Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 26 - February 1, 2026

Nominal Index:Mst Khati Vs Abdul Rashid Salroo 2026 LiveLaw (JKL) 27National Insurance Company Limited Vs Bashir & Others 2026 LiveLaw (JKL) 28M/S ARISTO LABORATORIES PVT. LTD Vs UT Of J&K 2026 LiveLaw (JKL) 29Iqbal Singh Vs Durga Devi & Ors 2026 LiveLaw (JKL) 30Gh. Rasool Ganie Vs State of J&K 2026 LiveLaw (JKL) 31Om Prakash & Ors. vs Bodh Raj & Ors 2026 LiveLaw...

Teacher Selection By Private Unaided Schools Is A Matter Of Private Contract, Not Enforceable Through Writ Jurisdiction: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the selection of teachers by a private unaided school culminates in a contract of service governed by private law, and that the rights claimed by candidates participating in such selection processes are purely private rights, which cannot be enforced through a writ petition under Article 226 of the Constitution.Justice Sanjay Dhar, while dismissing a writ petition challenging the non-selection of a Primary Teacher by a DAV school,...

FIR Against Investigating Officer Cannot Dilute Material Against Accused: J&K&L High Court Rejects Anticipatory Bail In NDPS Case

The Jammu & Kashmir and Ladakh High Court has held that the registration of an FIR against the Investigating Officer for alleged misconduct does not automatically weaken or nullify the material collected against an accused in a criminal case, and cannot by itself be a ground to grant anticipatory bail, particularly in cases involving commercial quantity under the NDPS Act.A bench of Justice Rajnesh Oswal dismissed the anticipatory bail plea of an accused booked under Sections 8, 15, 25 and...

Procedural Compliance U/S 133 CrPC Mandatory; Well-Intentioned Orders Can't Survive Procedural Lapses: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has dismissed a petition challenging the remand of proceedings under Section 133 CrPC to the Sub Divisional Magistrate (SDM) for fresh consideration, holding that procedural compliance under Chapter X CrPC is mandatory and cannot be bypassed even for a "well-meaning" order.A bench of Justice Rahul Bharti held that if the provisions of Chapter X of...

Forgery Conviction Can't Sustain Sans Proof Of Authorship; Mens Rea Must Be Established Independently If Doc Accepted By Authority: J&K&L HC

Underscoring the foundational requirement of mens rea in criminal prosecution for forgery and corruption, the High Court of Jammu & Kashmir and Ladakh has held that even if the prosecution's version that a tampered document was used to secure a benefit is assumed to be correct, the mental element of the offence must still be independently proved.A bench of Justice Sanjay Parihar ruled...

J&K&L High Court Admits Plea Challenging CPC Amendments Made Under Reorganisation Order 2020 As 'Ultra Vires'

The Jammu & Kashmir and Ladakh High Court has admitted a writ petition challenging the validity of amendments made to the Code of Civil Procedure, 1908, through the J&K Reorganisation (Adaptation of Central Laws) Order, 2020, and has stayed further proceedings before the trial court in the meantime.A bench of Justice Sanjay Parihar was hearing the petition under Article 226 of...

Right Of Pre-Emption Is 'Extremely Weak', Filing Injunction Suit Without Claiming It Amounts To Waiver : J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has reiterated that the right of pre-emption is a very weak right, which can be lawfully defeated by a purchaser and can also be waived by the pre-emptor through conduct, as inferred from the facts and circumstances of a case.Setting aside a judgment and decree passed by the District Judge, Poonch, in 2001, the Court held that a pre-emptor who...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up : January 19-January 25, 2026

Nominal Index:YASIR AMIN KHANDAY AND ANOTHER Vs UT Of J&K 2026 LiveLaw (JKL) 19Abdul Hamid Wani Vs Abdul Hamid Lone 2026 LiveLaw (JKL) 20Dinesh Singh Chib & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 21Ishant Sharma v. Union Territory of Jammu & Kashmir & Ors LiveLaw 2026 (JKL) 22Shrisht Pal Sharma v. Union Territory of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 23Jasveer...

Drugs & Cosmetics Act | JMFC Can Try Offences Punishable Up To 3 Years; S. 32 Bar Not Absolute: J&K&L High Court

Holding that jurisdiction under the Drugs and Cosmetics Act is governed by the nature of punishment prescribed and not merely by the chapter under which an offence falls, the High Court of Jammu & Kashmir and Ladakh has ruled that offences punishable with imprisonment not exceeding three years can validly be tried by a specially empowered Judicial Magistrate, notwithstanding that...

Concealed Exclusion Clauses Can't Be Used To Deny Claim In Comprehensive Insurance Policies Covering Special Perils: J&K&L High Court

Reaffirming consumer rights under insurance contracts, the Jammu & Kashmir and Ladakh High Court has held that an insurer cannot evade liability by relying on obscure or undisclosed exclusion clauses, particularly where the insurance policy is issued and marketed as a comprehensive cover for 'Standard Fire and Special Perils'. The Court ruled that such hidden exclusions cannot be permitted...

S. 138 J&K Transfer Of Property Act | Transferee Cannot Take Possession Or Seek Mutation Without Registered Instrument: High Court

Reaffirming the strict statutory mandate governing transfer of immovable property in Jammu & Kashmir, the Jammu and Kashmir and Ladakh High Court has held that there cannot be a valid transfer of immovable property unless it is in writing and duly registered in accordance with Section 61(3) of the J&K Registration Act read with Section 138 of the J&K Transfer of Property...

S. 37 NDPS Act | 'Reasonable Grounds' Not Equivalent To 'Proved' Under BSA; It Would Set At Naught Bail Power: J&K&L High Court

Interpreting the stringent bail provisions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the Jammu & Kashmir and Ladakh High Court has clarified that the expression “reasonable grounds” contained in Section 37 cannot be stretched to mean 'proved' under the Bharatiya Sakshya Adhiniyam.The Court cautioned that equating “reasonable grounds” with the standard...