Jammu and Kashmir High Court Case Commentaries

Suppression of Failed Bail-Cancellation Efforts Vitiates “Subjective Satisfaction” under the PIT NDPS Act

Date: Jun 8, 2026

Suppression of Failed Bail-Cancellation Efforts Vitiates “Subjective Satisfaction” under the PIT NDPS Act Case: MAKHAN DIN v. PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS...

Compensation Claims for Public Works Require Proof of Proprietary Encroachment; Individuals Cannot Claim Compensation for Kahcharai Land

Date: Jun 8, 2026

Compensation Claims for Public Works Require Proof of Proprietary Encroachment; Individuals Cannot Claim Compensation for Kahcharai Land Case: MOHAMMAD SULTAN DAR AND OTHERS v. UNION TERRITORY OF J...

PEG Godown Contracts: Estoppel by Undertaking and Validity of Cost-Saving Recoveries for Delayed Black-Topping

Date: Jun 7, 2026

PEG Godown Contracts: Estoppel by Undertaking and Validity of Cost-Saving Recoveries for Delayed Black-Topping Case: M/S ALPINE AGRO SERVICES v. UNION OF INDIA AND ORS. (CONSUMER AFFAIRS AND PUBLIC...

Contractual ECHS Termination for Unsatisfactory Performance Is Not “Punitive” or “Stigmatic” So as to Require a Formal Enquiry (Article 311 Inapplicable)

Date: Jun 7, 2026

Contractual ECHS Termination for Unsatisfactory Performance Is Not “Punitive” or “Stigmatic” So as to Require a Formal Enquiry (Article 311 Inapplicable) Case: Manzoor Ahmad Bhat v. UNION OF INDIA...

Affiliation Binds: Board’s Power to “Prescribe Textbooks” Includes Mandating Exclusive Use of Board-Published Textbooks in Affiliated Schools

Date: Jun 7, 2026

Affiliation Binds: Board’s Power to “Prescribe Textbooks” Includes Mandating Exclusive Use of Board-Published Textbooks in Affiliated Schools 1. Introduction This Letters Patent Appeal (LPA No. 241...

Section 143A NI Act: Interim Compensation Must Follow Reasoned, Case-Specific Discretion

Date: Jun 7, 2026

Section 143A NI Act: Interim Compensation Must Follow Reasoned, Case-Specific Discretion (and Will Not Be Quashed if Reasons Are Discernible) 1. Introduction In MOHAMMAD ASHRAF MIR v. WAZIRA RESHI...

Second Appeal Gatekeeping under Section 100 CPC: Unregistered “Tahrirnama” Cannot Prove Transfer/Possession in Kashmir, Nor Dislodge Presumption of Revenue Entries

Date: Jun 6, 2026

Second Appeal Gatekeeping under Section 100 CPC: Unregistered “Tahrirnama” Cannot Prove Transfer/Possession in Kashmir, Nor Dislodge Presumption of Revenue Entries Case: ABDUL AZIZ MIR v. TARIQ AHMAD...

Cancellation of Bail for Perverse Bail Orders Based on Irrelevant Factors and “Mini‑Trial” Evaluation—Heightened Societal Impact Scrutiny in Rape Prosecutions

Date: Jun 6, 2026

Cancellation of Bail for Perverse Bail Orders Based on Irrelevant Factors and “Mini‑Trial” Evaluation—Heightened Societal Impact Scrutiny in Rape Prosecutions 1. Introduction The decision in UNION...

No Compassionate Regularisation or Redeployment for Post-Retirement Death; Consolidated JKCL Workers Limited to Unpaid Wages (with Interest)

Date: Jun 6, 2026

No Compassionate Regularisation or Redeployment for Post-Retirement Death; Consolidated JKCL Workers Limited to Unpaid Wages (with Interest) Case: SHAHID MEHRAJ v. UNION TERRITORY OF J AND K AND ANR....

Terminal Benefits Cannot Be Withheld on a Mere Pending Investigation: Article 168-A J&K CSR Requires Determination of Loss in Judicial/Departmental Proceedings

Date: Jun 6, 2026

Terminal Benefits Cannot Be Withheld on a Mere Pending Investigation: Article 168-A J&K CSR Requires Determination of Loss in Judicial/Departmental Proceedings 1. Introduction In VIKAR MUSTAFA...

Bail under POCSO: “Tacit Approval in Fact” May Mitigate Severity at the Bail Stage Despite No Consent in Law

Date: Jun 6, 2026

Bail under POCSO: “Tacit Approval in Fact” May Mitigate Severity at the Bail Stage Despite No Consent in Law Case: SHAHNAWAZ AMIN SHAN TH.HIS FATHER v. UNION TERRITORY OF J AND K TH.S.H.O PS MAGAM...

Disclosure Statements Cannot Substitute Proof: Section 27 Evidence Act Limited to Discovery; Circumstantial Chain Must Be Complete

Date: Jun 5, 2026

Disclosure Statements Cannot Substitute Proof: Section 27 Evidence Act Limited to Discovery; Circumstantial Chain Must Be Complete Case: ALI MOHAMMAD DAR v. UNION TERRITORY THORUGH POLICE STATION...

Dispensing with Departmental Enquiry on “Security of the State” Grounds: Reasons Need Not Appear in the Dismissal Order if Contemporaneous Record Supports the Governor’s Satisfaction

Date: Jun 4, 2026

Dispensing with Departmental Enquiry on “Security of the State” Grounds: Reasons Need Not Appear in the Dismissal Order if Contemporaneous Record Supports the Governor’s Satisfaction 1) Introduction...

Vacillating Pleadings and Inordinate Delay Defeat Writ Claims for University Medals

Date: Jun 4, 2026

Vacillating Pleadings and Inordinate Delay Defeat Writ Claims for University Medals Case: IBRAR BASHIR SHIRAZI v. UNIVERSITY OF KASHMIR Court: High Court of Jammu & Kashmir and Ladakh, Srinagar...

PCDA(P) Cannot Override Review Medical Board: Presumption of Attributability for Post-Enrolment Disabilities and Rounding-Off of Disability Pension

Date: May 31, 2026

PCDA(P) Cannot Override Review Medical Board: Presumption of Attributability for Post-Enrolment Disabilities and Rounding-Off of Disability Pension Case: UNION OF INDIA TH SECRETARY TO GOVT OF INDIA...

Primacy of the Minor’s Life Over Reproductive Choice: No Court-Ordered MTP Beyond Statutory Limits When the Medical Board Flags Grave Risk, with Mandatory State Rehabilitation

Date: May 28, 2026

Primacy of the Minor’s Life Over Reproductive Choice: No Court-Ordered MTP Beyond Statutory Limits When the Medical Board Flags Grave Risk, with Mandatory State Rehabilitation 1) Introduction Case:...

Arbitration Can Be Invoked Despite Unworkable DRE/Adjudicator Pre-Step When Employer-Termination Dispute Falls Outside GCC Clause 24 and PCC Arbitration Clause Is Broad

Date: May 23, 2026

Arbitration Can Be Invoked Despite Unworkable DRE/Adjudicator Pre-Step When Employer-Termination Dispute Falls Outside GCC Clause 24 and PCC Arbitration Clause Is Broad Case: M/S HASSAN ROADS...

Bail under UAPA Section 13: “Nascent Investigation” as an Independent Ground; Thwaha Fasal Distinguished Pre-Chargesheet

Date: May 22, 2026

Bail under UAPA Section 13: “Nascent Investigation” as an Independent Ground; Thwaha Fasal Distinguished Pre-Chargesheet 1. Introduction In IMTIYAZ QADIR BHAT AND ANR TH.THEIR FATHERS v. UNION...

Sub-Registrar’s Duty to Decide Registration: No Indefinite Pendency; Vendee-Built Structures Need Not Be Treated as Sale Subject

Date: May 22, 2026

Sub-Registrar’s Duty to Decide Registration: No Indefinite Pendency; Vendee-Built Structures Need Not Be Treated as Sale Subject 1. Introduction In NAZIRA BEGUM v. UT THROUGH INSPECTOR GENERAL OF...

Rule 2.4.3 FSS Rules: “Erroneous” Food Analyst Report Includes Incomplete Testing; Referral Lab Report Prevails; No Pre-Hearing Required

Date: May 22, 2026

Rule 2.4.3 FSS Rules: “Erroneous” Food Analyst Report Includes Incomplete Testing; Referral Lab Report Prevails; No Pre-Hearing Required 1. Introduction In S. D. MEVADA AND ANR. v. UNION TERRITORY...