Monthly Update | Judgments of the High Court of J&K and Ladakh – Feb 2022

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  • Post published:February 28, 2022
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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.

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.

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”.

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.

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.

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.

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.