Jammu & Kashmir And Ladakh High Court Monthly Digest: October 2023

Nominal Index [Citations 256 - 277]:Mridulla Kirti Vs High Court of J&K 2023 LiveLaw (JKL) 256MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS 2023 LiveLaw (JKL) 257Kirti Mridulla Vs J&K High Court 2023 LiveLaw (JKL) 258Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others 2023 LiveLaw (JKL) 259Union Territory of J&K Vs Abdul Qayoom Bhat 2023 LiveLaw (JKL)...

Court's Discretion To Extend Time To File Written Statement Beyond 120 Days Revoked By Amendments To J&K CPC: High Court

The Jammu and Kashmir and Ladakh High Court has held that in view of the substitution and addition of the proviso to Order VIII CPC, the legislature has taken away the discretion which was earlier vested with the court to extend the time to file the written statement beyond the 120 day period.Justice Javed Iqbal Wani highlighted the implication of the amendment. “The only inescapable...

Jammu & Kashmir High Court Notifies Guidelines On Arrest, Detention And Bail To Accused

The Jammu & Kashmir and Ladakh High Court has issued a set of comprehensive guidelines pertaining to arrest, detention, and bail procedures, in consonance with the directions passed by the Supreme Court in Md. Asfak Alam vs State of Jharkhand, Cr. Appeal No 2207 of 2023.A notification to this effect issued by Registrar General Mr Shahzad Azeem,“Acting in compliance to the directions...

J&K High Court Orders Thorough Probe Into Alleged Custodial Torture, Mutilation Of Police Constable

The Jammu and Kashmir and Ladakh High Court recently highlighted that the police authorities and the court should carefully exercise discretion to determine if a second FIR is warranted based on case-specific considerations. Justice Javed Iqbal Wani thus ordered a thorough investigation into the alleged severe custodial torture and mutilation of a police constable while in the custody of...

Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently clarified that the absence of sanction to prosecute a public officer can be challenged at the beginning of a case, but challenges related to the competence of the sanctioning authority and the application of mind can only be raised during the trial.Justice Rajnesh Oswal relied on Parkash Singh Badal v. State of Punjab (2007), Dinesh...

Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls

The Jammu & Kashmir and Ladakh High Courts have held that jurisdiction in the case of shawls containing prohibited material lies in Delhi, not Jammu & Kashmir, as the seizure took place in Delhi.The bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary has observed that in the absence of any specific pleadings in the writ petitions as well as memoranda of appeals, it...

CRPF Act | Commandant Authorised To Dismiss Personnel For Misconduct, Dismissal & Removal Are Minor Penalties: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that Section 11(1) of the CRPF Act allows the Commandant the discretion to dismiss or remove a member of the force found guilty of misconduct as a penalty. Justice Sanjay Dhar also clarified that under Section 11, dismissal and removal from service are classified as minor punishments."..it is clear that the Commandant is well within his...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 23 - October 29, 2023

Nominal Index [Citations: 2023 LiveLaw JKL) 269- 273]Naveen Bhatnagar vs M/s Sudarsham Consolidated Limited 2023 LiveLaw (JKL) 269CRP FOOD IMPORT-EXPORT v. KASHMIR KESAR MART 2023 LiveLaw (JKL) 270Rajan Gupta V/s Manoj Gupta 2023 LiveLaw (JKL) 271Fayaz Ahmad Wani Vs Union Territory of J&K and ors 2023 LiveLaw (JKL) 272Shamsher Singh Manhas V/s State of J&K and others 2023 LiveLaw...

If Only One Conclusion Possible From Undisputed Facts, Possible Breach Of Natural Justice Does Not Automatically Imply Prejudice: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that in situations where only one conclusion was possible upon admitted or undisputed facts, a breach of natural justice does not automatically imply prejudice.Justice Sindhu Sharma thus upheld the cancellation of the allotment of a shop in Jammu to the allotee petitioner. “Even otherwise, if on undisputed and admitted fact, if only...

Detention Orders With Irrelevant Grounds Violate Constitutional Rights, Grants Detenu Right To Seek Relief From Court: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that including irrelevant or non-existent grounds in a detention order violates the constitutional rights of the detenu, allowing them to seek court relief.Justice Vinod Chatterji Koul explained that such inclusions infringe upon two crucial rights: firstly, the inclusion of irrelevant or non-existent grounds infringes upon the primary...

CPC | Relevance Of Documents Primary Consideration Before Allowing Order XI Rule 12 Application: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the primary consideration for the court before allowing an application under Order-XI Rule-12 CPC lies in determining the relevance of the documents, especially when a party seeks a specific document.Justice Sindhu Sharma clarified that any document shedding light on the proceedings becomes pertinent, contributing to the understanding...

English Translated Copy Certified By A Sworn Or Official Translator Is Sufficient Compliance Of Section 47(2) Of The A&C Act: J&K High Court

The High Court of Jammu & Kashmir High Court has held that filing of an English translated copy certified by an official or sworn translator satisfies the requirement of Section 47(2) of the A&C Act which provides that if an award is in a foreign language, a translated copy of the award is to be filed for the purpose of the enforcement of the foreign award and the same has...