Jammu and Kashmir High Court Case Commentaries

Accrued Right to Regularization Survives Repeal: Equality-Based Posthumous Regularization Where Juniors Were Regularized

Date: Apr 29, 2026

Accrued Right to Regularization Survives Repeal: Equality-Based Posthumous Regularization Where Juniors Were Regularized 1. Introduction This judgment of the High Court of Jammu & Kashmir and Ladakh...

Quashment of 498-A/506 RPC Proceedings for Omnibus Allegations and Non-Relative Accused (including Alleged Paramour) under Section 561-A Cr.P.C

Date: Apr 23, 2026

Quashment of 498-A/506 RPC Proceedings for Omnibus Allegations and Non-Relative Accused (including Alleged Paramour) under Section 561-A Cr.P.C 1. Introduction The Jammu & Kashmir and Ladakh High...

Wrongful Denial of Appointment: Notional Appointment, Merit-Based Seniority, and Old Pension Coverage from the Original Selection Date

Date: Apr 23, 2026

Wrongful Denial of Appointment: Notional Appointment, Merit-Based Seniority, and Old Pension Coverage from the Original Selection Date 1. Introduction The Jammu & Kashmir and Ladakh High Court (Jammu...

Election Petitions Under the Representation of the People Act, 1951: “Proper Parties” Are Impermissible; Misjoinder Is Curable by Striking Out Non-Candidates

Date: Apr 21, 2026

Election Petitions Under the Representation of the People Act, 1951: “Proper Parties” Are Impermissible; Misjoinder Is Curable by Striking Out Non-Candidates Case: HARSH DEV SINGH v. UT OF J AND K TH...

NDPS Trials: Mechanical Deferment Due to Supplementary Complaint Is Impermissible—Trial Court Must Decide Segregation and Proceed Expeditiously

Date: Apr 11, 2026

NDPS Trials: Mechanical Deferment Due to Supplementary Complaint Is Impermissible—Trial Court Must Decide Segregation and Proceed Expeditiously 1. Introduction In AFROZ AHMED SHEIKH v. NARCOTICS...

Procedural Direction in a Criminal Appeal: Reserving the Matter for Orders and Permitting a Brief Written Synopsis

Date: Apr 9, 2026

Procedural Direction in a Criminal Appeal: Reserving the Matter for Orders and Permitting a Brief Written Synopsis 1. Introduction This order was passed by the High Court of Jammu & Kashmir and...

Cancellation of PMLA Bail Requires Supervening Misconduct; ED Must Show Post-Bail Grounds Beyond Merits Disagreement

Date: Apr 9, 2026

Cancellation of PMLA Bail Requires Supervening Misconduct; ED Must Show Post-Bail Grounds Beyond Merits Disagreement 1) Introduction The Jammu & Kashmir and Ladakh High Court (Justice M. A....

Moulding Relief in Defective Land Acquisition After Possession and Construction: Fresh Award Under the 1990 Act Using Final-Award Date as Valuation Benchmark

Date: Apr 9, 2026

Moulding Relief in Defective Land Acquisition After Possession and Construction: Fresh Award Under the 1990 Act Using Final-Award Date as Valuation Benchmark 1) Introduction This Letters Patent...

Writ Courts Cannot Collaterally Reopen Unchallenged Revenue Mutations While Testing Agrarian Reforms Orders

Date: Apr 9, 2026

Writ Courts Cannot Collaterally Reopen Unchallenged Revenue Mutations While Testing Agrarian Reforms Orders 1. Introduction The Jammu & Kashmir and Ladakh High Court (Division Bench) in Naresh Kumar...

Police-Custody Excesses as “Purported Official Duty”: Prior Sanction under Section 197 CrPC as a Precondition to Cognizance

Date: Apr 9, 2026

Police-Custody Excesses as “Purported Official Duty”: Prior Sanction under Section 197 CrPC as a Precondition to Cognizance Case: RAJESHWAR SINGH v. STATE TH.2ND ADDL.COURT AND ORS. (CRMC No....

Disciplinary Authority Cannot Reopen Concluded Misconduct Proceedings Without Statutory Review Power; Repeated Enquiries on Same Allegations Barred

Date: Apr 3, 2026

Disciplinary Authority Cannot Reopen Concluded Misconduct Proceedings Without Statutory Review Power; Repeated Enquiries on Same Allegations Barred Case: ISHFAQ AHMAD WANI v. CHAIRMAN LEGISLATIVE...

Drug & Cosmetics Act—Section 34 Nomination as the Primary Anchor of Vicarious Liability; “Bald” Director Averments Insufficient for Prosecution

Date: Apr 3, 2026

Drug & Cosmetics Act—Section 34 Nomination as the Primary Anchor of Vicarious Liability; “Bald” Director Averments Insufficient for Prosecution Case: Amit Kumar Bansal and Ors. v. Sanjeev Kumar Gupta...

Bail in Murder Trials: Prolonged Undertrial Incarceration and Trial Delay as Article 21 Grounds Despite Gravity of Offence

Date: Apr 3, 2026

Bail in Murder Trials: Prolonged Undertrial Incarceration and Trial Delay as Article 21 Grounds Despite Gravity of Offence 1. Introduction The decision in Bhopinder Singh v. UT of J and K through...

Anticipatory Bail under SC/ST Act Bar: Courts May Scrutinize Available Electronic Evidence to Test Prima Facie Caste-Humiliation Allegations

Date: Apr 3, 2026

Anticipatory Bail under SC/ST Act Bar: Courts May Scrutinize Available Electronic Evidence to Test Prima Facie Caste-Humiliation Allegations Case: SANTOSHA DEVI v. UT OF J AND K TH DY SP HEADQUARTER...

Further Investigation Can Be Directed Post-Cognizance Until Charges; Supplementary Report Must Follow Section 173(2) CrPC

Date: Apr 3, 2026

Further Investigation Can Be Directed Post-Cognizance Until Charges; Supplementary Report Must Follow Section 173(2) CrPC 1) Introduction In Subash Chander Sharma v. S.H.O. P/S Anti Corruption Bureau...

UAPA Bail: Uncorroborated Approver/Co-accused Confessions and No Recovery Fail the “Prima Facie True” Threshold

Date: Apr 3, 2026

UAPA Bail: Uncorroborated Approver/Co-accused Confessions and No Recovery Fail the “Prima Facie True” Threshold Case: AMIN ALLAIE TH RUBINA v. NATIONAL INVESTIGATION AGENCY JAMMU Court: High Court of...

Section 528 BNSS: “Non‑coercive” Interim Protection Does Not Freeze Investigation; Merger of Complaints Not a Standalone Ground to Quash FIR

Date: Mar 31, 2026

Section 528 BNSS: “Non‑coercive” Interim Protection Does Not Freeze Investigation; Merger of Complaints Not a Standalone Ground to Quash FIR Case: GULZAR AHMAD GANIE AND ORS. v. UNION TERRITORY...

Section 195 Cr.P.C. Bar Operates at Cognizance (Not FIR Stage): Premature Section 482 Challenges to Lockdown-Prosecution

Date: Mar 30, 2026

Section 195 Cr.P.C. Bar Operates at Cognizance (Not FIR Stage): Premature Section 482 Challenges to Lockdown-Prosecution 1. Introduction In Mushtaq Ahmad Ganie v. Union Territory of Jammu and Kashmir...

Non-Statutory Transfer Guidelines Create No Enforceable Right; Mala Fides in Transfer Must Be Specifically Pleaded and Proven

Date: Mar 30, 2026

Non-Statutory Transfer Guidelines Create No Enforceable Right; Mala Fides in Transfer Must Be Specifically Pleaded and Proven 1. Introduction The decision in Gaganpreet Singh Wazir v. Food...

Preventive Detention under the J&K Public Safety Act Requires Fresh, Proximate Material and Independent Application of Mind—Mechanical “Dossier-as-Grounds” Detentions are Illegal

Date: Mar 26, 2026

Preventive Detention under the J&K Public Safety Act Requires Fresh, Proximate Material and Independent Application of Mind—Mechanical “Dossier-as-Grounds” Detentions are Illegal 1. Introduction In...