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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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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Person possessing a Light Motor Vehicle License would also be authorized to ply a Transport Vehicle without any separate endorsement provided the gross weight of the vehicle does not exceed 7500 kgms: High Court of J&K&L

ch of Justice Dhiraj Singh Thakur has observed that a person possessing a light motor vehicle licence would also be authorized to ply a transport vehicle without any separate endorsement provided the gross vehicle weight of the said transport vehicle does not exceed 7500/- kgms.

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Public Safety Act | One Prejudicial Act can be treated as Sufficient for Forming The Requisite Satisfaction For Detaining The Person: High Court of J&K&L

The Court while hearing a petition challenging the detention order has observed that one prejudicial act can be treated as sufficient for forming the requisite satisfaction for detaining the person. The power of preventive detention is a precautionary power exercised in reasonable anticipation.

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Magistrate takes Cognizance of the Offence and not of the Offenders under Section 190 CRPC | Concept of Impleadment of Accused in a Criminal Case: J&K&L High Court

Single Bench of the High Court of J&K&L comprising of Justice Rajnesh Oswal has observed that, as per the mandate of Section 190 of the Code of Criminal Procedure, a Magistrate upon receiving a complaint takes the congnizance of the offence and not of the offenders and if from the averments made in the complaint, the learned Magistrate comes to the conclusion that besides accused named in the complaint, there is/are other accused(s) as well, then the Magistrate is well within the jurisdiction to issue the process and summon them for facing the trial.

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