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...

Cantonment Board Cannot Levy Bar License Fee Based On Restaurant's Annual Revenue: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a Cantonment board cannot levy trade license fee from a restaurant operating within its jurisdiction based on the restaurant's annual revenue. A bench comprising Justice Moksha Khajuria Kazmi observed,"Claim of the respondents (Cantonment Board) of fixing the licence fee proportionate to the revenue earned by the petitioner...

All ACR Entries Of Public Servant Must Be Communicated To Him With Reasonable Opportunity To Make Representation: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has ruled that all entries in Annual Confidential Reports (ACR) of an employee, including adverse entries, should be communicated to him with reasonable opportunity to make a representation against it.The observations were made by Justice Wasim Sadiq Nargal while hearing a plea in terms of which the petitioner sought directions upon the respondents ...

Motor Accident Tribunal Possesses All Trappings Of Court Though Not Bound By Stringent Procedures Of CPC & Evidence Act: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that a Tribunal constituted under the Motor Vehicle Act, 1988 with its ability to summon and examine witnesses, cross-examine them, and order the disclosure of documents, possesses all the trappings of a court though not bound by the stringent procedures outlined in the Civil Procedure Code and Evidence Act.Justice Javed Iqbal Wani...

Jammu & Kashmir High Court Stays FIR Lodged In Punjab Against Mata Vaishno Devi Shrine Board CEO

The Jammu and Kashmir and Ladakh High Court has stayed an investigation being conducted by the Punjab Police into an FIR filed against Anshul Garg, an IAS cadre officer and the chief executive officer of Shri Mata Vaishno Devi Shrine Board. Garg's estranged wife had filed the impugned FIR at a women's police station in Patiala, accusing him of various offences including demanding...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 22 To May 28

Nominal IndexMushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw (JKL) 127Suraj Chand Vs Bajaj Allianz Insurance Co. Ltd 2023 LiveLaw (JKL) 128Swarn Salaria Vs Baldev Raj Sharma & Ors. 2023 LiveLaw (JKL) 129Atta Mohd Khan Vs UT of J&K 2023 LiveLaw (JKL) 130Farooq Ahmad Parray Vs UT of J&K 2023 LiveLaw (JKL) 131Muneer Ahmad Paswal Vs Union of India 2023 LiveLaw...