Mere Receipt Of Funds From Co-Accused Not 'Financing Illicit Trafficking': J&K&L High Court Grants Bail In NDPS Case

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused charged under Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), holding that mere receipt of funds from co-accused does not prima facie amount to financing of illicit trafficking unless there is material to show actual financing or harbouring within the meaning of the statute.A bench of Justice Rajesh Sekhri observed that the statutory ingredients of Section 27A, financing illicit...

“Very Shocking”: J&K&L High Court Flags 4-Year Delay in Deciding Appeal, Questions Recovery of ₹2.82 Crore Under Himayat Scheme

The Jammu & Kashmir and Ladakh High Court has expressed strong displeasure over an unexplained delay of more than four years in deciding a statutory appeal, even as coercive recovery and penalty proceedings were initiated against a project implementation agency under the Himayat Scheme.Justice Wasim Sadiq Nargal, while hearing a writ petition filed by Eduspark International Pvt. Ltd., described the situation as “very shocking” and sought an explanation from the authorities as to why an...

Writ Not Maintainable For Enforcement Of Private Service Contract Against Unaided School: J&K&L High Court

The Jammu & Kashmir High Court held that a writ petition under Article 226 of the Constitution is not maintainable for enforcement of service-related rights arising out of a private contract between a teacher and a private unaided school.A bench of Justice Sanjay Dhar reiterated that though private educational institutions may, in certain circumstances, be amenable to writ...

Just Compensation Paramount: J&K&L High Court Enhances MACT Award Despite No Cross-Appeal By Claimants

The Jammu & Kashmir and Ladakh High Court held that an appellate court can enhance compensation in a motor accident case even in the absence of a cross-appeal or cross-objections by the claimants, if the compensation awarded by the Tribunal is found to be inadequate.A bench of Justice Sindhu Sharma made the observation while dismissing an appeal filed by the Union of India challenging...

Jammu & Kashmir And Ladakh High Court Weekly Roundup February 2 - February 8, 2026

Nominal Index:Mohd. Ashraf Dar vs UT of J&K 2026 LiveLaw (JKL) 33Malika Vs UT Of J&K 2026 LiveLaw (JKL) 34UT Of J&K Vs Gulzar Ahmad Khan 2026 LiveLaw (JKL) 35New Convent High School Vs Union of India 2026 LiveLaw (JKL) 36Huzaif Ahmad Dar Vs UT Of J&K 2026 LiveLaw (JKL) 37Mushtaq Ahmad Bakshi 2026 LiveLaw (JKL) 38State Of J&K Vs Dhanwanter Singh and ors 2026 LiveLaw...

Surrender Of Absconding Accused After Filing Of Challan Not Grounds For Police Custody When Co-Accused Already Acquitted: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has ruled that mere surrender of an absconding accused after filing of challan does not create a right in favour of the prosecution to seek police custody, particularly when the prosecution rests on the very same evidence on which co-accused have already been acquitted, the High Court of Jammu & Kashmir and Ladakh has held.Justice Sanjay...

J&K&L High Court Stays Defamation Proceedings Against Film Director Aditya Dhar Over 'Article 370' Movie

The High Court of Jammu & Kashmir and Ladakh has stayed further proceedings in a criminal defamation complaint filed against filmmaker Aditya Dhar and others, arising out of the feature film Article 370.The order was passed by Justice Moksha Khajuria Kazmi in a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, assailing the criminal complaint as well...

Public Prosecutor Has No Independent Authority To Seek Police Remand Without Police's Request: J&K&L High Court

Holding that a Public Prosecutor has no independent authority to seek police remand under Section 167 CrPC unless such a request emanates from the Investigating Agency, the High Court of Jammu & Kashmir and Ladakh has ruled that police custody must be rooted in investigative necessity expressed by the police and not prosecutorial discretion.Justice Sanjay Parihar, while dismissing a...

Roshni Act Being Declared Unconstitutional Does Not Nullify Cases Under Prevention Of Corruption Act: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has ruled that criminal prosecutions launched in connection with irregularities under the Roshni Act can lawfully continue even though the Act itself has been declared unconstitutional and void from its inception.Holding that corruption cannot be legitimised or erased by the invalidation of the statute under which it was committed, the Court made...

Once Cessation Of Threat Is Admitted By Detaining Authority, Preventive Detention Becomes Arbitrary: J&K&L High Court

Emphasising a cardinal constitutional safeguard, the Jammu and Kashmir and Ladakh High Court has recently reiterated that without a current or proximate threat to security, preventive detention becomes arbitrary and legally unsustainable.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal observed that once the detaining authority itself acknowledges that the...

Education Not Charity Alone; Private Unaided Institutions Entitled To Reasonable Returns: J&K&L High Court

Observing that commercialisation and profiteering do not completely rule out the element of creating surplus for future activities or earning reasonable returns on investments, the Jammu & Kashmir and Ladakh High Court has recently clarified the constitutional position of private unaided educational institutions in the contemporary education system.A Division Bench of Justice Sanjeev...

After Allowing Employee To Serve for 25 Years, State Cannot Cry 'Illegal Appointment: J&K&L High Court Upholds Retiral Benefits

Holding that the State cannot wake up after decades to question the legality of an employee's appointment, the High Court of Jammu & Kashmir and Ladakh has ruled that having allowed an employee to serve for nearly 25 years, it is far too late for the authorities to contend that his appointment was illegal.The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal...