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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J&K High Court to hear the issue of jurisdiction with regard to the Service Disputes of the Employees of Municipal Committees / Tribunals  / Councils / Corporations

The Division Bench of the High Court of J&K and Ladakh comprising of Justice Ali Mohammad Magrey and Justice Mohd. Akram Chowdhary has opined that the issue with regard to jurisdiction qua the service disputes of the employees belonging to various Municipal Committees, Councils and Corporation in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh requires a detailed decision by this Court after hearing all concerned.

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Magistrate before accepting Closure Report of the investigating agency is duty bound to inform the Complainant: High Court of J&K&L

he Court has observed that a Magistrate before accepting closure report of the investigating agency is duty bound to issue a notice to the informant/complainant and afford him an opportunity of hearing.

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Holder of Shamilat Land has got the same rights as in the Proprietary Land: J&K High Court

The High Court of J&K and Ladakh has observed that the holder of Shamilat land has got the same rights in respect of the land as in the proprietary land and if a portion of Shamilat land comes under acquisition, holder thereof is entitled to its compensation in the same manner as in the case of proprietary land.

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Fake Currency Racket | Accused cannot be detained by way of punishment even if prima facie case is against the accused: J&K High Court

the High Court of J&K and Ladakh comprising of Justice Mohan Lal Manhas has observed that even if prima facie case is established against accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment, and regarding influencing of witnesses, the material witnesses cannot be expected to be win over by the accused.

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Read more about the article Fresh directions for the conduct of proceedings in the High Court and Subordinate Courts in Jammu and Kashmir in wake of Covid-19.
Source: JK Legal Forum

Fresh directions for the conduct of proceedings in the High Court and Subordinate Courts in Jammu and Kashmir in wake of Covid-19.

The Hon'ble Chief Justice of the High Court of J&K and Ladakh Court has issued fresh guidelines/directions for hearing and filing of cases in the High Court and Subordinate Courts.

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Court Cannot Appreciate Evidence Collected by the Prosecution While Hearing a Bail Application: J&K High Court

The Single Bench of the High Court, comprised of Justice Puneet Gupta while hearing a bail application observed that the court cannot appreciate the evidence that has been collected by the prosecution against the accused while deciding the bail application.

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J&K High Court | Once the Court is satisfied that a cognizable offence seemed to have been committed, order for registration of FIR shall follow.

The Court observed that there is a contradiction in the order passed by the Court below. While on one hand, the learned Magistrate appears to be satisfied that cognizable offences seemed to have been committed on the basis of averments made in the complaint, on the other hand, the learned Magistrate has forwarded the complaint to be looked into by the Crime Branch with a further direction to register a case only if some cognizable offences are found to have been committed.

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