Jammu & Kashmir High Court Upholds Acquittal Of Alleged Lashkar-E-Taiba Members Due To 'Unreliable' Prosecution Evidence

Terming the evidence of prosecution as highly unreliable, the Jammu and Kashmir and Ladakh High Court has upheld the acquittal of alleged active members of Lashkar-e-Taiba, who as per prosecution were hell-bent upon creating unrest in the valley and had been indulging in the acts of sabotage and terrorist activities to dislodge the Governments.Expressing serious reservations against the...

Examination-In-Chief Of Witness Can't Fasten Liability Unless Opposite Party Is Afforded Opportunity To Cross Examine: Jammu & Kashmir High Court

Upholding the acquittal of a Police officer in a 20 year old rape case, the Jammu and Kashmir and Ladakh High Court has said that examination-in-chief of a witness cannot be taken into consideration to fasten any liability, unless the opposite party is afforded a reasonable opportunity to cross-examine said witness as regards information tendered by him in his examination-in-chief. "It shall...

No Appeal Or Revision Against Delay Condonation In Filing Application U/S 34 For Setting Aside Arbitral Award: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has held that no appeal or revision would lie against an order allowing an application for condonation of delay accompanying an application filed under section 34 of the Arbitration and Conciliation Act for setting aside arbitral award.A bench of Justice Javed Iqbal Wani said the legislature by using expression an appeal shall lie from the...

GST Budgetary Support Scheme Can’t Be Interpreted Liberally: J&K And Ladakh High Court

The Jammu & Kashmir and Ladakh High Courts have held that the GST Budgetary Support Scheme cannot be interpreted liberally.The bench of Chief Justice N. Kotiswar Singh and Justice Vinod Chatterji Koul has observed that the new scheme provides certain benefits by way of budgetary support to such units that were granted excise duty exemption under an earlier tax regime prior to the...

Jammu & Kashmir High Court Acquits Man In 22 Years Old Rape Case

The Jammu and Kashmir and Ladakh High Court recently acquitted a man accused of having committed a rape about 22 years ago. It observed that non-examination of the material Prosecution witnesses i.e. the Doctor and the Investigating Officer, not only causes prejudice to the case of the accused, but also to the case of the Prosecution and creates a reasonable doubt against his involvement in...

Requirement To Refer The Claims To Dispute Adjudication Board (DAB) Is Mandatory: Jammu & Kashmir And Ladakh HC

The High Court of Jammu & Kashmir and Ladakh has held that the requirement to refer the dispute to DAB, as per the GCC of FIDIC Contracts, is mandatory and the failure to comply with the provision results in making the dispute non-arbitrable. The bench of Justice Vinod Chatterji Koul held that when the agreement between the parties provides for reference of claims to DAB as...

[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...