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Showing posts with label J & K High court. Show all posts
Showing posts with label J & K High court. Show all posts
Friday, 26 June 2026

J & K HC: if driver of offending vehicle has no endorsement permitting him to drive vehicle carrying dangerous and hazardous goods, Insurance Company is not liable to pay compensation

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It is, thus, clear that the owner was aware of the nature of licence possessed by the driver engaged by him and also he was aware of the fac...
Sunday, 28 December 2025

J & K HC: Whether a person accused of the offence of rape can be released on bail subsequently on the ground of change of circumstances if the main prosecution witnesses who are examined do not support the prosecution's case?

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It is pertinent to mention here that after the dismissal of second bail application of the petitioner, statements of four more prosecution w...
Saturday, 1 November 2025

J & K HC: CDRs Without Voice Evidence Insufficient To Connect Co-Accused in NDPS Case

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   The only material that connects the petitioner to the alleged crime that is left is the CDR which has been collected by the investigating...
Wednesday, 27 August 2025

J & K HC: Doctor who is not Neurologist can not give opinion if permanent disability of claimant relates to Neuro problem.

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 From the above, it is clear that the disability certificate EXTP-RK is based upon the certificate dated 15.04.2014 issued by the Standing M...
Sunday, 3 August 2025

J & K HC: Daughter in law making allegation against her father in law that he has outraged her modesty-relevance of this allegation in deciding anticipatory bail application

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Learned counsel for the petitioner has contended that the petitioner is aged 74 years and at this age it is improbable that he would have la...
Thursday, 3 July 2025

J & K HC: Magistrate issuing notice in Domestic violence Act is interlocutory order and Revision is not maintainable against said order

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 An order issuing notice on an application does not decide the rights of the parties, therefore, such an order is interlocutory in nature. S...
Wednesday, 2 July 2025

J & K HC: Magistrate may issue pre-cognizance notice to the accused as per S 223 of BNSS in cheque bounce case

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 Section 223 BNSS provides for issuance of pre-cognizance notice to the accused and said provision was not available in the corresponding Se...

J & K HC: Magistrate should not issue non-bailable warrant against accused at pre-cognizance stage of the complaint U/S 138 of NI Act

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 So far as the case in hand is concerned, the learned Magistrate upon satisfying himself regarding to record the service of pre-cognizance n...
Sunday, 25 May 2025

High Court of Jammu & Kashmir Clarifies Law on Deferring Cross-Examination and preparation of Case calendar

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Ravinder Kumar & Others vs. UT of J&K Introduction In a significant judgment delivered on May 19, 2025, the High Court of Jammu ...

J & K HC: Under which circumstances the Court can defer cross-examination of set of prosecution witnesses after preparation of Case calendar?

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 True it is, that prosecution witnesses are expected to testify in their chief examination on the lines of their statements recorded, during...
Sunday, 24 December 2023

Whether wife is barred from lodging FIR U/S 498A of IPC against her husband on the ground that she has filed application U/S 12 of Domestic violence Act?

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   The contention of the petitioner that respondent No. 3 is debarred from lodging FIR as she has already filed an application under Section...
Sunday, 30 July 2023

Under which circumstances the offences under the Essential commodities Act are triable by a Magistrate?

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 In the judgment rendered by the Hon'ble Apex Court reported in 2001 Cri LJ 4722, it has been held that after lapse of two ordinances th...
Friday, 14 April 2023

Can a drug retailer escape liability U/S 27 of the Drugs and Cosmetics Act if they obtained a spurious drug from a licensed dealer?

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As already noted, this petition has been filed by the retailer, in whose shop the sample of the subject drug was collected. The contention o...

Is the Central Drugs Laboratory report conclusive against a manufacturer if they did not have the opportunity to get the sample re-analyzed?

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 From the foregoing analysis of law on the subject, it is clear that while a manufacturer has a valuable right of getting the sample re-test...
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Saturday, 24 December 2022

Can the court allow an amendment of the plaint to set up a total new cause of action or incorporate new pleas that are inconsistent with the original plaint?

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  In the original plaint, the plaintiff claims that he is  owner in possession of one half of the property left behind by his uncle, decease...

To what extent general provision of criminal law are applicable to prosecution under National Investigation Agency Act?

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  What is held by the Division Bench of Delhi High Court in Farhan Sheikh‟s case (supra) is condensed in para (89) of the judgment which rea...

Does S 21 of the NIA Act exclude the application of S 4 to 24 of the Limitation Act for determining the limitation period for filing an appeal under the NIA Act?

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   The point that arises for determination is, whether NIA Act, in particular Section 21 whereof expressly excludes the application of Secti...

Whether investigating officer can seek Production warrant U/S 267 of CRPC for recording statement of a witness during investigation?

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  Section 267(1) of the Cr.P.C under which the appellant had moved an application before the trial Court reads as under:   “267. Power to re...

Whether a criminal court can refuse to issue production warrant U/S 267 CrPC when no case is pending trial or enquiry before it?

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 In view of what we have discussed herein above we answer the question referred to us as under:- "The Police can seek permission to rem...
Monday, 24 October 2022

Whether the court can cognizance of an offence for dishonour of cheque even if original power of attorney is not filed alongwith complaint?

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   From the aforesaid analysis of law on the subject, it is clear that in a case where the complainant is a company, an authorized employee ...