Jammu & Kashmir And Ladakh High Court Monthly Digest: September 2024

Nominal Index:Kishore Kumar Vs Ishar Das 2024 LiveLaw (JKL) 250Narayan Sharma @ Shuna through Mrs. Lata Sharma (Mother) Vs UT of J&K 2024 LiveLaw (JKL) 251Showkat Ahmad Vs State of J&K 2024 LiveLaw (JKL) 252Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw (JKL) 253Raman Kumar Vs UT of J&K 2024 LiveLaw (JKL) 254Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw (JKL) 255Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw (JKL) 256Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw (JKL) 257State through P/S Pulwama Vs Nazir Ahmad Rather 2024 LiveLaw (JKL) 258 Aqib Ahmad Renzu Vs UT of J&K 2024 LiveLaw (JKL) 259Dr Tanveer Hussain Khan & Ors Vs Andleeba Rehman & Ors 2024 LiveLaw (JKL) 260Talib Hussain @ Javied Vs UT of J&K 2024 LiveLaw (JKL) 261Ashraf Ali @ Shiffu Vs Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 262Khursheed Ahmad Chohan VS UT of J&K 2024 LiveLaw (JKL) 263Sh. Vijay Sharma Vs U.T of Jammu and Kashmir 2024 LiveLaw (JKL) 264Shagufta Bano V/S UT of J&K 2024 LiveLaw (JKL) 265Zaffar Abbas Din Vs Nasir Hamid Khan 2024 LiveLaw (JKL) 266Satpal Sharma Vs State of J&K 2024 LiveLaw (JKL) 267Anju Khan Vs UT Of J&K 2024 LiveLaw (JKL) 268Kishan Tukaram Gavade Vs Union Of India 2024 LiveLaw (JKL) 269Dr. Ashiq Hussain Factoo Vs State of J&K & Ors 2024 LiveLaw (JKL) 270Himashu Gupta Vs Sohani Ram 2024 LiveLaw (JKL) 271Judgments/Orders:Wrong Description Of Property In Non-Mortgage Suits Not Grounds For Dismissal Under Order 7 Rule 11 CPC: J&K High Court ClarifiesCase Title: Kishore Kumar Vs Ishar DasCitation: 2024 LiveLaw (JKL) 250The High Court of Jammu and Kashmir and Ladakh clarified that under Order 7 Rule 11 of the Code of Civil Procedure (CPC), a suit cannot be dismissed merely due to the improper or incorrect description of immovable property, except in cases involving mortgage suits.A bench of Justice Javed Iqbal Wani emphasized that this requirement is not mandatory in other suits, thereby offering crucial clarity on the interpretation of this provision.Preventive Detention Can Be Ordered Irrespective Of Ongoing Or Concluded Criminal Proceedings: J&K High CourtCase Title: Narayan Sharma @ Shuna through Mrs. Lata Sharma (Mother) Vs UT of J&KCitation : 2024 LiveLaw (JKL) 251Upholding the validity of a preventive detention order the Jammu and Kashmir and Ladakh High Court reaffirmed that preventive detention can be ordered irrespective of ongoing or concluded criminal proceedings.The court emphasized that such detention may occur “before, during, or after prosecution, with or without prosecution, and even after discharge or acquittal,” making it clear that preventive detention serves a distinct purpose from punitive measures in criminal law.S.113A Evidence Act | Wife's Suicide Within Seven Years Of Marriage Doesn't Automatically Trigger Presumption Of Abetment Against Husband: J&K HCCase Title: Showkat Ahmad Vs State of J&KCitation: 2024 LiveLaw (JKL) 252The High Court of Jammu and Kashmir and Ladakh held that the mere fact that a woman commits suicide within seven years of her marriage does not automatically invoke the presumption under Section 113-A of the Evidence Act. Section 113A of the Indian Evidence Act of 1872 deals with the presumption of suicide abetment by a husband or relative of a married woman.[Defamation] Application Claiming Exception Of 'Good Faith Accusation' Cannot Be Dismissed At Threshold, Requires Trial To Examine: J&K HCCase Title: Yashpal Sharma & Ors. Vs Rupali Sharma.Citation: 2024 LiveLaw (JKL) 253In a notable ruling, the Jammu and Kashmir and Ladakh High Court emphasized that the application of the Eighth Exception to Section 499 (Defamation) of the Ranbir Penal Code (RPC) (pari materia to Sec 499 of IPC) involves the determination of factual issues that cannot be assessed at the threshold stage by the trial court or in a petition seeking quashing.Embargo On Bail In Death Or Life Imprisonment Cases Cannot Supersede Right To Speedy Trial: J&K High CourtCase Title: Raman Kumar Vs UT of J&KCitation: 2024 LiveLaw (JKL) 254The Jammu & Kashmir and Ladakh High Court ruled that the embargo under the Code of Criminal Procedure for granting bail in cases punishable by death or life imprisonment cannot override the fundamental right to a speedy trial, as guaranteed under Article 21 of the Constitution of India.Granting bail to one Raman Kumar, the petitioner, who had been incarcerated for over 13 years without his trial being concluded a bench of Justice Rajnesh Oswal observed, “While considering the bar for grant of bail in offences punishable with death or life imprisonment, a proper balance is required to be maintained to ensure that the right of the accused to Speedy Trial is not violated”. [S.138 NI Act] Complaint Is Maintainable Even If Cheque Is Dishonoured Due To 'Frozen Account': J&K High CourtCase Title: Sheikh Owais Tariq Vs Satvir SinghCitation: 2024 LiveLaw (JKL) 255The Jammu & Kashmir and Ladakh High Court held that a complaint under ...

Jammu & Kashmir And Ladakh High Court Monthly Digest: September 2024

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