High Court of J & K and Ladakh
UAPA | Plea For Default Bail Filed A Day Before Expiry Of Authorized Custody Period Not Maintainable: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has made it clear that a plea for default bail filed a day before the expiry of authorized custody period under the Unlawful Activities (Prevention) Act (UAPA) is not maintainable.Finding that the appellant in this case had moved an application for default bail on the 90th day of the 90-days authorized custody period, a bench of Justices Sanjeev...
Objections U/S 47 CPC Must Be Raised At Initial Stages, Cannot Be Entertained Once Court Has Issued Order For Effective Execution: J&K High Court
The Jammu and Kashmir and Ladakh High Court has clarified that objections under Section 47 CPC must be raised at the initial stages of the execution application and these objections cannot be raised once the court has already exercised its jurisdiction, issued an order for effective execution, and called for a compliance report.Furthermore, Justice Javed Iqbal Wani stressed that objections...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: October 30 - November 5, 2023
Nominal Index:Shamsher Singh Manhas V/s State of J&K and others 2023 LiveLaw (JKL) 273Jagdish Chander Vs Union Of India 2023 LiveLaw (JKL) 274M/S Ali Shah Versus Union of India 2023 LiveLaw (JKL) 275FAROOQ AHMAD LONE Vs STATE OF J&K & OTHERS 2023 LiveLaw (JKL) 276Khursheed Ahmad Chohan Vs UT of JK and others 2023 LiveLaw (JKL) 277Abdul Rehman Nath V/s Umar Mohammad Beigh 2023...
Jammu & Kashmir And Ladakh High Court Quarterly Digest: July To September 2023
Nominal Index [Citations 169 - 255]:Union Of India Vs Altaf Ahmad Mir 2023 LiveLaw (JKL) 169State of J&K Vs Gulji Bhai & Ors 2023 LiveLaw (JKL) 170State of J&K Vs Rajinder Kumar 2023 LiveLaw (JKL) 171M/s Delton Infra Pvt. Ltd. Vs State of J&K and another 2023 LiveLaw (JKL) 172Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India...
Jammu & Kashmir And Ladakh High Court Monthly Digest: October 2023
Nominal Index [Citations 256 - 277]:Mridulla Kirti Vs High Court of J&K 2023 LiveLaw (JKL) 256MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS 2023 LiveLaw (JKL) 257Kirti Mridulla Vs J&K High Court 2023 LiveLaw (JKL) 258Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others 2023 LiveLaw (JKL) 259Union Territory of J&K Vs Abdul Qayoom Bhat 2023 LiveLaw (JKL)...
Court's Discretion To Extend Time To File Written Statement Beyond 120 Days Revoked By Amendments To J&K CPC: High Court
The Jammu and Kashmir and Ladakh High Court has held that in view of the substitution and addition of the proviso to Order VIII CPC, the legislature has taken away the discretion which was earlier vested with the court to extend the time to file the written statement beyond the 120 day period.Justice Javed Iqbal Wani highlighted the implication of the amendment. “The only inescapable...
Jammu & Kashmir High Court Notifies Guidelines On Arrest, Detention And Bail To Accused
The Jammu & Kashmir and Ladakh High Court has issued a set of comprehensive guidelines pertaining to arrest, detention, and bail procedures, in consonance with the directions passed by the Supreme Court in Md. Asfak Alam vs State of Jharkhand, Cr. Appeal No 2207 of 2023.A notification to this effect issued by Registrar General Mr Shahzad Azeem,“Acting in compliance to the directions...
J&K High Court Orders Thorough Probe Into Alleged Custodial Torture, Mutilation Of Police Constable
The Jammu and Kashmir and Ladakh High Court recently highlighted that the police authorities and the court should carefully exercise discretion to determine if a second FIR is warranted based on case-specific considerations. Justice Javed Iqbal Wani thus ordered a thorough investigation into the alleged severe custodial torture and mutilation of a police constable while in the custody of...
Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently clarified that the absence of sanction to prosecute a public officer can be challenged at the beginning of a case, but challenges related to the competence of the sanctioning authority and the application of mind can only be raised during the trial.Justice Rajnesh Oswal relied on Parkash Singh Badal v. State of Punjab (2007), Dinesh...
Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls
The Jammu & Kashmir and Ladakh High Courts have held that jurisdiction in the case of shawls containing prohibited material lies in Delhi, not Jammu & Kashmir, as the seizure took place in Delhi.The bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary has observed that in the absence of any specific pleadings in the writ petitions as well as memoranda of appeals, it...
CRPF Act | Commandant Authorised To Dismiss Personnel For Misconduct, Dismissal & Removal Are Minor Penalties: J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that Section 11(1) of the CRPF Act allows the Commandant the discretion to dismiss or remove a member of the force found guilty of misconduct as a penalty. Justice Sanjay Dhar also clarified that under Section 11, dismissal and removal from service are classified as minor punishments."..it is clear that the Commandant is well within his...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 23 - October 29, 2023
Nominal Index [Citations: 2023 LiveLaw JKL) 269- 273]Naveen Bhatnagar vs M/s Sudarsham Consolidated Limited 2023 LiveLaw (JKL) 269CRP FOOD IMPORT-EXPORT v. KASHMIR KESAR MART 2023 LiveLaw (JKL) 270Rajan Gupta V/s Manoj Gupta 2023 LiveLaw (JKL) 271Fayaz Ahmad Wani Vs Union Territory of J&K and ors 2023 LiveLaw (JKL) 272Shamsher Singh Manhas V/s State of J&K and others 2023 LiveLaw...