J&K&L High Court Upholds Posthumous Regularisation Of Employee Who Served 21 Years, Says Accrued Rights Cannot Be Defeated By Repeal Of Law

The Jammu & Kashmir and Ladakh High Court has held that a right accrued to a deceased employee cannot be taken away retrospectively, and the repeal of an Act or Rule cannot be applied to defeat a right that had crystallized under the repealed Act, more so when such action amounts to violation of Articles 14 and 16 of the Constitution of India.The Court was hearing a writ petition filed by the Union Territory of Jammu & Kashmir challenging the order and judgment passed by the Central...

Jammu & Kashmir And Ladakh High Court Quarterly Digest January 2026 - March 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...

Recruitment Process Cannot Be Scrapped Solely Over Non-Issuance Of EOI While Engaging Exam-Conducting Agency: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a recruitment process cannot be scrapped solely on the ground of non-issuance of a Request for Proposal (RFP) or Expression of Interest (EOI) in the engagement of an examination-conducting agency, particularly when the process has reached an advanced stage, and no irregularity is alleged in the conduct of the examination.The...

J&K&L High Court Upholds Detention Of Alleged OGW, Says Contact With Pakistani Terror Handler Shows Continuing Threat

The High Court of Jammu & Kashmir and Ladakh has upheld a preventive detention order under the Public Safety Act, 1978, holding that continued involvement of the detenue as an Over Ground Worker (OGW) for terrorist outfits, including The Resistance Front (TRF), coupled with communication with a Pakistani handler through Dark Web applications, demonstrates a sustained threat to the security...

Judicial Grace In Addressing Bar Is Non-Negotiable; Courts Must Moderate Tone & Temper, Especially With Senior Advocates: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has reminded trial courts that the propriety of judicial conduct and temper in addressing the Bar is a non-negotiable aspect of judicial grace, particularly when senior advocates with long-standing experience and due sense of responsibility are representing litigants. The Court observed that a court is supposed to moderate its tone and tenor...

“Writ Jurisdiction Cannot Be Permitted To Be Abused”: J&K&L High Court Imposes ₹50K Cost For Suppression Of Material Facts

The Jammu & Kashmir and Ladakh High Court has dismissed a writ petition under Article 227 of the Constitution with costs of ₹50,000, holding that the petitioners had approached the Court with tainted hands by suppressing material facts, including the fact that the trial court had already stayed the execution of the impugned order at their own instance. The Court reiterated that the...

NIA Act | Special Court Must Transfer Case To Regular Criminal Court If No Scheduled Offence Is Found After Cognisance: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that where even after taking cognizance of offences, a Special Court finds that no scheduled offence is made out against the accused, the case must be transferred to the normal criminal court in terms of Section 20 of the National Investigation Agency Act, 2008.The Court clarified that the Special Court has no option but to exercise its...

General Land Register Entries Not Conclusive Proof Of Title, Cannot Override Revenue Records Or Natural Justice: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that entries in the General Land Register (GLR) do not carry probative value where such records are prepared without affording an opportunity of hearing to affected persons, and cannot be treated as conclusive proof of title over land.The Court was hearing a writ petition challenging an eviction order issued under the Public...

J&K&L High Court Flags Persistent Non-Filing Of Replies By Government; Seeks Presence Of Law Secretary

The High Court of Jammu & Kashmir and Ladakh has flagged the continued failure of Government authorities to file replies and assist the Court effectively, observing that despite repeated directions, no concrete mechanism has been put in place to address the issue, thereby hampering the justice delivery system.The Court was hearing a writ petition wherein, despite multiple opportunities,...

J&K&L High Court Grants Bail To Former MLA, Councillor In Ladakh Protest FIR After Seven Months' Custody

The High Court of Jammu & Kashmir and Ladakh has granted bail to a former MLA and an LAHDC councillor accused in connection with the Ladakh protest incident, holding that continued incarceration was not warranted in the facts of the case.The Court was hearing successive bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in FIR No....

Interim Compensation U/S 143A NI Act Discretionary; Cannot Be Granted Mechanically: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the power to grant interim compensation under Section 143A of the Negotiable Instruments Act, 1881, is discretionary in nature and cannot be exercised in a routine or mechanical manner without recording reasons and undertaking a prima facie evaluation of the case.The Court was hearing a petition challenging an order passed by...

CPC Applies To Election Petitions Only Subject To RP Act; 'Proper Parties' Cannot Be Added Beyond Statute: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the procedure prescribed under the Code of Civil Procedure is applicable to the trial of election petitions only, subject to the provisions of the Representation of the People Act, 1951. The Court clarified that anything contained in the CPC which is contrary to the provisions of the Act of 1951 cannot be made applicable to the trial...