Jammu and Kashmir High Court Case Commentaries

Compulsory Retirement Under J&K CSR 226(2) Cannot Rest Solely on FIR Involvement; Screening Must Be Record-Based

Date: Dec 31, 2025

Compulsory Retirement Under J&K CSR 226(2) Cannot Rest Solely on FIR Involvement; Screening Must Be Record-Based 1. Introduction The Jammu & Kashmir and Ladakh High Court, in State of J AND K AND ORS...

Redemption under SARFAESI: Right Extinguishes on Valid “Publication” of the Composite Notice of Sale (30 Days Counted from the Later of Service or Public Notice)

Date: Dec 31, 2025

Redemption under SARFAESI: Right Extinguishes on Valid “Publication” of the Composite Notice of Sale (30 Days Counted from the Later of Service or Public Notice) 1. Introduction In NAZIR AHMAD BHAT...

Women-Accused Bail in Serious Offences: Proviso to Section 437(1) CrPC Must Be Meaningfully Applied (J&K High Court)

Date: Dec 30, 2025

Women-Accused Bail in Serious Offences: Proviso to Section 437(1) CrPC Must Be Meaningfully Applied 1. Introduction In SALEEMA AND ORS. v. UNION TERRITORY THROUGH POLICE STATION LARNOO (HOME) (Jammu...

Parity and Benefit of Doubt in Free-Fight Homicides: Conviction Cannot Rest on the Same Unreliable Evidence Used to Acquit Co-accused

Date: Dec 25, 2025

Parity and Benefit of Doubt in Free-Fight Homicides: Conviction Cannot Rest on the Same Unreliable Evidence Used to Acquit Co-accused Case: STATE OF J AND K THROUGH ADDITIONAL ADVOCATE GENERAL (302...

PIL Seeking Blanket Repatriation of J&K Undertrials Must Disclose Specific Transfer Orders, Affected Persons, and Bona Fides—Political or Vague PILs Dismissible for Want of Locus

Date: Dec 24, 2025

PIL Seeking Blanket Repatriation of J&K Undertrials Must Disclose Specific Transfer Orders, Affected Persons, and Bona Fides—Political or Vague PILs Dismissible for Want of Locus 1. Introduction The...

Prospective Regularization Under J&K Special Provisions Act, 2010: No Retrospective Effect Even After Completion of Seven Years Post “Appointed Day”

Date: Dec 20, 2025

Prospective Regularization Under J&K Special Provisions Act, 2010: No Retrospective Effect Even After Completion of Seven Years Post “Appointed Day” 1. Introduction The decision in GHULAM RASOOL BHAT...

Court of Inquiry Is Not a Departmental Proceeding: J&K & Ladakh High Court on Simultaneous Criminal Trial, Internal Fact‑Finding and Suspension in the BSF

Date: Dec 17, 2025

Court of Inquiry Is Not a Departmental Proceeding: J&K & Ladakh High Court on Simultaneous Criminal Trial, Internal Fact‑Finding and Suspension in the BSF 1. Introduction In Akhand Prakash Shahi v....

Pension as a Service-Rule Benefit, Not a Constitutional Entitlement, for Employees of Government‑Funded Autonomous Schools – Commentary on Abdul Majeed Parray v. UT of J&K

Date: Dec 12, 2025

Pension as a Service-Rule Benefit, Not a Constitutional Entitlement, for Employees of Government‑Funded Autonomous Schools Commentary on Abdul Majeed Parray v. Union Territory of J&K & Ors., High...

BSF Court of Inquiry Is Only Fact-Finding: Challenge on “Simultaneous Proceedings” Is Premature; Suspension May Continue Pending Criminal Trial

Date: Dec 12, 2025

BSF Court of Inquiry Is Only Fact-Finding: Challenge on “Simultaneous Proceedings” Is Premature; Suspension May Continue Pending Criminal Trial 1. Introduction The Jammu & Kashmir and Ladakh High...

Extinguishment of Borrower’s Right of Redemption on Publication of Auction Notice under Section 13(8) SARFAESI: Commentary on M/s Gogi Motor Store v. Citizen’s Co-operative Bank Ltd.

Date: Dec 10, 2025

Extinguishment of Borrower’s Right of Redemption on Publication of Auction Notice under Section 13(8) SARFAESI: Case Commentary on M/s Gogi Motor Store v. Citizen’s Co-operative Bank Ltd. & Anr. 1....

Independent Satisfaction and Direct Resort to Preventive Detention under the J&K Public Safety Act: Commentary on Waseem Ahmad Dar v. UT of J&K

Date: Dec 10, 2025

Independent Satisfaction and Direct Resort to Preventive Detention under the J&K Public Safety Act: Commentary on Waseem Ahmad Dar v. Government of J&K & Ors. 1. Introduction This commentary examines...

“Reasonable Grounds” Under Section 37 NDPS Act Are Less Than Proof: Commentary on Afraz Mehboob Tak v. Union of India

Date: Dec 9, 2025

“Reasonable Grounds” Under Section 37 NDPS Act Are Less Than Proof: A Detailed Commentary on Afraz Mehboob Tak v. Union of India I. Introduction The judgment in Afraz Mehboob Tak v. Union of India &...

Evacuee Property “Leases” as Non‑Heritable Licences: Heirs Must Seek Fresh Allotment on Premium and Cannot Invoke Rent‑Control Protection

Date: Dec 8, 2025

Evacuee Property “Leases” as Non‑Heritable Licences: Heirs Must Seek Fresh Allotment on Premium and Cannot Invoke Rent‑Control Protection Commentary on Ishtiaq Ahmad Mir & Ors. v. Custodian General &...

State Cannot Withhold Admitted Contractual Dues on Plea of Lack of Funds or Absence of Administrative Approval – Commentary on M/S Rightway Constructions Company v. UT of J&K

Date: Dec 5, 2025

State’s Duty to Pay Admitted Contractual Dues Despite Internal Sanctions or Shortage of Funds: A Commentary on M/S Rightway Constructions Company v. Union Territory of J & K & Ors. 1. Introduction...

Minority of Prosecutrix Cannot Cure Foundational Doubts: The “Sterling Witness” Standard in Rape Appeals — Commentary on Sanjay Kumar & Anr. v. State (J&K High Court, 2025)

Date: Dec 5, 2025

Minority of Prosecutrix Cannot Cure Foundational Doubts: The “Sterling Witness” Standard in Rape Appeals — Commentary on Sanjay Kumar & Anr. v. State (J&K High Court, 04.12.2025) I. Introduction The...

Last Seen, Dock Identification and Section 106 in Circumstantial Murder: Commentary on Arvind Verma & Anr. v. State (J&K High Court, 28.11.2025)

Date: Dec 4, 2025

Last Seen, Dock Identification and Section 106 in Circumstantial Murder: Commentary on Arvind Verma & Anr. v. State, J&K High Court (28.11.2025) 1. Introduction The judgment in Arvind Verma & Anr. v....

Cross-LoC Barter Trade as Intra‑State Supply under GST and Validity of Composite Section 74 Show Cause Notices – Commentary on M/s R.J.M. Brothers v. Union of India & Ors.

Date: Nov 28, 2025

Cross-LoC Barter Trade as Intra‑State Supply under GST and Validity of Composite Section 74 Show Cause Notices – Commentary on M/s R.J.M. Brothers v. Union of India & Ors. 1. Introduction The...

Impleadment of Manufacturer and Joint Liability for Warranty-Period Defects under Consumer Law: Commentary on Maruti Suzuki India Ltd. v. Mohammad Ashraf Khan

Date: Nov 28, 2025

Impleadment of Manufacturer and Joint Liability for Warranty-Period Defects under Consumer Law: Commentary on Maruti Suzuki India Limited v. Mohammad Ashraf Khan & Ors 1. Introduction This commentary...

“Bail is the Rule” in Economic Offences under BNSS: Multiple FIRs and Criminal Antecedents Not a Bar Once Investigation is Complete – Commentary on Nagraj V. v. UT of J&K

Date: Nov 27, 2025

“Bail is the Rule” in Economic Offences under BNSS: Multiple FIRs and Criminal Antecedents Not a Bar Once Investigation is Complete 1. Introduction The judgment in Nagraj V v. Union Territory of...

Prolonged Incarceration Alone Cannot Dilute Section 37 NDPS Bar on Bail in Commercial Quantity Cases – Commentary on Shahnawaz Ahmad Dar v. Union Territory of J&K (Police Station Bijbehara)

Date: Nov 25, 2025

Prolonged Incarceration Alone Cannot Dilute Section 37 NDPS Bar on Bail in Commercial Quantity Cases 1. Introduction The decision of the High Court of Jammu & Kashmir and Ladakh at Srinagar in...