JKL High Court Weekly Round-Up: December 5 To December 11, 2022

Nominal Index : Ram Gopal Meena Vs CBI 2022 LiveLaw (JKL) 232 Rohit Sharma Vs State of J&K 2022 LiveLaw (JKL) 233 Mtr Mehmooda Vs State of J&K 2022 LiveLaw (JKL) 234 M/S Doon Caterers Dehradun Uttrakhand Vs Union of India 2022 LiveLaw (JKL) 235 Kamlesh Devi & Ors Vs State of J&K & Ors 2022 LiveLaw (JKL) 236 Ali Mohammad & Ors Vs State of J&K 2022 LiveLaw (JKL) 237 Murad Ali Sajan & Ors Vs UT of J&K 2022 LiveLaw (JKL) 238 Abida Afzal Vs State Election Commission & Ors 2022 LiveLaw (JKL) 239 Vinkal Sharma & Ors Vs UT of J&K and Ors 2022 LiveLaw (JKL) 240 S. K. Bakshi Vs Punjab National Bank & Ors 2022 LiveLaw (JKL) 241 Judgements /Orders : Prolonged Preliminary Enquiry Does Not Vitiate Criminal Proceedings Against Corruption Unless Accused Shows Prejudice Caused To Him: JKL High Court Case Title : Ram Gopal Meena Vs CBI Citation : 2022 LiveLaw (JKL) 232 The Jammu and Kashmir and Ladakh High Court ruled that merely because preliminary enquiry has taken a long time to complete, the same cannot be said to have vitiated the criminal proceedings initiated in a corruption case, particularly when no prejudice has been caused to the accused by such act of the enquiry officer. Successful Prosecution Is Based Upon Quality Of Police Investigation, Not Length Of Continuing Custody Of Accused: JKL High Court On Bail Case Title : Rohit Sharma Vs State of J&K Citation : 2022 LiveLaw (JKL) 233 The Jammu and Kashmir and Ladakh High Court reiterated that a successful prosecution of a criminal case in a court of law is not based on the length of continuing custody of a suspect or an accused during the course of investigation. A bench comprising Justice Rahul Bharti observed, "A successful prosecution of a criminal case in a court of law is based upon quality of police investigation with respect to the facts and circumstances of the case attending the commission of offences and not by length of continuing custody of a suspect or an accused during the course of investigation. An investigation authority is bound to show and demonstrate on factual basis as to how if an accused is admitted to bail in a case before finalization of police investigation and consequent presentation of police report under section 173 Cr. P.C, 1973, the investigation work is likely to suffer hurdles/obstacles to the prejudice of taking the investigation to the truth of the matter". Appointment Obtained Fraudulently Is Non-Est In Law, Not Necessary To Hold An Enquiry Before Termination: JKL High Court Case Title : Mtr Mehmooda Vs State of J&K Citation : 2022 LiveLaw (JKL) 234 The Jammu and Kashmir and Ladakh High Court reiterated that if an appointment is non-est in the eyes of law or is based upon forgery and fraud, it is not necessary for the employer to hold an enquiry before terminating the services of such an employee. [Arbitration & Conciliation Act] Proceedings U/S 9 Interim In Nature, Not Meant For Enforcement Of Conditions Of Contract: JKL High Court Case Title : M/S Doon Caterers Dehradun Uttrakhand Vs Union of India Citation : 2022 LiveLaw (JKL) 235 The Jammu and Kashmir and Ladakh High Court ruled that final relief cannot be granted under Section 9 of the Arbitration and Conciliation Act, 1996 as proceedings under the said provision are of interim measure and are not meant for enforcement of the conditions of the contract, which can be done only when the rights of the parties are finally adjudged or crystallized by the arbitrator. Explaining the law applicable to the instant subject Justice Nargal observed, "The proceedings of Section 9 of the Act is by way of an interim measure and are not meant for enforcement of the conditions of the contract as it would be done only when the rights of the parties are finally adjudged or crystallized by the arbitrator. Section 9 proceedings which are for interim measures cannot be converted into the proceedings where a party may seek indirectly a final relief but nature of the conditions incorporated in the terms and conditions of the agreement, its scope and merit in-law and its applicability, are all questions to be examined by the arbitrator in accordance with law". Judicial Magistrate Not Competent To Direct Re-Investigation Or Transfer Case From One Investigating Agency To Another: JKL High Court Case Title : Kamlesh Devi & Ors Vs State of J&K & Ors. Citation : 2022 LiveLaw (JKL) 236 The Jammu and Kashmir and Ladakh High Court recently reiterated that a judicial magistrate is not competent to order re-investigation in a case nor is he empowered to transfer the case from one investigating agency to another. Justice M A Chowdhary observed, "No other Court except the Superior /Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the...

JKL High Court Weekly Round-Up: December 5 To December 11, 2022

Basit Amin Makhdoomi

Tags