Read more about the article Whether Sec 438 of Code of Criminal Procedure 1973 empowers to grant anticipatory bail by any High Court or Court of Sessions within the Country irrespective of the Place of Commission of Offence | High Court of J&K and Ladakh
Source: JK Legal Forum

Whether Sec 438 of Code of Criminal Procedure 1973 empowers to grant anticipatory bail by any High Court or Court of Sessions within the Country irrespective of the Place of Commission of Offence | High Court of J&K and Ladakh

The Bench of Justice Mohan Lal has observed that the High Court having the territorial/geographical limits where the offences are allegedly committed has the power/jurisdiction u/s 438 of Code of Criminal Procedure for granting anticipatory bail, and High Court of each State shall exercise its powers within the State without encroaching upon or interfering within the jurisdiction of other High Courts.

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The Period During Which An Accused Has Been Enlarged On Bail Cannot Be Computed While Calculating The Period Of Custody For The Purposes Of Considering The Default Bail: High Court of J&K and Ladakh

The Court has observed that the period during which an accused has not been in custody or has been enlarged on bail cannot be computed while calculating the period of custody for the purposes of considering the default bail plea.

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Land Revenue Act | Revision Petition filed at the instance of aggrieved party would attract the provisions of limitation: High Court of J&K and Ladakh

The Bench of Justice Rajnesh Oswal observed that the revision petition filed at the instance of aggrieved party would attract the provisions of limitation.

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Section 195(1)(b) CrPC | Magistrate is debarred from taking Cognizance of Offence under Section 211 RPC, When such offence have been Committed in or in relation to any proceedings in any Court: High Court of J&K and Ladakh

The Bench of Justice Javed Iqbal Wani has observed that under Section 195 (1) (b) CrPC, the Magistrate is debarred from taking cognizance of the offence under Section 211 RPC in the absence of a complaint in writing of the Magistrate himself, in that, the offence must have been committed within “in, or in relation to, any proceedings in any court”.

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Non-Consideration or an Unreasonably Belated Consideration of the representation tantamount to non-compliance of Article 22(5) of the Constitution: High Court of J&K&L

Failure of the respondents to place the representation submitted by the detenue before the Advisory Board and its consequent non-consideration indisputably amounts to violation of the provisions of Article 22(5) of the Constitution, the bench observed.

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Death by Negligence | Liability cast upon the State under law of Torts to Compensate the Petitioners on account of Negligence and Carelessness lie within the Parameters of Strict Liability: High Court of J&K&L

The Bench of Justice Javed Iqbal Wani has observed in a petition that the liability cast upon the State in law under law of Torts to compensate the petitioners on account of negligence and carelessness would lie within the parameters of “strict liability”.

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Read more about the article Right of Residence under Section 19 of the DV Act is not an indefeasible Right of Residence in shared household especially when the Daughter-in-Law is pitted against aged Father-in-law and Mother-in-law.
PC: High Court of Delhi

Right of Residence under Section 19 of the DV Act is not an indefeasible Right of Residence in shared household especially when the Daughter-in-Law is pitted against aged Father-in-law and Mother-in-law.

DV Act is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law and mother-in-law.

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J&K-CSR | Basic Requirement for Claiming the Benefit of Article 77-D, the Direct Recruit ought to have been Discharging his/her service on Substantive Basis in the erstwhile Department: High Court of J&K and Ladakh

The Division Bench of the High Court of J&K and Ladakh has observed that the basic requirement for claiming the benefit under Article 77-D in relation to a direct recruitee is that the said direct recruitee ought to have been holding a post on substantive basis in the erstwhile Department/ Service at the time of his/ her appointment in the new Department/ Service.

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To acquire ‘temporary’ status the casual labourer should have been in employment as on the date of commencement of the Scheme and have also rendered a continuous service of at least one year: High Court of J&K&L

The Division Bench of the High Court of J&K and Ladakh comprising of Justice Ali Mohammad Magrey and Justice Mohd. Akram Chowdhary has observed that in order to acquire ‘temporary’ status, the casual labourer should have been in employment as on the date of commencement of the Scheme and have also rendered a continuous service of at least one year.

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