Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 3 To April 9

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 LiveLaw (JKL) 74

Judgements/Orders

Investigation Into Non-Cognizable Offences Without Magistrate's Permission Can't Be Regularised By Subsequently Adding Cognizable Offences: J&K High Court

Case Title: Nikunj Sharma Vs State of J&K and another

Citation: 2023 LiveLaw(JKL) 70

The Jammu and Kashmir and Ladakh High Court has recently ruled that once an FIR is registered for non-cognizable offences, the inclusion of a cognizable offence at a later stage of the investigation could not be used to circumvent the law.

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Case Title: Mohammad Maqbool Regu and ors Vs Hilal Ahmad & Ors.

Citation: 2023 LiveLaw (JKL) 71

The Jammu and Kashmir and Ladakh High Court 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 a sufficient ground for admitting that evidence in appeal," Justice Javed Iqbal Wani remarked.

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Case Title: Farid Ahmad Tak Vs UT of J&K & Ors

Citation: 2023 LiveLaw (JKL) 72

The Jammu and Kashmir and Ladakh High Court 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 High Court observed that Section 311 of CrPC envisages that any court may, at any stage of any inquiry, trial or other proceedings, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined. The said power is not confined to any particular class of person, it said.

Jugglery, Manipulation Has No Place In Courts: Jammu & Kashmir HC Upholds Imposition Of Exemplary Cost On Party For Suppressing Material Facts

Case Title: Fayaz Ahmad Rather Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 73

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 observed that that jugglery, manipulation, maneuvering or misrepresentation has no place in equitable and prerogative jurisdiction.

The bench maintained,

"Suppression of material facts, concealment of full details of litigation, present and past, between the parties qua subject matter of dispute, distortion or manipulation of relevant facts, misleading the court by stating false facts or withholding true facts disentitle a party to invoke equitable jurisdiction under Article 226 of Constitution of India,".

[BSF] Jammu & Kashmir High Court Upholds Widow's Rights To Family Pension Despite Divorce Proceedings Pending During Husband's Lifetime

Case Title: Sonika Sharma vs Union of India

Citation: 2023 LiveLaw (JKL) 74

The Jammu and Kashmir and Ladakh High Court 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.

There is not even a single provision of law quoted in the reply/objections by the respondents as to on what basis the respondents are enabling themselves to deny the petitioner her claim for sanction and grant of family pension," the bench underscored.

Other Updates

Jammu & Kashmir High Court Adopts Fresh Measures To Reduce Long Pending Cases

The Jammu and Kashmir and Ladakh High 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 Final Hearing Days on which days no other non-hearing matter will be taken unless permitted by the Chief Justice.