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Jammu and Kashmir High Court Case Commentaries

Militancy Threat Alone Is Not a Defence to Prolonged Unauthorized Absence by Police Personnel; Limited-Remand Hearing Suffices: J&K High Court affirms removal in Mehraj‑ud‑Din Khan v. UT of J&K (04.09.2025)

Militancy Threat Alone Is Not a Defence to Prolonged Unauthorized Absence by Police Personnel; Limited-Remand Hearing Suffices: J&K High Court affirms removal in Mehraj‑ud‑Din Khan v. UT of J&K (04.09.2025)

Date: Sep 5, 2025
Militancy Threat Alone Is Not a Defence to Prolonged Unauthorized Absence by Police Personnel; Limited-Remand Hearing Suffices Commentary on Mehraj‑ud‑Din Khan v. Union Territory of J&K & Ors., WP(C)...
Substance Over Nomenclature: J&K High Court Treats Long‑Term “Academic Arrangements” Against Sanctioned Posts as Contractual/Consolidated Appointments Eligible for Regularization under the 2010 Act

Substance Over Nomenclature: J&K High Court Treats Long‑Term “Academic Arrangements” Against Sanctioned Posts as Contractual/Consolidated Appointments Eligible for Regularization under the 2010 Act

Date: Sep 4, 2025
Substance Over Nomenclature: J&K High Court Treats Long‑Term “Academic Arrangements” Against Sanctioned Posts as Contractual/Consolidated Appointments Eligible for Regularization under the 2010 Act...
Reading Between the Lines: J&K High Court mandates holistic scrutiny of FIRs to thwart criminalization of civil disputes under Section 482 CrPC / Section 528 BNSS

Reading Between the Lines: J&K High Court mandates holistic scrutiny of FIRs to thwart criminalization of civil disputes under Section 482 CrPC / Section 528 BNSS

Date: Sep 2, 2025
Reading Between the Lines: J&K High Court mandates holistic scrutiny of FIRs to thwart criminalization of civil disputes under Section 482 CrPC / Section 528 BNSS Introduction The High Court of Jammu...
PCDA(P) Cannot Alter Medical Board Disability Assessments; Rounding-off Applies to Superannuated Soldiers: J&K High Court affirms AFT in Union of India v. Shukar Singh

PCDA(P) Cannot Alter Medical Board Disability Assessments; Rounding-off Applies to Superannuated Soldiers: J&K High Court affirms AFT in Union of India v. Shukar Singh

Date: Aug 20, 2025
PCDA(P) Cannot Alter Medical Board Disability Assessments; Rounding-off Applies to Superannuated Soldiers: J&K High Court affirms AFT in Union of India v. Shukar Singh Introduction In Union of India...
“Setback Violations are Non-Compoundable” – A Commentary on Mohammad Rafiq Sheikh & Ors. v. Deputy Director Enforcement, SDA & Ors.

“Setback Violations are Non-Compoundable” – A Commentary on Mohammad Rafiq Sheikh & Ors. v. Deputy Director Enforcement, SDA & Ors.

Date: Jul 31, 2025
“Setback Violations are Non-Compoundable” Commentary on the Division Bench Judgment of the High Court of Jammu & Kashmir and Ladakh in Mohammad Rafiq Sheikh & Ors. v. Deputy Director Enforcement, SDA...
Extending the Section-45 PMLA “Twin Conditions” to Anticipatory Bail: Commentary on Naresh Kumar Gulia v. Directorate of Enforcement (J&K & Ladakh HC, 2025)

Extending the Section-45 PMLA “Twin Conditions” to Anticipatory Bail: Commentary on Naresh Kumar Gulia v. Directorate of Enforcement (J&K & Ladakh HC, 2025)

Date: Jul 16, 2025
Extending the Section-45 PMLA “Twin Conditions” to Anticipatory Bail – A Detailed Commentary on Naresh Kumar Gulia v. Directorate of Enforcement (2025) 1. Introduction The Jammu & Kashmir and Ladakh...
“The Srinagar Intent-Possession Doctrine” –  J&K High Court clarifies that (i) an overt act toward a woman does not amount to “outraging modesty” under Section 354 IPC unless accompanied by a discernible intent or knowledge to outrage, and (ii) criminal trespass under Section 447 IPC is not attracted in the absence of clear proof that the complainant was in exclusive possession of the disputed property.

“The Srinagar Intent-Possession Doctrine” – J&K High Court clarifies that (i) an overt act toward a woman does not amount to “outraging modesty” under Section 354 IPC unless accompanied by a discernible intent or knowledge to outrage, and (ii) criminal trespass under Section 447 IPC is not attracted in the absence of clear proof that the complainant was in exclusive possession of the disputed property.

Date: Jun 7, 2025
“The Srinagar Intent-Possession Doctrine” A Comprehensive Commentary on Raja Asif Farooq & Anr. v. Union Territory of J&K & Ors. (J&K High Court, 06 June 2025) 1. Introduction In Raja Asif Farooq &...
“Medical Evidence Alone Is Not Enough” – Basit Bashir v. UT of J&K and the Re-Statement of Courts’ Duty to Filter Charges at the Pre-Trial Stage

“Medical Evidence Alone Is Not Enough” – Basit Bashir v. UT of J&K and the Re-Statement of Courts’ Duty to Filter Charges at the Pre-Trial Stage

Date: Jun 7, 2025
“Medical Evidence Alone Is Not Enough” – Basit Bashir v. UT of J&K and the Re-Statement of Courts’ Duty to Filter Charges at the Pre-Trial Stage 1. Introduction Basit Bashir v. Union Territory of...
“Comfort-Based Procurement” Struck Down: Healthium Medtech Ltd. v. UT of J-&-K (2025)

“Comfort-Based Procurement” Struck Down: Healthium Medtech Ltd. v. UT of J-&-K (2025)

Date: Jun 3, 2025
“Comfort-Based Procurement” Struck Down: Healthium Medtech Ltd. v. UT of Jammu & Kashmir (2025) 1. Introduction WP(C) No. 2808/2024 placed before the High Court of Jammu & Kashmir and Ladakh at Jammu...
“Action Under Law” Endorsement as Deemed Direction to Register an FIR – Comment on Shakir-ul-Hassan v. Union Territory through Police Station Anantnag (2025)

“Action Under Law” Endorsement as Deemed Direction to Register an FIR – Comment on Shakir-ul-Hassan v. Union Territory through Police Station Anantnag (2025)

Date: May 31, 2025
“Action Under Law” Endorsement as Deemed Direction to Register an FIR – A Comprehensive Commentary on Shakir-ul-Hassan v. Union Territory through Police Station Anantnag (J&K High Court, 30 May 2025)...
Prem Kumar v. UT of J&K & Ors. (2025): Mandatory Disbursement of Retiral Benefits Despite Pending Police Clearance

Prem Kumar v. UT of J&K & Ors. (2025): Mandatory Disbursement of Retiral Benefits Despite Pending Police Clearance

Date: May 27, 2025
Mandatory Disbursement of Retiral Benefits Despite Pending Police Clearance – Comment on Prem Kumar v. UT of J&K & Ors. (2025) Court: High Court of Jammu & Kashmir and Ladakh (Jammu Bench) Date of...
Gazette Notification as Condition Precedent for Voluntary Coverage under the Jammu & Kashmir Provident Fund Act, 1961

Gazette Notification as Condition Precedent for Voluntary Coverage under the Jammu & Kashmir Provident Fund Act, 1961

Date: Apr 25, 2025
Gazette Notification as Condition Precedent for Voluntary Coverage under the Jammu & Kashmir Provident Funds Act, 1961 Introduction This commentary examines the judgment delivered by the High Court...
Special Court’s Authority to Determine Victim’s Age Under POCSO Act

Special Court’s Authority to Determine Victim’s Age Under POCSO Act

Date: Apr 25, 2025
Special Court’s Authority to Determine Victim’s Age Under POCSO Act Introduction Tsewang Thinles v. Union Territory of Ladakh & Anr. (2025 JKLHC-JMU 984) is a landmark decision of the Jammu & Kashmir...
Clarifying Evidentiary Threshold for Abetment of Suicide Under Section 306 IPC

Clarifying Evidentiary Threshold for Abetment of Suicide Under Section 306 IPC

Date: Apr 22, 2025
Clarifying Evidentiary Threshold for Abetment of Suicide Under Section 306 IPC Introduction In the case of State of Jammu & Kashmir through SHO, Police Station Ramban v. Ishtiyaq Ali, the High Court...
Protection of Autonomous Adult Marital Choice under Articles 19 & 21: Anamika Devi v. UT of J&K

Protection of Autonomous Adult Marital Choice under Articles 19 & 21: Anamika Devi v. UT of J&K

Date: Apr 17, 2025
Protection of Autonomous Adult Marital Choice under Articles 19 & 21: Anamika Devi v. UT of J&K Introduction In the case of Anamika Devi & Another v. Union Territory of Jammu & Kashmir & Others, the...
Acquaintance‐Based Identification and Non‐Prejudicial Charge Errors in Sexual Offence Trials Involving Child Victims

Acquaintance‐Based Identification and Non‐Prejudicial Charge Errors in Sexual Offence Trials Involving Child Victims

Date: Apr 17, 2025
Acquaintance‐Based Identification and Non‐Prejudicial Charge Errors in Sexual Offence Trials Involving Child Victims 1. Introduction This commentary examines the April 16, 2025 judgment of the Jammu...
Clarifying the Scope of Cruelty under Section 498A IPC: Acts Causing Grave Injury or Danger to Health as Cruelty

Clarifying the Scope of Cruelty under Section 498A IPC: Acts Causing Grave Injury or Danger to Health as Cruelty

Date: Apr 17, 2025
Clarifying the Scope of Cruelty under Section 498A IPC: Acts Causing Grave Injury or Danger to Health as Cruelty Introduction Ranjit Kour and Paramjit Singh (parents-in-law) together with Simratpal...
Reaffirming Bail Eligibility for Intermediate Quantities Under the NDPS Act

Reaffirming Bail Eligibility for Intermediate Quantities Under the NDPS Act

Date: Apr 14, 2025
Reaffirming Bail Eligibility for Intermediate Quantities Under the NDPS Act Introduction The judgment in the case of ABDUL HAMID v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME...
Preventing Criminal Overreach in Civil Commercial Disputes: A New Precedent

Preventing Criminal Overreach in Civil Commercial Disputes: A New Precedent

Date: Apr 11, 2025
Preventing Criminal Overreach in Civil Commercial Disputes: A New Precedent Introduction The judgment in the matter of SUSHEEL KUMAR RANA AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY HOME...
Judicial Affirmation of Contractual Flexibility: Empowering Authorities to Modify Approved DPR in Infrastructure Projects

Judicial Affirmation of Contractual Flexibility: Empowering Authorities to Modify Approved DPR in Infrastructure Projects

Date: Apr 11, 2025
Judicial Affirmation of Contractual Flexibility: Empowering Authorities to Modify Approved DPR in Infrastructure Projects Introduction The judgment in the matter of Palm Island Space Owners Welfare...
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