In the year 2021, when the world was once again under the threat of Pandemic in shape of Covid-19 virus, our dynamic judicial institutions were still at the forefront in administering justice. Lets look at some of the judgments passed by the High Court of J&K and Ladakh in the year 2021 and reported by 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 LadakhApril 10, 2022
  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.
• 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 LadakhMarch 30, 2022
  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.
• Land Revenue Act | Revision Petition filed at the instance of aggrieved party would attract the provisions of limitation: High Court of J&K and LadakhMarch 18, 2022
  The Bench of Justice Rajnesh Oswal observed that the revision petition filed at the instance of aggrieved party would attract the provisions of limitation.
• 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 LadakhMarch 15, 2022
  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”.
• 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&LMarch 9, 2022
  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.
• 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&LMarch 2, 2022
  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”.
• 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 LadakhFebruary 25, 2022
  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.
• 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&LFebruary 24, 2022
  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.
• 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&LFebruary 22, 2022
  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.
• 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&LFebruary 21, 2022
  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.
• J&K High Court to hear the issue of jurisdiction with regard to the Service Disputes of the Employees of Municipal Committees / Tribunals  / Councils / CorporationsFebruary 20, 2022
  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.
• Magistrate before accepting Closure Report of the investigating agency is duty bound to inform the Complainant: High Court of J&K&LFebruary 20, 2022
  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.
• 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 CourtFebruary 16, 2022
  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.
• Holder of Shamilat Land has got the same rights as in the Proprietary Land: J&K High CourtFebruary 15, 2022
  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.
• Fake Currency Racket | Accused cannot be detained by way of punishment even if prima facie case is against the accused: J&K High CourtFebruary 10, 2022
  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.
• Registration of FIR and Presenting a Police Challan against the Deceased is Sheer Wastage of Public Time: J&K High CourtFebruary 8, 2022
  The Single Judge Bench of the High Court comprising of Justice Sanjeev Kumar has observed that registration of FIR and presenting a police challan against the deceased is sheer wastage of public time.
• Major contradictions appearing in the evidence of the prosecution have the effect of eroding the credibility of the prosecution case: J&K High CourtFebruary 8, 2022
  The Court while hearing a criminal appeal against the judgment of conviction has observed that major discrepancies and the contradictions appearing in the evidence of the prosecution have the effect of eroding the credibility of the prosecution case.
• Term Daughter includes Married Daughter and cannot be excluded for the benefit of Compassionate Appointment under the Rules of 1994: J&K High CourtFebruary 1, 2022
  The Bench of Justice Sanjeev Kumar has observed in a petition that the definition of a family member provided in explanation (d) of Rule 2 does not make distinction between a son and a married son or a daughter and a married daughter; what it speaks of is that such a son or a daughter whether married or unmarried, must be dependent on the deceased.
• Any requests as to re-testing, re-sampling shall only be entertained in rare cases and within fifteen days of the receipt of the test report under the NDPS Act: J&K High CourtJanuary 5, 2022
  The Court held that any requests as to re-testing, re-sampling shall not be entertained under the NDPS Act as a matter of course. An application in such rare cases must be made within a period of fifteen days of the receipt of the test report; no applications for re-testing, re-sampling shall be entertained thereafter.
• When cause of suicide is based on Section 304-B of the IPC, it will necessarily attract Section 306 of the IPC.December 22, 2021
  The bench of Justice Sanjeev Kumar while dismissing a petition challenging the order of the trail court whereby charges against all the accused were framed under Sections 306, 304-B and 498A of the IPC has held that if a conviction for causing suicide is based on Section 304-B IPC, it will necessarily attract Section 306 of the IPC, though the converse may not be true.
• Defamatory Statements which have gone viral over social media would give jurisdiction to all the Courts where statements were heard by the Public.October 12, 2021
  In a recent judgment, the J&K High Court has observed that if the defamatory statements were made by the petitioner within local limits of territorial jurisdiction of District Kulgam, the fact that these statements went viral would give jurisdiction to all the Courts within whose local limits these statements were heard by the public.
• Provisions of CRPC as to Grant of Bail are applicable to the proceedings under the POCSO Act: J&K High CourtOctober 9, 2021
  The Court while rejecting the contentions of the respondents observed that if an earlier application was rejected by an inferior court, the superior court can always entertain the successive bail application.  The Court referred to the judgment of the Supreme Court in case titled Gurcharan Singh & Ors vs State (Delhi Administration), AIR 1978 SC 179 wherein it was observed that:
• SPOs are not entitled to any protection as afforded to ordinary Police Officers under Police Rules or Civil Service Regulations: J&K High CourtSeptember 20, 2021
  The Court observed that SPOs, who, admittedly, do not hold any civil posts regulated by any Statutory rules are not entitled to any protection as afforded to ordinary police officers under Police Rules or Civil Service Regulations.
• Summoning of the accused is a serious issue and magistrate cannot issue process mechanically: J&K High CourtSeptember 18, 2021
  The Court observed that summoning of the accused is a serious issue, the magistrate cannot issue process mechanically as has been done in the instant case on the basis of vague and bald allegations.
• FIR registered for reinvestigation of a case not sustainable in law: J&K High CourtSeptember 17, 2021
  The Single Bench of Justice Vinod Chatterji Koul in a petition filed under Section 482 CrPC has observed that even the higher Court of the Country cannot issue a direction for reinvestigation of a case. In such circumstances, impugned FIR registered for reinvestigation cannot be sustained in law as such a course is neither provided nor permissible under the Code.
• Trial Court is not expected to merely act as a post office and frame the charge just because challan has been filed against the accused: J&K High Court.September 15, 2021
  The trial court is not expected to merely act as post office and frame the charge just because challan for the commission of a particular offence has been filed against the accused. The trial court can sift the evidence brought on record by the prosecution so as to find out whether the un-rebutted evidence placed on record fulfils the ingredients of offence or not. If the ingredients of any offence are lacking, then the Court has no option but to discharge.
• Law does not permit to conduct a mini trial at the stage of framing of charge/discharge: J&K High CourtSeptember 15, 2021
  It is settled law that while considering issue of framing of charge/discharge, the court has to examine the material placed on record by the investigating officer and if on the basis of the material based on record, the court is of the opinion that the necessary ingredients of offence are present, the court can frame the charges against the accused. As rightly observed by the trial court, the court is not required to conduct mini trial for the purpose of forming an opinion.
• Failure to disclose the amount in Income Tax Return may be sufficient to rebut the presumption under Section 139 NI Act: High Court of Telengana.September 13, 2021
  The Court further observed that in the instant case the amount spent by the complainant was not shown in his income tax returns and the trial Court has rightly held that it creates a doubt regarding the financial position of the appellant and if he really spent that much amount, there must be record for him for withdrawal of amount from his bank account and spending the same.