Jammu and Kashmir High Court Case Commentaries

Waiver of Statutory Right of Pre‑emption by Conduct: Commentary on Iqbal Singh v. Durga Devi (J&K High Court, 2025)

Date: Nov 22, 2025

Waiver of Statutory Right of Pre‑emption by Conduct: Commentary on Iqbal Singh v. Durga Devi & Ors. (J&K High Court, 21 November 2025) I. Introduction The judgment in CFA No. 19/2001, Iqbal Singh v....

Section 138 J&K Transfer of Property Act: No Lawful Possession or Title Without a Written Registered Instrument

Date: Nov 22, 2025

Section 138 J&K Transfer of Property Act: No Lawful Possession or Title Without a Written Registered Instrument 1. Introduction Mst. Khati v. Abdul Rashid Salroo (Jammu & Kashmir and Ladakh High...

Symbolic Surrender as Compliance with Section 7(b) for Appeals under the J&K Migrant Property Act, 1997

Date: Nov 22, 2025

Symbolic Surrender as Compliance with Section 7(b) for Appeals under the J&K Migrant Property Act, 1997 Case: FAROOQ AHMAD DAR v. UNION TERRITORY OF J AND K AND ORS. (REVENUE) Court: High Court of...

"Wages Follow the Post, Not the Person": Commentary on Umer Mukhtar Mir v. UT of J&K & Ors.

Date: Nov 15, 2025

"Wages Follow the Post, Not the Person": Commentary on Umer Mukhtar Mir v. Union Territory of J&K & Ors. (Forest Department) 1. Introduction The judgment of the High Court of Jammu & Kashmir and...

Simultaneous Criminal and Departmental Proceedings in Sexual Misconduct Cases within Uniformed Forces: Commentary on Akhand Prakash Shahi v. Union of India & Anr.

Date: Nov 15, 2025

Simultaneous Criminal and Departmental Proceedings in Sexual Misconduct Cases within Uniformed Forces: Commentary on Akhand Prakash Shahi v. Union of India & Anr., J&K High Court (2025) 1....

Doctrine of Merger, SLP Dismissal, and Scope of Review: Commentary on Zahida Shah & Anr. v. Bilal Ahmad Dar & Ors.

Date: Nov 9, 2025

Doctrine of Merger, SLP Dismissal, and Scope of High Court Review Jurisdiction A Commentary on Zahida Shah & Anr. and Dr. Sham-su-nisa & Ors. v. Bilal Ahmad Dar & Ors. (Jammu & Kashmir and Ladakh...

Ad Hoc Service and the NPS Cut-Off: Commentary on Adnan Wani & Ors. v. High Court of J&K & Ladakh

Date: Nov 8, 2025

Ad Hoc Service Cannot Override the NPS Cut‑Off: A Detailed Commentary on Adnan Wani & Ors. v. High Court of J&K & Ladakh 1. Introduction 1.1. Case Overview This commentary examines the judgment of...

Substantive Posts vs. Session-Based Academic Arrangements: Scope of the “Ad Hoc Cannot Replace Ad Hoc” Doctrine

Date: Nov 8, 2025

Substantive Posts vs. Session-Based Academic Arrangements: Scope of the “Ad Hoc Cannot Replace Ad Hoc” Doctrine I. Introduction The Division Bench of the High Court of Jammu & Kashmir and Ladakh at...

Post-Retirement Recovery from Pension under J&K CSR Article 168‑A Requires a Specific Charge and Proven “Loss to Government”; CCA proceedings cannot be used after superannuation — J&K High Court in Sudershan Mehta v. UT of J&K

Date: Sep 12, 2025

Post-Retirement Recovery from Pension under J&K CSR Article 168‑A Requires a Specific Charge and Proven “Loss to Government”; CCA proceedings cannot be used after superannuation — J&K High Court in...

NHAI’s power to use acquired land for wayside amenities upheld: establishing a petrol pump on surplus highway land remains a “public purpose” and does not revert to the original owner

Date: Sep 12, 2025

NHAI’s power to use acquired land for wayside amenities upheld: establishing a petrol pump on surplus highway land remains a “public purpose” and does not revert to the original owner Introduction In...

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

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

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

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.

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)

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...

“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)

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)

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)...