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.
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”.
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.
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.
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.
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.
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.