High Court of J & K and Ladakh
Magistrate Can Order Second Inquiry U/S 202 CrPC Into Unexplored Allegations In Complaint: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that a Magistrate is well within his jurisdiction to order an in depth enquiry under Section 202 CrPC, if the first report submitted by the enquiry officer lacks enquiry into certain allegations levelled in the complaint.The observations were made by Justice Rajnesh Oswal while hearing a plea in terms of which the petitioner had...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 3 To April 9
Nominal Index [Citation: 2023 LiveLaw(JKL) 70 - 74] Nikunj Sharma Vs State of J&K and another 2023 LiveLaw(JKL) 70 Mohammad Maqbool Regu and ors Vs Hilal Ahmad & Ors 2023 LiveLaw (JKL) 71 Farid Ahmad Tak Vs UT of J&K & Ors 2023 LiveLaw (JKL) 72 Fayaz Ahmad Rather Vs UT of J&K 2023 LiveLaw (JKL) 73 Sonika Sharma vs Union of India 2023...
Jammu & Kashmir High Court Adopts Fresh Measures To Reduce Long Pending Cases
The Jammu and Kashmir and Ladakh High on Friday issued an Office Order with measures to reduce the arrears of pending cases in the High Court.Passing instructions on the subject, a notification to this effect issued by the Chief Justice N. Kotiswar Singh reads that all final hearing matters above 10 years shall be listed on Tuesday and Thursday, and these days shall be kept exclusive as...
No Self-Respecting Woman Would Normally Concoct Rape Allegations Putting Her Character, Marriage Prospects On Stake: Jammu & Kashmir High Court
Dismissing the bail plea of a man accused of raping a 10-year-old daughter of his neighbour, the Jammu and Kashmir and Ladakh High Court recently observed that normally no woman would put her character at risk by falsely implicating a man for rape."Since rape leaves a permanent scar on the most cherished possession of woman and serious psychological impact on the victim and her family,...
[BSF] Jammu & Kashmir High Court Upholds Widow's Rights To Family Pension Despite Divorce Proceedings Pending During Husband's Lifetime
The Jammu and Kashmir and Ladakh High Court recently ruled that a widow cannot be denied family pension after husband's death on the ground that during his lifetime, divorce proceedings were ongoing between the couple.The observations were made by Justice Rahul Bharti while hearing a widow's a plea seeking her deceased husband's pension who was serving in the Boarder Security Force (BSF) as...
Jugglery, Manipulation Has No Place In Courts: Jammu & Kashmir HC Upholds Imposition Of Exemplary Cost On Party For Suppressing Material Facts
Upholding a single judge verdict wherein the writ court had imposed Rs one lakh penalty on petitioner for suppressing material facts and misleading the court to gain advantage over the other side, the Jammu and Kashmir and Ladakh High Court recently observed that that jugglery, manipulation, maneuvering or misrepresentation has no place in equitable and prerogative jurisdiction.The...
Jammu & Kashmir & Ladakh High Court Monthly Digest: March 2023
Nominal Index [Citations 39 - 71]:Dr Kiran Bala Vs Dr Ashwini Kumar Singh Jasrotia 2023 LiveLaw (JKL) 39Pooja Devi & Ors Vs Tarseem Lal & Ors 2023 LiveLaw (JKL) 40Radha Sharma Vs State of J&K & Ors. 2023 LiveLaw (JKL) 41Inhabitants of Sheva Shirshu Doda Vs UT of J&K 2023 LiveLaw (JKL) 42Union Of India Vs Assistant Labour Commissioner & Ors 2023 LiveLaw (JKL)...
S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings.The observations were made by Justice Vinod Chatterji Koul while hearing...
J&K&L High Court Weekly Round-Up: March 27 To April 2, 2023
Nominal IndexJia Lal Vs UT of J&K & Anr 2023 LiveLaw (JKL) 65IFFCO TOKIO General Insurance Co. Ltd Vs Om Prakash 2023 LiveLaw (JKL) 66Zahid Hussain Jan Vs State of J&K 2023 LiveLaw (JKL) 67UT of J&K Vs Munshi Masood 2023 LiveLaw (JKL) 68Dr. Khair-Un-Nisa and others Shalini Sharma and others Vs UT of J&K & others 2023 LiveLaw (JKL) 69Nikunj Sharma Vs State of J&K...
Jammu & Kashmir and Ladakh High Court Takes Suo Motu Cognizance Of Increasing Dog Bite Cases In Ladakh
The Jammu and Kashmir and Ladakh has taken suo motu note of the increasing number of dog bite cases in Ladakh and initiated a public interest litigation (PIL) on the issue.The division bench of Chief Justice N. Kotiswar Singh and Justice Sanjay Dhar has directed the Ladakh administration to file a response to the PIL within two weeks.The court noted that the registered dog bite cases in...
Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code(CPC) to allow application for production of additional documents."Mere fact that certain evidence is important per se is not in itself...
Legally Free Certificates For Adoption Issued By CWCs Prior To Dissolution In August 2022 Valid In View Of Status Quo Order: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court on Monday held that Legally Free Certificates for adoption issued by the Child Welfare Committee (CWC) in Srinagar before dissolution in August 2022, are legally valid in view of status quo order passed by a single Judge.Due to the interim direction, the dissolved CWCs are in position and exercise all the powers conferred upon CWCs under the...