J&K&L High Court Weekly Round Up: August 15- August 21, 2022

Nominal Index [Citations 99 - 109]:Mashooq Ahmad Beigh Vs UT of J&K 2022 LiveLaw (JKL) 99 Raaisha Vs Syed Sudhanshu Pandey 2022 LiveLaw (JKL) 100 State of J&K Vs Mushtaq Ahmad Naik & Ors. 2022LiveLaw (JKL) 101 Arshad Hussain Vs General Officer Commanding 56 APO 2022 LiveLaw (JKL) 102 Adnan Hassan Khan & Ors Vs Irshad Ahmad Kamili 2022 Live Law (JKL) 103 Latief Ahmad Rather Vs Shafeeqa Bhat 2022 LiveLaw (JKL) 104 Ram Charan Singh Vs Ranjyoti Singh 2022 LiveLaw (JKL) 105 Majid Nabi Khan Vs Executive Officer MC Bijbehara 2022 LiveLaw (JKL) 106 Darshan Singh Vs Indru Devi 2022 LiveLaw (JKL) 107 Tanveer Ahmad Khan Vs JK BOSE 2022 LiveLaw (JKL) 108 Abdul Rehman Dar Vs Tariq Ahmad Wagay 2022 LiveLaw (JKL) 109Judgements/Orders Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court Case Title: MASHOOQ AHMAD BEIGH v UNION TERRITORY OF J&K & ORS Citation: 2022 LiveLaw (JKL) 99 A single bench of J&K&L High Court observed that It is a settled law that while considering the case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. Justice Sanjay Dhar further observed that at the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is committed which would require the accused to be put on trial. A strong suspicion is enough to suggest commission of offence by an accused. Sec 125 CrPC | Grant Of Maintenance To Child Can Wait Till Veracity Of Claim Is Ascertained In Cases Of Disputed Paternity: J&K&L High Court Case Title: Raaisha Vs Syed Sudhanshu Pandey Citation: 2022 LiveLaw (JKL) 100 The Jammu and Kashmir and Ladakh High Court ruled that grant of maintenance to a minor child should be the paramount consideration for a Magistrate dealing with a petition under Section 125 of CrPC but, when the paternity of a child is seriously disputed it would not be prudent for a Magistrate to fasten the liability of maintaining the child without first ascertaining the veracity of the claims. Years Of Service Alone Does Not Entitle A Daily Wager To Regularization, Eligibility To The Post Paramount Consideration: J&K&L High Court Case Title: State of J&K Vs Mushtaq Ahmad Naik & Ors. Citation 2022 LiveLaw (JKL) 101 The High Court of Jammu & Kashmir and Ladakh ruled that the completion of seven years of continuous service alone would not entitle a daily wager for regularization, unless other eligibility conditions were fulfilled. "A Daily Rated Worker would become eligible for regularization on fulfilment of all the conditions as contained in Rule 4 of the provisions of SRO 64. Completion of seven years of continuous period of daily wage service alone thus would not entitle a daily wager for regularization unless such daily wager fulfills other eligibility conditions," the bench underscored. Party Seeking Appointment Of Arbitrator U/S 11(6) Must Demonstrate Failure By Other Party In Following Procedure: J&K&L High Court Case Title: Arshad Hussain Vs General Officer Commanding 56 APO Citation: 2022 LiveLaw (JKL) 102 The Jammu and Kashmir and Ladakh High Court ruled that a party seeking appointment of an arbitrator through the intervention of the court must demonstrate that there was a failure by the other party in following the procedure and accepting the request for the appointment of an arbitrator before approaching the court. "In the absence of such a notice, demand for arbitration and the mentioning of the specific dispute which require adjudication it cannot be said that there actually exists any arbitral dispute between the parties which is referable to arbitration", Chief Justice Pankaj Mithal recorded. Criminal Complaint Should Not Merely Mention Section & Its Language, Must Disclose Particulars Of Offences & Role Played By Each Accused: J&K&L HC Case Title: Adnan Hassan Khan & Ors Vs Irshad Ahmad Kamili Citation: 2022 LiveLaw (JKL) 103 Justice Sanjay Dhar Of J&K&L High Court observed that in order to lodge a proper complaint, mere mention of the sections and language of these sections is not all that is needed. What is required to be brought to the notice of the court is the particulars of the offences committed by each and every accused and the role played by each and every accused in commission of those offences...Unless specific allegations are made against the accused, it cannot be stated that they are involved in the alleged offences, the bench underscored. Bench Not Superior To Bar: J&K&L High Court Expunges Magistrate's Remarks Against Advocates Case Title: Latief Ahmad Rather Vs Shafeeqa Bhat ...

J&K&L High Court Weekly Round Up: August 15- August 21, 2022

Basit Amin Makhdoomi

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