Court Cannot Brand Pending Criminal Case Against Father As 'False' To Alter Child's Custody: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has 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.Setting aside an order transferring the interim custody of a six-year-old girl to her father, the Court ruled that findings branding a pending criminal case as "false" or "frivolous" before completion of investigation amount to an...

Battle Casualty Soldier During Kargil War Cannot Be Denied Benefits Because Injury Occurred Outside Kargil Sector: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has 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.Holding that beneficial schemes for disabled soldiers must receive a liberal and purposive interpretation, the Court ruled that the State cannot...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: July 13 - July 19, 2026

Nominal Index:Adan Bashir Bangroo and Another v. Union Territory of J&K 2026 LiveLaw (JKL) 296Mudasir Ahmad Mir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 297Gazetted Aspirants, Residents of Ladakh v. Union Territory of Ladakh 2026 LiveLaw (JKL) 298Abdul Gani Ganie and Another v. Abdul Gani Bhat 2026 LiveLaw (JKL) 299Gulla Ganaie @ Gulzar Ahmad Ganaie v. Ghulam Qadir...

Alleged Illegal Acts Committed During Juvenility Cannot Justify Preventive Detention After Attaining Majority: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has 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.Emphasising the rehabilitative philosophy underlying juvenile justice, the Court observed that an offence...

LiveLaw Jammu & Kashmir And Ladakh High Court Half-Yearly Digest: January - June 2026

Jammu and Kashmir and Ladakh High Court Half-Yearly Digest January - June 2026Citations 2026 LiveLaw (JKL) [ 1 - 286 ]Nominal Index:Saleema & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 1STATE OF J & K vs NAZIR AHMAD BHAT AND OTHERS 2026 LiveLaw (JKL) 2State of Jammu and Kashmir vs Ahsan-ul-Haq Khan 2026 LiveLaw (JKL) 3Lt. Col. Daljit Singh Dogra vs State of J&K 2026 LiveLaw...

PITNDPS Act | Unexplained Delay In Acting On Police Dossier Makes Preventive Detention A "Mockery": J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has 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.Observing that preventive detention...

J&K&L High Court Refuses To Quash FIR Against Woman Accused Of SIM-Swapping With Trekker, ₹8.73 Lakh Cyber Fraud

The High Court of Jammu & Kashmir and Ladakh has 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.Holding that the allegations disclosed commission of cognizable offences under the...

J&K Reservation Act Is Complete Code; Statutory Appeal & Revision Must Be Exhausted Before Invoking Article 226: High Court

The High Court of Jammu & Kashmir and Ladakh has 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.Holding that such statutory remedies must ordinarily...

MD Not Liable For Content In Newspaper Unless Specific Role Alleged: J&K&L High Court Quashes Complaint Against TOI's Vineet Jain

The High Court of Jammu & Kashmir and Ladakh has 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.A Bench...

"Maternity Leave Is Constitutional Right, Not State Charity": J&K&L High Court Quashes Order Denying Salary To Doctors

The High Court of Jammu & Kashmir and Ladakh has 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.Striking down a communication denying pay and allowances to Senior Resident Doctors during maternity leave, the Court observed that once...

Accused Cannot Flag Non-Compliance Of S.202 CrPC To Scuttle Cheque Bounce Proceedings At Stage Of Final Arguments: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has 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...

Illegal Mining Cannot Be Labelled As Threat To Public Order To Justify Preventive Detention: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has 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...