeal challenging the dismissal of a writ petition assailing a transfer order issued by the Food Corporation of India.A Division Bench of Justice Sindhu Sharma and Justice Shahzad...

Section 195 CrPC Bars Cognizance Without Complaint By Public Servant, Not FIR Or Investigation: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that Section 195 of the Code of Criminal Procedure does not prohibit registration of FIR or investigation into offences under Sections 172 to 188 IPC, but only bars the Court from taking cognizance in the absence of a complaint by the concerned public servant, and such objections are to be considered at the stage of charge or...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 16 - March 22, 2026

Nominal Index:Shriram General Insurance Co. Ltd. Vs Romesh Chander & Ors. and Shriram General Insurance Co. Ltd. Vs Pritam Singh & Ors 2026 LiveLaw (JKL) 101Mohammad Yaqoob Beigh Vs Union Territory of J&K 2026 LiveLaw (JKL) 102Mohd. Umar Nizami Vs Collector Land Acquisition (ACR), Ramban & Anr 2026 LiveLaw (JKL) 103Subash Raina v. State of J&K & Ors 2026 LiveLaw...

Pension Amount Becomes Attachable After Being Credited To Account; Recovery As Guarantor Valid: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the protection available to pension amounts from attachment ceases once the amount is credited to the pensioner's bank account, and such amount can be subjected to recovery towards the pensioner's liability as a guarantor for a loan default.The Court was hearing a writ petition filed by a retired government employee challenging...

Calling Someone 'Over Ground Worker' Of Terrorists Is Per Se Defamatory; Mens Rea Essential: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that branding a person as an overground worker of terrorists or stating that the person has links with terrorists ex-facie lowers the image of such person in the estimation of those who know him, and publication of such imputation attracts the offence of defamation under Section 499 of the Ranbir Penal Code.The Court further observed that...

J&K&L High Court Grants Bail To NDPS Accused To Attend Minor Daughter's Surgery, Says Health Issues Of Family Of Paramount Consideration

The High Court of Jammu & Kashmir and Ladakh has held that the health condition of a family member of a detenue is a matter of paramount consideration, warranting judicial intervention in appropriate cases to safeguard humanitarian concerns.The Court was hearing a bail application filed by an accused under the provisions of the NDPS Act seeking interim relief to enable him to attend to...

Special Police Officers Don't Hold Civil Post, Not Entitled To Article 311 Protection: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a Special Police Officer (SPO) engaged under Section 18 of the Police Act does not hold a civil post and therefore cannot claim the protection of Article 311 of the Constitution or the disciplinary safeguards available to regular members of the police force. The Court clarified that while an SPO may claim a limited right of hearing...

Academic Arrangement Rules Can't Extend Registrar/Tutor Tenure Beyond 3 Years In Medical Colleges: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that appointments made under the J&K Medical & Dental Education Academic Arrangement Rules, 2020 cannot be used to extend the tenure of posts such as Registrar, Tutor, or Demonstrator in medical and dental education beyond the maximum period of three years prescribed under the relevant recruitment framework.A Division Bench...

Authorities Can't Undermine Court Order By Initiating Belated Enquiry To Deny Promotion: J&K&L High Court

The Jammu & Kashmir High Court held that the State cannot defeat the effect of a judicial decision by initiating a belated departmental enquiry and simultaneously declaring an employee “unfit” for promotion. The Court observed that such administrative action amounts to an attempt to neutralise the relief granted by the Court and violates the rule of law.A bench of Justice Javed Iqbal...

'Surrender Of Possession' Under J&K Migrant Property Act Includes Constructive & Symbolic Possession: High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that the expression “surrender of possession of the property to the competent authority,” appearing in proviso (b) to Section 7 of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, must be construed to include constructive and symbolic possession and not...