J&K&L High Court Monthly Digest: October 2022

Nominal Index : [Citations 168 - 200] Mushtaq Ahmad Pandit Vs Addl Deputy Commissioner & Ors 2022 LiveLaw (JKL) 168 Mohd Hussain Vs Shabnam Ara 2022 LiveLaw (JKL) 169 Custodian General Vs J&K Special Tribunal 2022 LiveLaw (JKL) 170 Cadila Pharmaceuticals Ltd Vs Drug Inspector Kathua 2022 LiveLaw (JKL) 171 Cipla Ltd Vs State of J&K 2022 LiveLaw (JKL) 172 Ravinder Kumar Gupta Vs UT of J&K 2022 LiveLaw (JKL) 173 Bashir Ahmed Vs UT of J&K 2022 LiveLaw (JKL) 174 Syed Afshana Bhat Vs University of Kashmir & Ors 2022 LiveLaw (JKL) 175 Bimla Ji Bhat & Ors Vs Union of India 2022 LiveLaw (JKL) 176 Murtaza Rashid Vs UT of J&K 2022 LiveLaw (JKL) 177 Showkat Ahmad Rather Vs Govt of J&K 2022 LiveLaw (JKL) 178 Abdul Majeed Bhat Vs UT of J&K 2022 LiveLaw (179) Shameema Akhter Vs Abdul Jabbar Lone 2022 LiveLaw (JKL) 180 Sajad Tariq and Ors Vs Com Secy Youth Service and Sports 2022 LiveLaw (JKL) 181 Nazir Ahmad Ganai Vs State of J&K 2022 LiveLaw ( JKL) 182 Rupesh Kumar Vs UT of J&K 2022 LiveLaw (JKL) 183 Bashir Ahmad Khan & Ors Vs UT of J&K & Ors 2022 LiveLaw (JKL) 184 Bahu Builders and Traders Jammu Pvt. Ltd Vs J&K Dharmarth Trust & Ors 2022 LiveLaw (JKL) 185 Syed Akeel Shah Vs Directorate of Enforcement 2022 LiveLaw (JKL) 186 Ravinder Gupta Vs UT of J&K 2022 LiveLaw (JKL) 187 Indra Thakur Vs State of J&K 2022 LiveLaw (JKL) 188 State of J&K Vs Bhumesh 2022 LiveLaw (JKL) 189 S Rawail Singh Vs Gurinder Jeet Kour 2022 LiveLaw (JKL) 190 Ab Rasheed Bhat Vs HDFC Bank 2022 LiveLaw (JKL) 191 Syed Akeel Shah vs Directorate Of Enforcement 2022 LiveLaw (JKL) 192 Shailender Parihar Vs Sarmad Hafez 2022 LiveLaw (JKL) 193 Mohammad Anwar Chowdhary & Ors Vs UT of J&K 2022 LiveLaw (JKL) 194 Green Valley Sumo Taxi Stand Union Vs UT of J&K & Ors 2022 LiveLaw (JKL) 195 Mohd. Bashir Vs UT of J&K 2022 LiveLaw (JKL) 196 Ms. X (Minor) Vs. UT of J&K and others 2022 LiveLaw (JKL) 197 Raheela Nazir Vs J&K EDI 2022 LiveLaw (JKL) 198 Amina Begum Vs State of J&K & Ors 2022 LiveLaw (JKL) 199 State of J&K through police station Zainapora vs Zia Mustafa and others 2022 LiveLaw (JKL) 200 Judgements/Orders : Consent Decree Must Not Be Used For Avoiding Registration Of Sale Deeds, Paying Stamp Duty: J&K&L High Court Case Title : Mushtaq Ahmad Pandit Vs Addl Deputy Commissioner & Ors. Citation : 2022 LiveLaw (JKL) 168 The Jammu and Kashmir and Ladakh High Court cautioned the civil courts that while exercising their jurisdiction utmost care should be taken to ensure that a consent decree is not sought to achieve sinister purposes like avoiding registration of sale deeds or paying stamp duty. "A collusive decree cannot be used as a cloak for the sale deed. There could be numerous occasions where parties in collusion with each other may approach the civil Courts for passing the decrees in contravention of law and for achieving the unlawful objects," Said Justice Sanjeev Kumar in a judgement. S.12 DV Act | Magistrate Can Revoke Summons Based On Response Filed By Husband/ Relatives: J&K&L High Court Case Title :Mohd Hussain Vs Shabnam Ara Citation : 2022 LiveLaw (JKL) 169 The Jammu and Kashmir and Ladakh High Court ruled that a Magistrate would be well within its jurisdiction to cancel the interim order passed by it under Section 12 of the Domestic Violence Act, if upon going through the response of the husband and his relatives, it finds that they have been unnecessarily roped in or no case for grant of interim order is made out. J&K Evacuees Property Act | Tribunal Competent To Exercise Powers Of Revision Against Orders Of Custodian General U/S 30-A: J&K&L HC Case Title :Custodian General Vs J&K Special Tribunal Citation : 2022 LiveLaw (JKL) 170 Determining several important legal questions pertaining to the cases under the Evacuees Property Act, the Jammu and Kashmir and Ladakh High Court held that J&K Special Tribunal can exercise powers of revision against the orders passed by the Custodian General, Evacuee Property. Company Upon Conviction Can Be Sentenced To Punishment Of Fine Even Though Offence Carries Punishment of Imprisonment As Well: J&K&L High Court Case Title :Cadila Pharmaceuticals Ltd Vs Drug Inspector Kathua Citation : 2022 LiveLaw (JKL) 171 The Jammu and Kashmir and Ladakh High Court ruled that where a company is alleged to have committed a criminal offence and is liable to be prosecuted even without impleading its Directors/persons responsible for conduct of its day to day business, upon conviction, the said company can be sentenced to punishment of fine, even though the offence for which the company has been convicted carries punishment of imprisonment as well. Drugs & Cosmetics Act | Defeating Accused' Right To Adduce Evidence U/S 25(3) In Controversion of Govt...

J&K&L High Court Monthly Digest: October 2022

Basit Amin Makhdoomi

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