High Court of J & K and Ladakh
[Impleading Legal Heirs Of Deceased Defendant] Jammu & Kashmir High Court Differentiates Between Order 1 Rule 10 And Order XXII Rule 4 CPC
Differentiating the ambit and scope of Order-1 R-10 (2) and Order-XXII R-4 CPC, the Jammu and Kashmir High Court has ruled that while Order-1 R-10 (2) enables the Court to add, substitute or strike down a person impleaded as party to the suit, Order-XXII R-4 on the other hand requires the plaintiff to bring legal heirs/representatives of a deceased defendant on record. Therefore, where a case...
Jammu & Kashmir And Ladakh High Court Monthly Digest: May 2023
Nominal Index:Nayeem Rasool Vs UT of J&K 2023 LiveLaw (JKL) 102Mohammad Ashraf Dar vs UT Of J&K 2023 LiveLaw (JKL) 103Ayaz Ahmad Vs UT of J&K 2023 LiveLaw (JKL) 104Sheikh Shakeel Ahmed Vs UT of J&K 2023 LiveLaw (JKL) 105M/S Power Grid Corporation of India Ltd. Versus Assessing Authority Sales Tax Circle D Jammu 2023 LiveLaw (JKL) 106Land Owners of Village Suthsoo and others...
Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that the actual purpose of Order 6 Rule 17 of the Code of Civil Procedure (CPC) in the legal system is to advance the cause of justice rather than impede it.This provision exists to ensure that parties involved in a legal dispute receive fair and comprehensive resolution and by granting amendments, the courts strive to achieve...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 29 - June 04
Nominal IndexAshok Kumar Sharma Vs Union of India 2023 LiveLaw (JKL) 138United India Insurance Co. Ltd Vs Ashok Kumari and ors 2023 LiveLaw (JKL) 139M/S Highlander Bar and Restaurant Vs Union of India 2023 LiveLaw (JKL) 140M/s Om Infra Ltd. New Delhi Vs Chenab Valley Power Projects P Ltd and ors 2023 LiveLaw (JKL) 141Central Bureau of Investigation, Anti-Corruption Bureau Vs Hazra Khan...
When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. "It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding to step into...
Leniency In Matters Involving Unnatural Offences Not Only Undesirable, But Also Against Public Interest: Jammu & Kashmir High Court
Dismissing a bail application of a person in a case under Section 377, 506 IPC and Sections 4 & 5 of POCSO Act, the Jammu and Kashmir and Ladakh High Court has observed that leniency in matters involving unnatural offences is not only undesirable, but also against public interest. Such types of offences are to be dealt with severity and with iron hands and leniency in such matters would...
'Pathetic Condition': Jammu & Kashmir High Court Chief Justice To Personally Inspect Gaushala
Chief Justice of Jammu & Kashmir and Ladakh High Court Justice N. Kotishwar Singh will personally visit and inspect a Gaushala at a village in Nargota, following reports of apparently pathetic conditions therein.The Division bench also comprising Justice Puneet Gupta said, "We will visit the Gaushala situated at Village Seri Khurd, Nagrota on 02.06.2023." It has asked the Commissioner of...
S.446 CrPC | Accused Must Be Given Opportunity Before Court Records Satisfaction As To Breach Of Bond: Jammu & Kashmir High Court
Stressing on the need to ensure fairness and due process in cases where breach of a bond under Section 446 CrPC is alleged, the Jammu and Kashmir and Ladakh High Court has said it is mandatory that the court issues a notice first, providing the accused an opportunity to explain any alleged breaches. If the court remains unsatisfied with the explanation provided by the accused, only then can...
Jammu & Kashmir High Court Says Bid Security Is Indispensable In Tendering Process, Rejects Substitution With Performance Security
The Jammu and Kashmir and Ladakh High Court has said that bid security cannot be substituted by performance security as both are distinguishable and are submitted on different stages of the tender process. Justice Wasim Sadiq Nargal made this exposition while dealing with the question as to whether there exists any difference between Performance Security and Bid Security and could...
ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High Court
Quashing a Summary Force Court (SFC) proceedings against a Constable of ITBP, the Jammu and Kashmir and Ladakh High Court has said that since Army Rules are mandatory in nature, it is imperative that Army Court shall record the plea of guilt in the words used by the accused or as nearly as possible in the words used by the accused, as violation of this mandatory requirement will vitiate...
Trial Court Can't Discharge Accused By Conducting "Mini Trial" At Stage Of Framing Charges: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that at the stage of framing charge against an accused, the Court can neither examine the material brought on record in detail nor examine the sufficiency of the material to establish the offence against the accused. Justice Rajnesh Oswal was hearing a revision petition against order of Special Judge (Anti-Corruption) whereby...
Kwar Hydroelectric Project | Minimal Judicial Interference In Contractual Matters Especially If Public Exchequer At Stake: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that judicial interference in the matters concerning contractual matters must be minimal especially in case where there is propensity of negative impact on the public exchequer.A bench of Justice Wasim Sadiq Nargal has observed, "...Courts should not use a magnifying glass while scanning the tenders and make every small mistake...