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

Nominal Index [Citations 144 - 168]:Ghulam Nabi Mir Vs UT of J&K 2023 LiveLaw (JKL) 144Makhan Lal Vs UT of J&K 2023 LiveLaw (JKL) 145Rahul Kumar Vs UT of J&K 2023 LiveLaw (JKL) 146Ravi Kumar Vs UT of J&K 2023 LiveLaw (JKL) 147Rajni Devi Vs State of J&K 2023 LiveLaw (JKL) 148Hakim Din Vs Akbar Noor & Ors 2023 LiveLaw (JKL) 149Union of India v. S.P. Singla Construction Pvt. Ltd 2023 LiveLaw (JKL) 150Raja Sajad Ahmad Wan Vs State of J&K 2023 LiveLaw (JKL) 151M/s Best Crop Science Industrial Area Versus Union of India 2023 LiveLaw (JKL) 152Mahant Subash Shah Vs Kabir Singh & Anr 2023 LiveLaw (JKL) 153State of J&K Vs Davinder Kumar & Ors 2023 LiveLaw (JKL) 154State (now UT) of J&K Vs Bashir Ahmad 2023 LiveLaw (JKL) 155Shukal Singh Vs v/s G.M., Jammu Co-Operative Wholesale Ltd.& Anr 2023 LiveLaw (JKL) 156M/S Shaf Sons through Gowhar Ahmad Mir & Another Vs Jammu & Kashmir Bank Ltd. & Ors 2023 LiveLaw (JKL) 157Mohammad Sultan Nagoo vs Custodian Evacuee Property and others 2023 LiveLaw (JKL) 158Ravinder Singh Vs J&K Sports Council 2023 LiveLaw (JKL) 159Naseema Begum Vs UT of J&K 2023 LiveLaw (JKL) 160Chajju Singh Bharat Bhushan Gupta Vs Subash Aggarwal and others Chajju Singh and ors 2023 LiveLaw (JKL) 161Mst Jana Vs State of J&K 2023 LiveLaw (JKL) 162Mohd Sharief and others Vs State of J&K 2023 LiveLaw (JKL) 163National Insurance Co. Ltd. Subash Chander Vs Subash Chander and others. National Insurance Company Ltd 2023 LiveLaw (JKL) 164State of J&K Vs Sham Lal 2023 LiveLaw (JKL) 165M/s Ali Shah through Arif Ahmad Shah Versus Union of India and others 2023 LiveLaw (JKL) 166Monica Pathania Vs State of J&K 2023 LiveLaw (JKL) 167M/S VJ Jindal Cocoa Pvt. Ltd Vs Union of India and others 2023 LiveLaw (JKL) 168Judgments/Orders:Jammu & Kashmir High Court Says Bid Security Is Indispensable In Tendering Process, Rejects Substitution With Performance SecurityCase Title: Ghulam Nabi Mir Vs UT of J&K.Citation: 2023 LiveLaw (JKL) 144The Jammu and Kashmir and Ladakh High Court said that bid security cannot be substituted by performance security as both are distinguishable and are submitted on different stages of the tender process.S.446 CrPC | Accused Must Be Given Opportunity Before Court Records Satisfaction As To Breach Of Bond: Jammu & Kashmir High CourtCase Title: Makhan Lal Vs UT of J&KCitation: 2023 LiveLaw (JKL) 145Stressing on the need to ensure fairness and due process in cases where breach of a bond under Section 446 CrPC is alleged, the Jammu and Kashmir and Ladakh High Court has said it is mandatory that the court issues a notice first, providing the accused an opportunity to explain any alleged breaches.If the court remains unsatisfied with the explanation provided by the accused, only then can it proceeds to record its satisfaction of such breach, it clarified.Leniency In Matters Involving Unnatural Offences Not Only Undesirable, But Also Against Public Interest: Jammu & Kashmir High CourtCase Title: Rahul Kumar Vs UT of J&KCitation: 2023 LiveLaw (JKL) 146Dismissing a bail application of a person in a case under Section 377, 506 IPC and Sections 4 & 5 of POCSO Act, the Jammu and Kashmir and Ladakh High Court observed that leniency in matters involving unnatural offences is not only undesirable, but also against public interest. Such types of offences are to be dealt with severity and with iron hands and leniency in such matters would be really a case of misplaced sympathy, said the court.When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO CaseCase Title: Ravi Kumar Vs UT of J&K.Citation: 2023 LiveLaw (JKL) 147Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely."It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding to step into the witness box. This conduct of the victim is sufficient to entitle the petitioner to the concession of bail," Justice Sanjay Dhar observed.Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High CourtCase Title: Rajni Devi Vs State of J&KCitation: 2023 LiveLaw (JKL) 148The Jammu and Kashmir and Ladakh High Court reiterated that the actual purpose of Order 6 Rule 17 of the Code of Civil Procedure (CPC) in the legal system is to advance the cause of justice rather than impede it.Expounding the law on the subject, Justice Javed Iqbal Wani observed that the underlying object of Order 6 Rule 17 Court should try the merits of the case that comes before it and should consequently allow the amendments that may be necessary for determining the real question in controversy between the parties, as ultimately the Courts exist for doing justice between the parties and not for...

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

Basit Amin Makhdoomi

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