Prosecution Case Not To Be Doubted If Offending Weapon Not Found: J&K High Court Upholds Life Sentence In 31-Yr-Old Murder Case

The Jammu and Kashmir and Ladakh High Court has upheld the life imprisonment sentence in a 1993 murder case, stressing that the absence of a proven weapon does not automatically render the prosecution's case suspicious.A bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta observed, "Even if the gun purported to have been used in the occurrence is not proved in a...

Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court

Upholding the acquittal of two individuals accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Jammu and Kashmir and Ladakh High Court has underscored the prosecution's obligation to demonstrate that the contraband was kept in safe custody and that samples were forwarded to the Forensic Science Laboratory (FSL) without delay.A bench comprising Justices...

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically.Justice Wasim Sadiq Nargal observed that powers under the article should be reserved for instances where there is an absence of evidence to justify a finding, where a finding is so perverse...

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court has underscored that the J&K Public Safety Act, 1978 (PSA), cannot be wielded as a shortcut by preventive detention authorities to bypass the due process established under the Code of Criminal Procedure, 1973 (CrPC).In allowing a habeas corpus plea against a detention order premised on multiple FIR's against...

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains

Highlighting a crucial distinction in the legal process regarding amendments to pleadings the Jammu and Kashmir and Ladakh High Court has clarified that the consideration for the amendment of a Plaint and a Written Statement stands on different footings.A bench of Justice M. A Chowdhary observed that even an admission in the pleadings can be explained, and inconsistent pleas can be taken in...

Admin Must Justify Execution Of Work Contract Without Necessary Sanction, Contractor Not Responsible For Verifying Approval: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has reiterated that it is not the contractor's responsibility to verify whether administrative approvals, technical sanctions, and other formalities are completed before undertaking any work.A bench of Justice Rajesh Sekhri underscored that the onus lies squarely on the administration to explain how the work was executed in the absence of...

Criminal Justice System Must Not Be A Casualty Of Compromise: J&K High Court Flags Routine Quashing Of FIRs Based On Settlement Between Parties

Emphasising the critical role of the criminal justice system in upholding societal order the Jammu and Kashmir and Ladakh High Court has recently ruled that criminal cases should not be routinely dismissed merely on the basis of mutual settlements between parties, as this could potentially lead to the erosion of the justice system.Addressing a petition seeking the quashing of an FIR on the...

Rights Of Parties While Filing Suit Must Adapt To Significant Changes Which Occur During Litigation: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court recently ruled that while the rights of parties are generally determined by the circumstances existing at the time of filing a suit, courts must also consider significant changes that occur during the litigation process to ensure just and equitable outcomes.This observation came as the High Court set aside an eviction decree originally granted on...

High Court Grants One-Week Extension To State Govt For Filing Compliance Report On Measures Being Taken To Avert 2014-Like Flooding In J&K

The Jammu and Kashmir and Ladakh High Court on Tuesday granted one more week to Govt to file its composite compliance report on measures being taken to avert 2014-like floods in J&K.Conceding to the statement of the Government Advocate appearing for the respondents that the compliance report in tune with the earlier directions of the court was ready Acting Chief Justice Tashi Rabstan...

Motor Vehicles Act Does Not Mandate Re-Registration Fee: J&K High Court Quashes 9% Tax Demand On Vehicle from Haryana

The High Court of Jammu and Kashmir and Ladakh has clarified that once a motor vehicle is registered upon payment of the prescribed fee under the Central Motor Vehicles Act, 1988, such registration is valid throughout India, and there is no provision for re-registration or the imposition of additional fees upon re-registration.Striking down the imposition of a 9% token tax on a vehicle...

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has underscored the importance of "due diligence" in determining the admissibility of amendment applications filed after the commencement of a trial.A bench of Justice Sanjay Dhar emphasized that while the power to allow amendments is broad, it is subject to the condition that the applicant demonstrates sufficient diligence in...

Jammu & Kashmir And Ladakh High Court Weekly Roundup August 12 To August 18, 2024

Nominal Index:Showkat Ali Vs UT of J&K 2024 LiveLaw (JKL) 230Makhan Din V/s UT of J&K and another 2024 LiveLaw (JKL) 231ROSHAN LAL TICKOO Vs PREDIMANT KRISHAN TICKOO 2024 LiveLaw (JKL) 232Mst Hamida Banoo Vs UT of J&K 2024 LiveLaw (JKL) 233Ahsan Ahmad Mirza Vs Directorate Of Enforcement 2024 LiveLaw (JKL) 234SYED TAJAMUL BASHIR Vs MOHAMMAD AYOUB KHAN 2024 LiveLaw (JKL) 235PERVAZ...