Jammu and Kashmir and Ladakh High Court Monthly Digest November 2023

Nominal Index:Abdul Rehman Nath V/s Umar Mohammad Beigh 2023 LiveLaw (JKL) 278Dr. Abid Hussain Vs State (now Union Territory) of J&K 2023 LiveLaw (JKL) 279Syed Irfan Abdullah Vs UT of J&K 2023 LiveLaw (JKL) 280Mrs. Syed Asma Balki Vs. Mudasir Shibzada 2023 LiveLaw (JKL) 281ZAHOOR AHMAD DAR Vs JAMEELA BANO & ANOTHER 2023 LiveLaw (JKL) 282A K Engineers and Contractors Pvt Ltd v. Union Territory of J&K 2023 LiveLaw (JKL) 283Nadeem Ur Rehman Vs UT of J&K 2023 LiveLaw (JKL) 284Director, Estates Department, Jammu Vs Avtar Krishan 2023 LiveLaw (JKL) 285Kewal Krishan Vs Financial Commissioner ACS Home Department and ors 2023 LiveLaw (JKL) 286Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam 2023 LiveLaw (JKL) 287DR. INSHA ABID Vs UNION OF INDIA & ORS 2023 LiveLaw (JKL) 288Sajad Ahmad Dar v. Union Territory of Jammu & Kashmir 2023 LiveLaw (JKL) 289Madhu Bakshi Vs ACB Kashmir 2023 LiveLaw (JKL) 290Jagar Singh Vs UT of J&K 2023 LiveLaw (JKL) 291Peerzada Shah Fahad Vs UT of J&K & Anr 2023 LiveLaw (JKL) 292Adil Farooq Bhat Vs VC Central University Kashmir 2023 LiveLaw (JKL) 293Sunita Wali Vs UOI and others 2023 LiveLaw (JKL) 294Jahangeer Ahmad Mugloo Vs UT of J&K 2023 LiveLaw (JKL) 295Davinder Kumar Batra Vs The Authority Under Payment of Wages Act 1936 and Ors 2023 LiveLaw (JKL) 296Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam 2023 LiveLaw (JKL) 297M/S FAROOQ AHMAD MIR Vs UT OF J&K AND ORS 2023 LiveLaw (JKL) 298STATE OF J&K Vs FEROZ AHMAD NAJAR & ANR 2023 LiveLaw (JKL) 299Nazir Ahmad Najar Vs UOI 2023 LiveLaw (JKL) 300Hakeem Muzafar Khaliq Vs Inspector General, Crime Branch, Srinagar 2023 LiveLaw (JKL) 301Judgments/Orders:Court's Discretion To Extend Time To File Written Statement Beyond 120 Days Revoked By Amendments To J&K CPC: High CourtCase Title: Abdul Rehman Nath V/s Umar Mohammad BeighCitation: 2023 LiveLaw (JKL) 278The Jammu and Kashmir and Ladakh High Court 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 conclusion emerges from above is that if a defendant fails to file his written statement within the prescribed time provided under Order VIII Rule (1), the right to file same shall stand forfeited and the Court can in no situation allow the same to be taken on record.Objections U/S 47 CPC Must Be Raised At Initial Stages, Cannot Be Entertained Once Court Has Issued Order For Effective Execution: J&K High CourtCase Title: Dr. Abid Hussain Vs State (now Union Territory) of J&KCitation: 2023 LiveLaw (JKL) 279The Jammu and Kashmir and Ladakh High Court clarified that objections under Section 47 CPC must be raised at the initial stages of the execution application and these objections cannot be raised once the court has already exercised its jurisdiction, issued an order for effective execution, and called for a compliance report.Furthermore, Justice Javed Iqbal Wani stressed that objections cannot be raised once the respondents have committed to implementing the judgment and decree.UAPA | Plea For Default Bail Filed A Day Before Expiry Of Authorized Custody Period Not Maintainable: Jammu & Kashmir High CourtCase Title: Syed Irfan Abdullah Vs UT of J&KCitation: 2023 LiveLaw (JKL) 280The Jammu and Kashmir and Ladakh High Court has made it clear that a plea for default bail filed a day before the expiry of authorized custody period under the Unlawful Activities (Prevention) Act (UAPA) is not maintainable.Finding that the appellant in this case had moved an application for default bail on the 90th day of the 90-days authorized custody period, a bench of Justices Sanjeev Kumar and Rajesh Sekhri observed,"In the instant case we find that the appellant had moved an application for default bail on 11-04-2023 which was the 90th day of the authorized custody of the appellant. That being so, the application moved by the appellant for default bail was stillborn and not maintainable in law, We cannot lose sight of the fact that the prosecution has now presented the challan after completing the investigation within the period authorized by the NIA Court”.Orders Passed U/S 12 Domestic Violence Act Can't Be Assailed Directly U/S 482 CrPC Unless Remedy Of Appeal Is Availed: J&K High CourtCase Title: Mrs. Syed Asma Balki Vs. Mudasir ShibzadaCitation: 2023 LiveLaw (JKL) 281The Jammu and Kashmir and Ladakh High Court clarified that orders passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) cannot be directly challenged under Section 482 of the Criminal Procedure Code (CrPC) unless the remedy of statutory appeal is availed.Dismissing a petition under Section 482 assailing the orders passed by the Judicial Magistrate under Sec 12 of the DV Act, Justice Sanjay Dhar...

Jammu and Kashmir and Ladakh High Court Monthly Digest November 2023

Basit Amin Makhdoomi

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