Third Party Using Land With Owner's Consent Cannot Be Prosecuted For Encroachment: J&K&L High Court

The Jammu & Kashmir High Court has 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.The petitioner had challenged an order directing seizure of his building material and registration of an FIR for alleged encroachment of common land under the J&K Common Lands (Regulation) Act, 1956, relying on the Supreme Court's ruling in Jagpal Singh v. State of Punjab. A...

Trial Courts Lack Jurisdiction To Act On Alleged False Affidavits Filed Before Supreme Court: J&K&L High Court

Underscoring the strict procedural safeguards governing prosecution for perjury, the Jammu & Kashmir and Ladakh High Court has 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.Justice Sanjay Dhar emphasised that the statutory scheme under criminal procedure law leaves no scope for...

Courts Cannot Be Turned Into Platforms For Political Campaigns: J&K&L High Court Dismisses PIL On Undertrial Transfers

The 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.A Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal observed that the petition was founded on vague and general averments, unsupported by material particulars or...

Tribunal Can Remand Cases After Setting Aside Confirmation Order: J&K High Court Clarifies Scope Of Section 26(4) PMLA Act

Clarifying the scope of appellate powers under the Prevention of Money Laundering Act, 2002 (PMLA), the Jammu and Kashmir and Ladakh High Court has 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...

Mere Involvement In Criminal Case Cannot Be Sole Basis For Premature Retirement; Service Record Must Be Examined: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has 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.In a judgment delivered by Justice Sanjeev Kumar and Justice Sanjay Parihar, the court underscored the importance of a comprehensive evaluation of...

J&K High Court Bar Association Seeks Proposed NLU's Main Campus In Jammu Instead Of Kashmir Valley, Cites Regional Balance Concerns

The Jammu & Kashmir High Court Bar Association at Jammu has called upon the Union Territory government to locate the main campus of the proposed Jammu & Kashmir National Law University (NLU) in Jammu province, instead of the Kashmir Valley.In a representation submitted to Chief Minister Omar Abdullah, the Association pointed out that situating the NLU primarily in Kashmir could...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 5 - January 11, 2026

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 (JKL) 4Bharat Oil Traders Vs Assistant Commissioner & anr 2026 LiveLaw (JKL) 5Rishi Kumar vs Chenab Valley Power Projects...

SARFAESI | Borrower's Right Of Redemption Ends On Publication Of Sale Notice, Not On Completion Of Sale: J&K&L High Court

Emphasising the transformative impact of the 2016 amendment to the SARFAESI Act, the Jammu and Kashmir and Ladakh High Court has 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.A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar made it clear that...

J&K Civil Services (Special Provisions) Act | No Retrospective Regularisation On Completing Qualifying Service Period: High Court

Addressing a recurring claim in service matters, the High Court of Jammu & Kashmir and Ladakh has 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...

Invocation Of S.67 IT Act Requires Proof Of Electronic Circulation Of Obscene Content, Not Mere Possession: J&K&L High Court

Clarifying the evidentiary standards required for offences under the Information Technology Act, the High Court of Jammu & Kashmir and Ladakh has held that mere seizure of electronic devices or storage media is wholly insufficient to attract Section 67 of the IT Act unless the prosecution proves, through authenticated electronic evidence and admissible expert opinion, that the alleged...

Marriage Outside District Disentitles Candidate From Claiming Local Residence Preference In Public Recruitment: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has ruled that a candidate who marries outside the concerned district cannot insist on the benefit of local residence preference in public recruitment unless such residence is established by cogent and reliable documentary evidence.A bench of Justice Javed Iqbal Wani held that the petitioner failed to substantiate her claim of continued residence...

J&K&L High Court Initiates Suo Motu Case To Ensure Compliance With SC Directions On Remission Policies

The High Court of Jammu & Kashmir and Ladakh has registered a suo motu writ petition to monitor and supervise the implementation of remission and premature release policies in the Union Territories of Jammu & Kashmir and Ladakh.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal passed the order and noted that The Government of Jammu & Kashmir...