Jammu and Kashmir High Court Case Commentaries

Vague Preventive-Detention Grounds and Event-Linked Detention: Dual Invalidating Factors under Article 22(5)

Date: May 20, 2026

Vague Preventive-Detention Grounds and Event-Linked Detention: Dual Invalidating Factors under Article 22(5) Case: RAYEES AHMAD LONE v. UNION TERRITORY OF J AND K AND ORS. (HOME) Court: High Court of...

Strict “Sufficient Cause” Standard for Belated High Court Review After Unsuccessful Supreme Court Challenge

Date: May 20, 2026

Strict “Sufficient Cause” Standard for Belated High Court Review After Unsuccessful Supreme Court Challenge 1. Introduction This decision of the Jammu & Kashmir and Ladakh High Court (Division Bench)...

Post-Superannuation Dismissal Valid Where Disciplinary Proceedings Were Initiated in Service; Writ Review Limited to Process, Not Merits

Date: May 15, 2026

Post-Superannuation Dismissal Valid Where Disciplinary Proceedings Were Initiated in Service; Writ Review Limited to Process, Not Merits 1. Introduction This Letters Patent Appeal (LPA No. 233/2025)...

Juveniles Cannot Be Preventively Detained Under PSA on the Basis of Acts Committed During Juvenility

Date: May 12, 2026

Juveniles Cannot Be Preventively Detained Under PSA on the Basis of Acts Committed During Juvenility 1. Introduction In FARIZ GULZAR v. UNION TERRITORY OF J AND K AND ANR. (HOME) (Jammu & Kashmir and...

Nazool Lease Regularization Must Follow the Correct Regime (1981 Policy), Not Roshni; Unrelated Prior Writs Are Not “Material Suppression”

Date: May 11, 2026

Nazool Lease Regularization Must Follow the Correct Regime (1981 Policy), Not Roshni; Unrelated Prior Writs Are Not “Material Suppression” 1. Introduction This decision of the High Court of Jammu &...

Government Order S-432 (1966): Prior Permission for Alienation Treated as Otiose; Long-standing Single-Judge View to be Followed under Stare Decisis

Date: May 5, 2026

Government Order S-432 (1966): Prior Permission for Alienation Treated as Otiose; Long-standing Single-Judge View to be Followed under Stare Decisis Court: High Court of Jammu & Kashmir and Ladakh at...

Section 37 NDPS “Twin Conditions” Remain Mandatory for Post-Conviction Suspension of Sentence; Long Incarceration/Article 21 Cannot Dilute the Statutory Rigour

Date: May 1, 2026

Section 37 NDPS “Twin Conditions” Remain Mandatory for Post-Conviction Suspension of Sentence; Long Incarceration/Article 21 Cannot Dilute the Statutory Rigour 1) Introduction The High Court of Jammu...

Bail under Section 483 BNSS in Section 111 BNS “Organized Crime” Prosecutions: Economic-Offence Label and Pending Further Investigation Are Not Standalone Grounds to Refuse Bail

Date: May 1, 2026

Bail under Section 483 BNSS in Section 111 BNS “Organized Crime” Prosecutions: Economic-Offence Label and Pending Further Investigation Are Not Standalone Grounds to Refuse Bail 1. Introduction In...

Deputation Benefits Rule: Parent Body Pays Gratuity with Statutory Interest; Borrowing Body Pays Leave Salary and Seeks Reimbursement

Date: May 1, 2026

Deputation Benefits Rule: Parent Body Pays Gratuity with Statutory Interest; Borrowing Body Pays Leave Salary and Seeks Reimbursement 1. Introduction In M NASEER U ZAMAN v. MANAGING DIRECTOR, J AND K...

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...

Section 482 Cr.PC/Section 528 BNSS: FIR Not Determinative; Quashing of Murder Charge Impermissible Where Charge-sheet, Eyewitness Support and Post-mortem Show Prima Facie Causation

Date: Apr 19, 2026

Section 482 Cr.PC/Section 528 BNSS: FIR Not Determinative; Quashing of Murder Charge Impermissible Where Charge-sheet, Eyewitness Support and Post-mortem Show Prima Facie Causation Case: MANGA RAM v....

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....