History Sheets Only To Be Opened If Authority Reasonably Convinced Of Habitual Offending: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that law enforcement shall strictly adhere to established parameters in Police Rules while opening or retaining history sheets. It added that a history sheet can be opened only on the subjective satisfaction of the authority that the person is a habitual offender. Justice M A Chowdhary added that authorities must exercise this...

FIR Can Be Registered On Complaint Received Via WhatsApp: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently held that registration of complaints via WhatsApp, coupled with acknowledgement by relevant authorities, is substantial compliance of Sections 154(1) and 154(3) of CrPC- provisions pertaining to registration of FIRs.Justice Javed Iqbal Wani made this observation while hearing a plea challenging a complaint filed by the respondent under...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 11 - September 17, 2023

Nominal Index:Sajad Ahmad Mir V/s Mukhtair ul Qadir 2023 LiveLaw (JKL) 245Mohammad Rafiq Mir Vs Mohamad Bhat 2023 LiveLaw (JKL) 246Intizamiya Committee Dargah and Anr v. Union Territory of J&K and Ors 2023 LiveLaw (JKL) 247Nikhil Sharma Vs State of J&K and others 2023 LiveLaw (JKL) 248Abdul Rashid Dar vs. UT Of J&K 2023 LiveLaw (JKL) 249Brij Mohan Sawney Vs Sanjeev Kumar Gupta...

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

The Jammu and Kashmir and Ladakh High Court has clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8(1) of the Act to create a legal bar in referring the matter to an arbitratorSection 8(1) of the Act prescribes...

Court Not Barred From Assessing Detention Orders If Unjust Detention Suspected: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has quashed a detention order observing that while the Court does not engage in evaluating the detention order as in an appellate process, it does not imply that the Court is entirely precluded from scrutinizing the detention order. Justice Puneet Gupta added that if it finds that the order is merely a facade designed to unjustly detain an...

No Father Would Falsely Accuse An Innocent Person Of Committing Rape On Mentally Unsound Minor Daughter: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has upheld a rape conviction on the testimony of the father of the mentally unsound daughter observing that no father would falsely implicate an innocent person for such an offence. A bench of Justices Rajnesh Oswal and Moksha Khajuria Kazmi was hearing an appeal against the judgment passed by the Additional Sessions Judge which convicted the...

Govt Notifications That Create, Extinguish Rights Should Be Published In Govt Gazette Unlike Those Declaring Existing Facts: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that while government notifications that create or extinguish rights and liabilities require mandatory publication in the Government Gazette, those that inform the public about existing facts can be deemed as directory in nature.A bench of Justice Javed Iqbal Wani was hearing a petition challenging the takeover of a religious site...

CPC | Not Necessary To Assess Legality Of Underlying Circumstances While Allowing Amendment To Plaints: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that when permitting amendments of plants under Order VI Rule 17 CPC, courts are not obligated to delve into the legality or illegality of the circumstances that prompted the amendment.Justice Puneet Gupta added that the order sought to be included in the amended pleadings was a matter for a forum other than the civil court.“The...

Issuance Of Process Must Reflect Application Of Mind, Can't Simply Fill Blank Spaces In Printed Proforma: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has deprecated the practice of issuance of process on printed proforma by filling blank spaces.Bench of Justice Rajnesh Oswal reasoned that issuance of process is a serious matter and it must reflect the application of mind on the part of the concerned Magistrate though it is not incumbent upon the Magistrate to explicitly state the reasons for...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 4 - September 10, 2023

Nominal Index:Happy Singh vs. Union of India 2023 LiveLaw (JKL) 238SHAH MASOOD AHMAD AND ANR vs. SHAH SHABIR AHMAD 2023 LiveLaw (JKL) 239BILLO KASANA & OTHERS Vs STATE OF J&K & ORS 2023 LiveLaw (JKL) 240Noor Ahmad Shah vs. Union of India and Ors 2023 LiveLaw (JKL) 241MOLVI AB. RASHID SHEIKH Vs U T OF J&K &anr. ..Mushtaq Ahmad Bhat @ Veeri V/s Union Territory of J&K...

Framing Of Charges | High Court Can't Scrutinise Evidence To Differ From Trial Court's Opinion: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court on Friday ruled that a High Court's scrutiny of the evidence and material collected by the prosecution in support of the charge, in exercise of its inherent jurisdiction under Section 561-A of the J&K Code of Criminal Procedure is not any higher than that of the court that framed the charge.“Sifting of evidence to come to a conclusion contrary...

Jammu & Kashmir High Court Quashes Detention Orders Of Prominent Clerics Moulana Abdul Rashid Dawoodi, Mushtaq Veeri

The Jammu & Kashmir High Court on Friday quashed the detention orders of two prominent clerics, Moulana Abdul Rashid Dawoodi and Mushtaq Ahmed Veeri, who were detained under the Public Safety Act (PSA) last year.Moulana Abdul Rashid Dawoodi, the leader of 'Tehreek-e-Sout-ul Auliya,' and Mushtaq Ahmed Veeri, associated with the Jamiat-Ahle-Hadees (JaH), have strong followings in the...