Retiral Benefits Cannot Be Withheld Over Suspected Involvement In Criminal Case: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the State cannot place a retired employee's pension and gratuity in indefinite suspension merely because it suspects involvement in a criminal case or contemplates disciplinary action in the future.The court while reaffirming the constitutional protection available to retiral benefits, ruled that unless judicial or departmental proceedings have actually been instituted in the manner prescribed under the Jammu and Kashmir Civil...

Haemophilia Drug Shortage: J&K&L High Court Directs GMC Srinagar To Immediately Address Deficiency Of Factor-VIII & Emicizumab

The High Court of Jammu & Kashmir and Ladakh has directed the Principal of Government Medical College, Srinagar, to immediately address the acute deficiency of Factor-VIII and Emicizumab, noting that about 300 patients suffering from Hemophilia are being adversely affected.The Court was hearing a Public Interest Litigation filed by the Hemophilia Society of Kashmir concerning the shortage of essential medicines for the treatment of Hemophilia. The matter came up before the Court following...

Admission Of Issuing Cheque Alone Can't Be Treated As Plea Of Guilt In S.138 NI Act Case: J&K&L High Court

Delineating the limits of summary criminal procedure, the High Court of Jammu & Kashmir and Ladakh has held that a defence disclosed by an accused while recording his plea under Section 251 of the Code of Criminal Procedure cannot be converted into a plea of guilt merely because the accused admits issuing the cheque or expresses willingness to settle accounts.The Court ruled that unless the admission is voluntary, unqualified, unequivocal and covers every constituent ingredient of the...

Co-Operative Bank Performing Public Functions Amenable To Writ Jurisdiction Despite Not Being 'State' Under Article 12: J&K&L High Court

Expanding the contours of judicial review under Article 226 of the Constitution, the High Court of Jammu & Kashmir and Ladakh has held that the maintainability of a writ petition no longer depends solely upon whether the respondent is a 'State' under Article 12.The Court Observing that the touchstone for invoking Article 226 is the presence of a public law element, not the formal status of the body against whom relief is sought the court emphasised that where a Cooperative Bank carries on...

Mere Knowledge Of Suit Or Receipt Of Ex Parte Injunction Order Doesn't Trigger 120-Day Limit To File Written Statement: J&K&L High Court

Shedding light on the procedural jurisprudence under the Civil Procedure Code the Jammu & Kashmir and Ladakh High Court has held that mere knowledge of a civil suit even through receipt of an ex parte injunction order cannot trigger the mandatory 120-day limitation for filing a written statement.The Court ruled that the statutory clock under Order VIII Rule 1 CPC begins to run only...

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...

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...

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...