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Jammu and Kashmir High Court Case Commentaries

Preventive Detention under the J&K PSA: Referenced (but Not Relied-Upon) FIRs Need Not Be Supplied and DSB Intelligence May Be Withheld under Section 13(2)

Preventive Detention under the J&K PSA: Referenced (but Not Relied-Upon) FIRs Need Not Be Supplied and DSB Intelligence May Be Withheld under Section 13(2)

Date: Mar 26, 2026
Preventive Detention under the J&K PSA: Referenced (but Not Relied-Upon) FIRs Need Not Be Supplied and DSB Intelligence May Be Withheld under Section 13(2) 1. Introduction This judgment of the Jammu...
Disciplinary Authority as Enquiry Officer: Inquiry Vitiated Where Authority Also Acts as Prosecutor and Denies Cross‑Examination; No Fresh Inquiry After Superannuation Without Enabling Rule

Disciplinary Authority as Enquiry Officer: Inquiry Vitiated Where Authority Also Acts as Prosecutor and Denies Cross‑Examination; No Fresh Inquiry After Superannuation Without Enabling Rule

Date: Mar 26, 2026
Disciplinary Authority as Enquiry Officer: Inquiry Vitiated Where Authority Also Acts as Prosecutor and Denies Cross‑Examination; No Fresh Inquiry After Superannuation Without Enabling Rule 1)...
Juvenile Bail Under Section 12 JJ Act Can Be Denied for “Ends of Justice” in Heinous/National Security Offences

Juvenile Bail Under Section 12 JJ Act Can Be Denied for “Ends of Justice” in Heinous/National Security Offences

Date: Mar 26, 2026
Juvenile Bail Under Section 12 JJ Act Can Be Denied for “Ends of Justice” in Heinous/National Security Offences 1. Introduction The decision in Anjum Mehmood v. UT of J and K th Incharge Police...
Humanitarian Mandamus to Retrieve a Deported Long-Term Visa Holder to Pursue Citizenship Under Section 5(1)(d) of the Citizenship Act, 1955

Humanitarian Mandamus to Retrieve a Deported Long-Term Visa Holder to Pursue Citizenship Under Section 5(1)(d) of the Citizenship Act, 1955

Date: Mar 26, 2026
Humanitarian Mandamus to Retrieve a Deported Long-Term Visa Holder to Pursue Citizenship Under Section 5(1)(d) of the Citizenship Act, 1955 1. Introduction In Sajjad Ahmed v. Union of India th...
Non-application of mind and contradictory custody records vitiate preventive detention under the J&K Public Safety Act

Non-application of mind and contradictory custody records vitiate preventive detention under the J&K Public Safety Act

Date: Mar 13, 2026
Non-application of Mind and Contradictory Custody Records Vitiate Preventive Detention under the J&K Public Safety Act 1. Introduction The decision in MUDASIR AHMAD BHAT v. UNION TERRITORY OF J AND K...
Owner Not Presumed Liable for Defamation Without Specific Allegations; Statutory Presumption Attaches to the “Editor” Under the Press and Registration of Books Act, 1867

Owner Not Presumed Liable for Defamation Without Specific Allegations; Statutory Presumption Attaches to the “Editor” Under the Press and Registration of Books Act, 1867

Date: Mar 13, 2026
Owner Not Presumed Liable for Defamation Without Specific Allegations; Statutory Presumption Attaches to the “Editor” Under the Press and Registration of Books Act, 1867 1. Introduction In SANJAY...
Limitation for Section 18 Reference Cannot Be Defeated by State’s Failure to Notify Award and Tender Compensation

Limitation for Section 18 Reference Cannot Be Defeated by State’s Failure to Notify Award and Tender Compensation

Date: Mar 5, 2026
Limitation for Section 18 Reference Cannot Be Defeated by State’s Failure to Notify Award and Tender Compensation Case: GHULAM MOHAMMAD RAH AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE...
Unauthorised Decades-Long Occupation of Private Land for Highways: NHAI Must Initiate Acquisition or Restore Possession

Unauthorised Decades-Long Occupation of Private Land for Highways: NHAI Must Initiate Acquisition or Restore Possession

Date: Feb 25, 2026
Unauthorised Decades-Long Occupation of Private Land for Highways: NHAI Must Initiate Acquisition or Restore Possession 1. Introduction In Ch. Mohd. Sadiq v. Union of India th Ministry of Housing and...
Pension Credited to Bank Account Treated as “Received”: Recoverable for Guarantor’s Debt; Writ Remedy Barred in Pure Contractual Recovery

Pension Credited to Bank Account Treated as “Received”: Recoverable for Guarantor’s Debt; Writ Remedy Barred in Pure Contractual Recovery

Date: Feb 25, 2026
Pension Credited to Bank Account Treated as “Received”: Recoverable for Guarantor’s Debt; Writ Remedy Barred in Pure Contractual Recovery 1. Introduction The decision in CHUNI LAL v. JAMMU AND...
Status quo ante and non-delegable statutory satisfaction in migrant-property evictions

Status quo ante and non-delegable statutory satisfaction in migrant-property evictions

Date: Feb 21, 2026
Interim Status Quo Ante (Including Restoration of Possession) in Migrant-Property Evictions: Estoppel Not to Defeat Writ Interim Relief, and District Magistrate’s “Persona Designata” Duty of...
Bail in 302 IPC Cases: Prima Facie Incriminating Material, Not Trial-like Appreciation of Eyewitness Testimony; Delay-attribution and Speedy Trial Directions

Bail in 302 IPC Cases: Prima Facie Incriminating Material, Not Trial-like Appreciation of Eyewitness Testimony; Delay-attribution and Speedy Trial Directions

Date: Feb 21, 2026
Bail in 302 IPC Cases: Prima Facie Incriminating Material, Not Trial-like Appreciation of Eyewitness Testimony; Delay-attribution and Speedy Trial Directions 1. Introduction Case: Murad Ali and...
Cancellation of an Advanced Recruitment Process Solely for a Proposed Procedural Shift (Manual-to-Online) Is Arbitrary; Courts May Direct Appointment by Accommodation Against Existing Vacancies

Cancellation of an Advanced Recruitment Process Solely for a Proposed Procedural Shift (Manual-to-Online) Is Arbitrary; Courts May Direct Appointment by Accommodation Against Existing Vacancies

Date: Feb 20, 2026
Cancellation of an Advanced Recruitment Process Solely for a Proposed Procedural Shift (Manual-to-Online) Is Arbitrary; Courts May Direct Appointment by Accommodation Against Existing Vacancies Case:...
Averaging Comparable Sale Deeds (Pre- and Post-Acquisition) to Fix Market Value; Distance from District HQ Immaterial Where Municipal/Commercial Potential Exists

Averaging Comparable Sale Deeds (Pre- and Post-Acquisition) to Fix Market Value; Distance from District HQ Immaterial Where Municipal/Commercial Potential Exists

Date: Feb 20, 2026
Averaging Comparable Sale Deeds (Pre- and Post-Acquisition) to Fix Market Value; Distance from District HQ Immaterial Where Municipal/Commercial Potential Exists Case: MUMTAZ AHMED AND ORS. v....
No Vested Right to Exchange Shamilat (Kahcharaie) Land After Substitution of Section 133(2): Pending Requests Cannot Compel Collector Action

No Vested Right to Exchange Shamilat (Kahcharaie) Land After Substitution of Section 133(2): Pending Requests Cannot Compel Collector Action

Date: Feb 20, 2026
No Vested Right to Exchange Shamilat (Kahcharaie) Land After Substitution of Section 133(2): Pending Requests Cannot Compel Collector Action 1. Introduction This intra-court appeal (LPA No. 21/2023)...
Bail in POCSO-Abetment Cases for Non-Principal Accused Who Provided Shelter: Limited Role, Love-Affair/Elopement Indicators, and Trial Progress as Decisive Factors

Bail in POCSO-Abetment Cases for Non-Principal Accused Who Provided Shelter: Limited Role, Love-Affair/Elopement Indicators, and Trial Progress as Decisive Factors

Date: Feb 20, 2026
Bail in POCSO-Abetment Cases for Non-Principal Accused Who Provided Shelter: Limited Role, Love-Affair/Elopement Indicators, and Trial Progress as Decisive Factors 1. Introduction The Jammu & Kashmir...
NDPS Retesting Bar: A Second Laboratory Test Cannot Be Ordered Merely Because the First Report Is Unfavourable

NDPS Retesting Bar: A Second Laboratory Test Cannot Be Ordered Merely Because the First Report Is Unfavourable

Date: Feb 17, 2026
NDPS Retesting Bar: A Second Laboratory Test Cannot Be Ordered Merely Because the First Report Is Unfavourable 1. Introduction In MOHAMMAD MANSHA AND OTHERS v. NARCOTICS CONTROL BUREAU(NCB), ZONAL...
Finality of Review Medical Board in CAPFs Recruitment: No Court-Directed “Third Medical Examination” Absent Malafides or Procedural Illegality

Finality of Review Medical Board in CAPFs Recruitment: No Court-Directed “Third Medical Examination” Absent Malafides or Procedural Illegality

Date: Feb 14, 2026
Finality of Review Medical Board in CAPFs Recruitment: No Court-Directed “Third Medical Examination” Absent Malafides or Procedural Illegality 1. Introduction In Younis Ali v. Union of India Ministry...
ITR-Based Income Must Be Accepted in MACT Claims Absent Rebuttal

ITR-Based Income Must Be Accepted in MACT Claims Absent Rebuttal

Date: Feb 14, 2026
Income Tax Returns as Reliable Proof of Deceased’s Income in MACT Claims (Without Enquiry into “Source”), and Mandatory Alignment with Pranay Sethi Future Prospects and Sarla Verma Multiplier 1....
Show-Cause for “Removal & Debarment” Validates Lesser Enlistment Penalties (Downgrading); Past Downgrade Not a Perpetual Bar to Fresh “SS” Registration

Show-Cause for “Removal & Debarment” Validates Lesser Enlistment Penalties (Downgrading); Past Downgrade Not a Perpetual Bar to Fresh “SS” Registration

Date: Feb 14, 2026
Show-Cause for “Removal & Debarment” Validates Lesser Enlistment Penalties (Downgrading); Past Downgrade Not a Perpetual Bar to Fresh “SS” Registration 1. Introduction This Letters Patent Appeal (LPA...
Equitable Discharge of Airman for Civil Appointment Despite AFO Ineligibility—Conditioned by Monetary Deposit

Equitable Discharge of Airman for Civil Appointment Despite AFO Ineligibility—Conditioned by Monetary Deposit

Date: Feb 14, 2026
Equitable Discharge of Airman for Civil Appointment Despite AFO Ineligibility—Conditioned by Monetary Deposit 1. Introduction In Himmat Kumar Raina v. Union of India th. Secretary Ministry of Defence...
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