The monthly update of judgments passed by the High Court of J&K and Ladakh in the month of Feb, 2022 and only reported by JK Legal Forum.
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 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 Rajnesh Oswal observed that the revision petition filed at the instance of aggrieved party would attract the provisions of limitation.
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”.
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.
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”.
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.
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.
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.