Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee.A bench of Justice Wasim Sadiq Nargal ruled that in these cases, authorities may view such circumstances as...

Complainant Or Dependents Must Be Issued Notice And Heard When Accused Seeks Bail Under SC/ST Act: J&K High Court

Shedding light on the right of a victim under the SC/ST (Prevention of Atrocities) Act, 1989 the Jammu and Kashmir and Ladakh High Court has asserted that a complainant or their dependent must be issued notice and heard when an accused seeks bail under the Act.Citing provisions of the Act a bench of Justice M. A Chowdhary observed, “On a harmonious reading of both the Sub-sections (3) and...

High Court Directs Jammu & Kashmir And Ladakh Authorities To Ensure Smooth Movement Of Ambulances For Public Health Emergencies

Aiming to streamline emergency medical transportation, the Jammu and Kashmir and Ladakh High Court has mandated the Union Territories (UTs) of Jammu & Kashmir and Ladakh to develop a mechanism for ensuring hassle-free ambulance movement across both UTs.While closing a Public Interest Litigation (PIL) a bench composed of Chief Justice Tashi Rabstan and Justice Puneet Gupta, underscored...

Jammu & Kashmir And Ladakh High Court Weekly Roundup October 28 - November 3, 2024

Nominal Index:J&K State Forest Corporation Vs Sher Singh 2024 LiveLaw (JKL) 291Ram Prasad Vs New India Assurance Co Ltd 2024 LiveLaw (JKL) 292Kuldeep Raj Dubey Vs Puneet Sharma 2024 LiveLaw (JKL) 293Imran Khan Vs UT Of J&K 2024 LiveLaw (JKL) 294Roshan Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 295Chowdhary Piara Singh Vs Sat Pal 2024 LiveLaw (JKL) 296Judgments/Orders: Objections...

S.139 NI Act | Once Complainant Proves That Cheque Was Issued By Accused To Discharge Debt, Burden Shifts On Accused: J&K High Court

Spotlighting the critical shift in evidentiary burden under Section 139 of the Negotiable Instruments Act, 1881 the Jammu and Kashmir and Ladakh High Court has observed that once the complainant proves that a cheque was issued by the accused to discharge a debt, Section 139 mandates that the burden of proof shifts to the accused.The accused is then required to prove that the cheque was not...

Unexplained & Unsatisfactory Delay In Executing Detention Order Raises Doubts About Detaining Authority's Subjective Satisfaction: J&K High Court

The Jammu and Kashmir & Ladakh High Court has recently quashed a preventive detention order observing that the unexplained and unsatisfactory delay in executing the detention order raised doubts about the genuineness of the detaining authority's subjective satisfaction.A bench of Justice Mohammad Yousuf Wani emphasized that such delays disrupt the essential "live link" between the grounds...

Arbitrarily Labelling Individuals As Habitual Offenders Not Only Taints Them But Also Impairs Their Fundamental Rights: J&K High Court

Quashing the police action of branding a Jammu resident as a history-sheeter and entering his name in the Surveillance Register the Jammu and Kashmir and Ladakh High Court has underscored that the arbitrary labeling of individuals as habitual offenders without due process not only taints their image but also impairs their fundamental rights under Article 21 of the Constitution.“If the...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 21 - October 27, 2024

Nominal Index:Dr Sumit Sabarwal Vs Dr Om Prakash Gupta 2024 LiveLaw (JKL) 282United India Insurance Company Vs Taja Begum 2024 LiveLaw (JKL) 283Shafqat Wani Vs Universal Sompo General Insurance Co. Ltd 2024 LiveLaw (JKL) 284J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&K 2024 LiveLaw (JKL) 285M/S Multi Trading Agencies v. UT of J&K (and...

"Attempt To Wreak Vengeance, Divert From Core Issues": J&K High Court Quashes Defamation Complaint

Quashing a defamation complaint, citing the improper use of judicial processes for personal vendetta the Jammu and Kashmir and Ladakh High Court has highlighted that judicial mechanisms cannot be exploited to satisfy personal egos or to pursue vengeance.A bench of Justice Javed Iqbal Wani added that the filing of the impugned complaint amounted to a misuse of the judicial process, undermining...

Failure To Apply Statutes And Binding Precedents Constitutes Error Reviewable Under Order 47 Rule 1 CPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that the failure to apply statutes and binding precedents constitutes a palpable legal flaw warranting review under Order 47 Rule 1 of the Code of Civil Procedure, 1908.A bench of Justice M.A Chowdhary clarified that courts must adhere to applicable statutes and precedents, especially those laid down by the Supreme Court, to...

Objections To Pecuniary Jurisdiction Must Be Raised Early In Trial, Else Would Be Barred In Appeal Unless Failure of Justice Occurs: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that objections concerning the pecuniary limits of a court's jurisdiction must be raised at the earliest opportunity in the trial court. If not, they cannot be entertained by appellate or revisional courts, unless the oversight caused a failure of justice, as prescribed under Section 21 of the Civil Procedure Code (CPC), the...

Denial Of Bail Must Be A Judicious Exception, Personal Liberty Under Article 21 'Too Precious' To Be Curtailed Casually: J&K High Court

Reaffirming the fundamental value of personal liberty enshrined under Article 21 of the Constitution, the Jammu and Kashmir and Ladakh High Court has granted absolute anticipatory bail to one accused in a case involving sexual offenses and harassment.While making the interim pre arrest bail absolute in nature Justice Mohammad Yousuf Wani emphasized that the denial of bail is not a matter...