Jammu & Kashmir And Ladakh High Court Weekly Round-Up : January 19-January 25, 2026

Nominal Index:YASIR AMIN KHANDAY AND ANOTHER Vs UT Of J&K 2026 LiveLaw (JKL) 19Abdul Hamid Wani Vs Abdul Hamid Lone 2026 LiveLaw (JKL) 20Dinesh Singh Chib & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 21Ishant Sharma v. Union Territory of Jammu & Kashmir & Ors LiveLaw 2026 (JKL) 22Shrisht Pal Sharma v. Union Territory of Jammu & Kashmir & Ors 2026 LiveLaw (JKL) 23Jasveer...

Drugs & Cosmetics Act | JMFC Can Try Offences Punishable Up To 3 Years; S. 32 Bar Not Absolute: J&K&L High Court

Holding that jurisdiction under the Drugs and Cosmetics Act is governed by the nature of punishment prescribed and not merely by the chapter under which an offence falls, the High Court of Jammu & Kashmir and Ladakh has ruled that offences punishable with imprisonment not exceeding three years can validly be tried by a specially empowered Judicial Magistrate, notwithstanding that...

Concealed Exclusion Clauses Can't Be Used To Deny Claim In Comprehensive Insurance Policies Covering Special Perils: J&K&L High Court

Reaffirming consumer rights under insurance contracts, the Jammu & Kashmir and Ladakh High Court has held that an insurer cannot evade liability by relying on obscure or undisclosed exclusion clauses, particularly where the insurance policy is issued and marketed as a comprehensive cover for 'Standard Fire and Special Perils'. The Court ruled that such hidden exclusions cannot be permitted...

S. 138 J&K Transfer Of Property Act | Transferee Cannot Take Possession Or Seek Mutation Without Registered Instrument: High Court

Reaffirming the strict statutory mandate governing transfer of immovable property in Jammu & Kashmir, the Jammu and Kashmir and Ladakh High Court has held that there cannot be a valid transfer of immovable property unless it is in writing and duly registered in accordance with Section 61(3) of the J&K Registration Act read with Section 138 of the J&K Transfer of Property...

S. 37 NDPS Act | 'Reasonable Grounds' Not Equivalent To 'Proved' Under BSA; It Would Set At Naught Bail Power: J&K&L High Court

Interpreting the stringent bail provisions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the Jammu & Kashmir and Ladakh High Court has clarified that the expression “reasonable grounds” contained in Section 37 cannot be stretched to mean 'proved' under the Bharatiya Sakshya Adhiniyam.The Court cautioned that equating “reasonable grounds” with the standard...

Suit Proceeds De Novo Upon Return Of Plaint; Proceedings Before Court Lacking Jurisdiction Are Non-Est: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has clarified that once a plaint is returned by a court for lack of jurisdiction, the entire suit must commence de novo before the competent court, even if evidence of the parties stood concluded before the court which returned the plaint.A bench of Justice Sanjay Dhar made these observations while setting aside an order of the 2nd Additional...

“Long-Settled Service Rights”: J&K&L High Court Grants Pensionary Relief To Officers Litigating Since 1986 Over Seniority

The Jammu & Kashmir and Ladakh High Court has held that repeated attempts by the Government and Police Headquarters to reframe and revise seniority lists decades later amounted to administrative patchwork and could not be used to deny long-standing service rights of officers who had been litigating since 1986.A Division Bench comprising Justice Rajnesh Oswal and Justice Rahul Bharti...

S. 223 BNSS | Pre-Cognizance Hearing Not Mandatory For S. 138 NI Act Proceedings: J&K&L High Court

The Jammu & Kashmir High Court dismissed a petition seeking the quashing of proceedings under Section 138 of the Negotiable Instruments Act, 1881, ruling that the requirement of hearing the accused at the pre-cognisance stage under Section 223 BNSS stands dispensed with for cheque dishonour cases.The Bench further noted that the initiation of a civil suit or parallel criminal proceedings...

Employer Can't Revise Service Book Post-Retirement To Cover Up Own Lapses: J&K&L High Court Quashes Recovery From Retiree

The Jammu & Kashmir and Ladakh High Court has held that an employer cannot revise service records post-retirement to the prejudice of an employee in order to cover up its own lapses, especially when the employee was not responsible for maintaining the service book and the issue stood settled by an earlier judgment of the Court.The Court was hearing a writ petition challenging the revision...

'Penal Liability Doesn't Pass On To Legal Heirs': J&K&L High Court Quashes Suspension Of Employee Over Father's Corruption Case

The Jammu & Kashmir and Ladakh High Court has held that the suspension of a government employee solely on the basis of criminal proceedings pending against his father is impermissible in law, as penal liability cannot be inherited by legal heirs.The Court was hearing a writ petition challenging an order suspending a Class-IV employee of the Jammu and Kashmir Legislative Assembly...

Remedy Lies Before CAT: J&K&L High Court Rejects Over-Age SI Aspirants' Plea; Cites Rigours Of Administrative Tribunals Act

Delineating the limits of judicial review in recruitment matters, the Jammu and Kashmir and Ladakh High Court has dismissed two clubbed writ petitions seeking age relaxation for participation in a fresh recruitment process for the post of Sub-Inspector in the J&K Police. Justice Rahul Bharti held that the writ petitions were "fated to suffer an outright dismissal" as the petitioners...

Material Alteration By Cheque Drawer To Defeat Payment Attracts S. 138 NI Act; 'Who Altered' Is A Triable Issue: J&K&L High Court

Emphasising that a material alteration in a cheque does not, by itself, absolve the accused of criminal liability, the Jammu and Kashmir and Ladakh High Court has held that the decisive factor under the Negotiable Instruments Act is not the mere presence of an alteration, but the identity of the person who made it.A bench of Justice Sanjay Dhar ruled that where an alteration is made by the...