Roshni Act Being Declared Unconstitutional Does Not Nullify Cases Under Prevention Of Corruption Act: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has ruled that criminal prosecutions launched in connection with irregularities under the Roshni Act can lawfully continue even though the Act itself has been declared unconstitutional and void from its inception.Holding that corruption cannot be legitimised or erased by the invalidation of the statute under which it was committed, the Court made it clear that public servants and beneficiaries accused of abusing official position cannot escape criminal...

Once Cessation Of Threat Is Admitted By Detaining Authority, Preventive Detention Becomes Arbitrary: J&K&L High Court

Emphasising a cardinal constitutional safeguard, the Jammu and Kashmir and Ladakh High Court has recently reiterated that without a current or proximate threat to security, preventive detention becomes arbitrary and legally unsustainable.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal observed that once the detaining authority itself acknowledges that the...

Education Not Charity Alone; Private Unaided Institutions Entitled To Reasonable Returns: J&K&L High Court

Observing that commercialisation and profiteering do not completely rule out the element of creating surplus for future activities or earning reasonable returns on investments, the Jammu & Kashmir and Ladakh High Court has recently clarified the constitutional position of private unaided educational institutions in the contemporary education system.A Division Bench of Justice Sanjeev...

After Allowing Employee To Serve for 25 Years, State Cannot Cry 'Illegal Appointment: J&K&L High Court Upholds Retiral Benefits

Holding that the State cannot wake up after decades to question the legality of an employee's appointment, the High Court of Jammu & Kashmir and Ladakh has ruled that having allowed an employee to serve for nearly 25 years, it is far too late for the authorities to contend that his appointment was illegal.The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal...

Jammu & Kashmir And Ladakh High Court Monthly Digest: January 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...

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...

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...

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...