Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 10 To April 16

Nominal IndexSunil Kumar Vs UT of J&K 2023 LiveLaw (JKL) 75Raj Kumar Vs SSP & Anr 2023 LiveLaw (JKL) 76Rizwan Bashir Dhobi Vs UT of J&K 2023 LiveLaw (JKL) 77Mohammad Abdullah Bhat Vs Nazir Ahmad Bhat & Ors 2023 LiveLaw (JKL) 78Amjid Hussain Khan Vs State of J&K 2023 LiveLaw (JKL) 79Sheikh Mohammad Amin and another Vs Yasir Farooq and others 2023 LiveLaw (JKL) 80Emaad Muzaffar Makhdoomi vs Vikar Ahmad Bhat 2023 LiveLaw (JKL) 81Madan Lal & Ors Vs UT of J&K 2023 LiveLaw (JKL) 82Robkar Vs Vivek Bhardwaj & Ors 2023 LiveLaw (JKL) 83Sheikh Khalid Jehangir Vs Nayeem Akhter 2023 LiveLaw (JKL) 84Afsana Kouser Vs UT of J&K 2023 LiveLaw (JKL) 85Mohd Ashraf Shah Vs Union of India 2023 LiveLaw (JKL) 86Judgements/OrdersNo Self-Respecting Woman Would Normally Concoct Rape Allegations Putting Her Character, Marriage Prospects On Stake: Jammu & Kashmir High CourtCase Title: Sunil Kumar Vs UT of J&KCitation: 2023 LiveLaw (JKL) 75Dismissing 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 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, the prosecutrix as in the case in hand, would not therefore, have concocted story of rape against petitioner/accused to falsely implicate him by putting her honour, character, reputation and her future marriage prospects on stake in the society. Ordinarily, the offence of rape is grave by its nature," bench of Justice Mohan Lal observed.Magistrate Can Order Second Inquiry U/S 202 CrPC Into Unexplored Allegations In Complaint: Jammu & Kashmir High CourtCase Title: Raj Kumar Vs SSP & AnrCitation: 2023 LiveLaw (JKL) 76The Jammu and Kashmir and Ladakh High Court 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.NDPS Act | Prosecutor Is Independent Statutory Authority, Must Apply Independent Mind To Justify Extension For Investigation: Jammu & Kashmir High CourtCase Title: Rizwan Bashir Dhobi Vs UT of J&KCitation: 2023 LiveLaw (JKL) 77The Jammu and Kashmir and Ladakh High Court observed that a Public Prosecutor, being an independent statutory authority, is expected to apply his independent mind to the material produced before him by the Investigating Agency and thereafter take a decision as to whether or not extension of time for completing the investigation is justified in the facts and circumstances of the case.Proceedings Before Mediator Confidential, Parties Can't Be Compelled To Abide By Offers Made During Negotiations: Jammu & Kashmir High CourtCase Title: Mohammad Abdullah Bhat Vs Nazir Ahmad Bhat & Ors.Citation: 2023 LiveLaw (JKL) 78The Jammu and Kashmir and Ladakh High Court reiterated that proceedings conducted before a Mediator are confidential in nature and the parties cannot be compelled to abide by what was offered by them during the negotiations before the Mediator.S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High CourtCase Title: Amjid Hussain Khan Vs State of J&KCitation: 2023 LiveLaw (JKL) 79The Jammu and Kashmir and Ladakh High Court ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment.Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court ExplainsCase Title: Sheikh Mohammad Amin and another Vs Yasir Farooq and othersCitation: 2023 LiveLaw (JKL) 80The Jammu and Kashmir and Ladakh High Court ruled that the proceedings for grant of a succession certificate under the Indian Succession Act 1925 are of summary nature and do not confer any title to the amount in favour of the certificate holder.[S.138 NI Act] Magistrate Has Judicial Discretion To Dispense Personal Appearance Of Accused: Jammu & Kashmir High CourtCase Title: Emaad Muzaffar Makhdoomi vs Vikar Ahmad BhatCitation: 2023 LiveLaw (JKL) 81The Jammu and Kashmir and Ladakh High Court made it clear that a Magistrate dealing with a complaint under Section 138 of the Negotiable Instruments Act can waive personal appearance of the accused, if it finds that insistence of his personal appearance would itself inflict enormous suffering or tribulations to the accused.Justice Javed Iqbal Wani observed,"Such discretion needs to be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons, the Magistrate feels that dispensing with the...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 10 To April 16

Basit Amin Makhdoomi

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