Dialogue Between Accused And Court Is Essential For Fair Trial: J&K High Court Sets Aside Conviction, Orders Retrial

Underscoring the importance of a robust dialogue between the accused and the court during a criminal trial the Jammu and Kashmir and Ladakh High Court emphasised that the non-compliance with JSection 342 (Pari Materia with Sec 313 of CrPC 1973) of the Criminal Procedure Code (CrPC) had prejudiced the accused and necessitated a retrial.Justice Vinod Chatterji Koul, while setting aside...

Jammu & Kashmir And Ladakh High Court Monthly Digest: July 2024

Nominal Index:MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA 2024 LiveLaw (JKL) 175Gorav Sayal Vs UT of J&K 2024 LiveLaw (JKL) 176Ramtech Software Private Limited Vs Ut Of J&K And Another 2024 LiveLaw (JKL) 177Manzoor Ahmad Yatoo Vs UT of J&K 2024 LiveLaw (JKL) 178Bansi Lal Vs UT of J&K 2024 LiveLaw (JKL) 179Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw (JKL) 180Yawar Ahmad Malik...

Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that proceedings under Section 138 of the Negotiable Instruments Act (N.I. Act) are justified in cases stemming from commercial transactions, regardless of the civil nature of the underlying transaction.A bench of Justice Sanjay Dhar explained that since cheque bounce cases stem from commercial transactions between parties. Chapter XVII of...

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs

The Jammu and Kashmir and Ladakh High Court on Friday ruled that filing representations on stale matters or those barred by limitation cannot create a fresh cause of action or revive a dead claim, even if these representations are considered by competent authorities or the Court directs their consideration.In dismissing a petition seeking promotional benefits twenty-six years after having...

Jammu And Kashmir High Court Orders IAS Officer To Appear In Criminal Contempt Case Following Alleged Harassment Of Judicial Officer

The Jammu and Kashmir and Ladakh High Court has issued a stern order against Shyambir Singh, Deputy Commissioner of Ganderbal, instructing him to appear in person to answer charges of criminal contempt.Following a reference made by the Chief Judicial Magistrate of Ganderbal, Justices Atul Sreedharan and Sanjeev Kumar observed, “Issue notice to the contemnor, Mr Shyambir by Humdast. ...

"Creating False Equivalence & Illusion": High Court Orders Fresh Promotion Test For J&K Banking Associates, Declares Current Process Unfair

Reiterating that inequals cannot be treated equally, the Jammu and Kashmir and Ladakh High Court has ruled the selection process for Banking Associates under the Seniority cum Selectivity channel to be illegal and arbitrary.The court has further directed the J&K Bank to conduct a fresh eligibility screening test for the petitioners, who are non-IBPS Banking Associates.Differentiating...

S.471 RPC | Fraudulent Use Of Forged Documents Is Punishable Even If Not Personally Forged By Accused: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has ruled that individuals can be held guilty under Section 471 of the Ranbir Penal Code (RPC) for using forged documents as genuine, even if they did not personally forge the document.A bench comprising Justice Sanjay Dhar explained Section 471 RPC is intended to apply to persons other than the forger himself but the forger himself is not excluded...

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation.Justice Sanjay Dhar emphasized that the responsibility of a magistrate in such cases cannot be reduced to a mere mechanical exercise.Highlighting the responsibility of...

Defamatory Statements In Pleadings Or Petitions Amount To Publication Under Section 499 IPC: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has ruled that defamatory statements made in court pleadings amount to publication and can form the basis for the prosecution of such client for an offence under Section 499.Justice Sanjay Dhar, while adjudicating the matter, stated, “The law is well settled that when pleadings containing defamatory material are relied before a court of law,...

Minor Staying With Father Cannot Be Termed Illegal Confinement, Not Proper To Assume Only Mother Is Important For Child: J&K High Court

Underscoring the paramount importance of both parents in a child's life, the Jammu and Kashmir and Ladakh High Court has severely reprimanded a magistrate for illegally ordering the custody of a minor child to the mother under Section 97 of the CrPC.A bench of Justice Moksha Khajuria Kazmi emphasized that a child's custody with the father cannot be considered wrongful confinement.“The fact...

Jammu & Kashmir High Court Initiates Proceedings To Scrutinize Allegations Of Encroachment, Ecological Threats in Ladakh

The Jammu & Kashmir and Ladakh High Court has initiated proceedings to scrutinize allegations of encroachment and ecological threats in Ladakh. The order was issued by Acting Chief Justice Tashi Rabstan and Justice Rajnesh Oswal.The court had earlier received a letter under the subject “Save Ladakh's Environment, Ecology and Land from Encroachers and Resolve the Boundary Dispute...

Proving Intent For Issuing Cheque Not Required U/S 138 NI Act, But Is Essential For Prosecution U/S 420 IPC: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court delivered a judgment quashing a complaint against a petitioner under Section 138 of the Negotiable Instruments Act, 1881 stating that the intent at the time of issuance of the cheque does not need to be proven for Section 138, whereas it is vital for Section 420 IPC.The case originated from a business transaction where the respondents engaged...