From January 01 to January 08, 2023 | All Tech Sir


From January 1 to January 8, 2023

Nominal index

Case Title: Gulshan Nazir v Union of India 2023 LiveLaw(JKL) 1

Case Title: M/S Aisha Building Vs JKCA 2023 LiveLaw (JKL ) 2

Case Title: J&Okay 2023 LiveLaw (JKL) 3 Manzoor Ahmad Mirmen UT

Case Title: Godrej Shopper Merchandise Restricted v Union of India 2023 LiveLaw (JKL) 4

Case Title: Ms. Zaiba & Ghulam Ahmad Zargar & Ors 2023 LiveLaw(JKL) 5

Case Title: Zahid Nabi Khan v. UT in J&Okay 2023 LiveLaw (JKL) 6

Case Title: Hazir Mohammad Naiku v UT on J&Okay 2023 LiveLaw (JKL) 7

Verdicts/Judgments:

JKL Excessive Court docket slams authorities for denying passport to Mehbooba Mufti’s mom, says passport authority can’t be CID’s mouth piece

Case Title: Gulshan Nazir Indian Union

Quotation: 2023 LiveLaw(JKL) 1

The Jammu and Kashmir and Ladakh Excessive Court docket has stated the authorities shouldn’t act as “mouthpieces of the CID” whereas entrusting the processing of the passport re-issuance utility of former J&Okay Chief Minister Mehbooba Mufti’s mom to a passport officer. It dominated that the police verification report can’t override the statutory provisions of Part 6 of the Passport Act, 1967.

Justice MA Chowdhary, who put aside the orders denying passport to Mufti’s mom Gulshan Nazir, stated the passport officer ought to think about the matter afresh and move orders on it inside six weeks.

Jurisdiction is proscribed to public features when a person is entitled to writ jurisdiction: J&Okay&L Excessive Court docket

Case Title: M/S Aisha Building Vs JKCA

Quotation: 2023 LiveLaw (JKL) 2

The Jammu and Kashmir and Ladakh Excessive Court docket has held that in instances the place a personal physique is entitled to writ jurisdiction, the powers of judicial overview are restricted to acts having a component of public responsibility.

12 years after his arrest, the J&Okay&L Excessive Court docket granted bail to a constable accused of killing his spouse; The police say that the trial has been prolonged

Case Title: Manzoor Ahmad Mir vs J&Okay UT

Quotation: 2023 LiveLaw (JKL) 3

The Jammu and Kashmir and Ladakh Excessive Court docket granted bail to the accused for his loss of life, observing that preserving the accused in jail for a very long time with out hope of completion of trial would violate the strictures of Part 437 Rule 1 of the CrPC. spouse.

Justice Sanjay Dhar stated that the accused had been in jail for greater than 12 years and had “filed a bailable case” and the motion of the prosecution and the police division had not been filed. the chance that the trial will finish quickly.

Items situated in J&Okay to pay GST eligible for Central Excise Exemption by July 1, 2017: J&Okay & Ladakh Excessive Court docket

Case Title: Godrej Shopper Merchandise Restricted vs Union of India

Quotation: 2023 LiveLaw (JKL) 4

The Jammu and Kashmir and Ladakh Excessive Court docket has held that items situated in Jammu and Kashmir are eligible for exemption from central excise responsibility until July 1, 2017 and are subsequently liable to pay GST.

A division bench of Justices Tashi Rabsdan and Mohan Lal noticed that when it comes to the Central Excise regime in place previous to July 1, 2017, items situated in Jammu and Kashmir and different states have been entitled to exemption from Central Excise. responsibility on territory-based exemption notices.

Joint shareholder can’t be prohibited from elevating development on a part of joint holding in his unique possession: JKL Excessive Court docket

Case Title: Zaiba Ms. Ghulam Ahmad Zargar & Ors.

Quotation: 2023 LiveLaw(JKL) 5

The Jammu and Kashmir and Ladakh Excessive Court docket has held {that a} companion in unique possession of a joint holding can’t be prohibited from elevating a construction on the a part of his unique possession.

Arrest warrant issued for the pleasure of holding it, non-verbal grounds: Supreme Court docket convicts Divisional Commissioner of Kashmir

Case Title: Zahid Nabi Khan vs J&Okay UT

Quotation: 2022 LiveLaw (JKL) 6

The Jammu and Kashmir and Ladakh Excessive Court docket struck down an arrest warrant below the Prevention of Illicit Trafficking in Narcotic Medication and Psychotropic Substances Act because it appeared to have been issued to subject a warrant.

Justice Rahul Bharti stated the petitioner was on bail in a case below the NDPS Act, thus he was earlier than the investigating company and in a way below the constructive custody of the legislation.

S.311 CrPC is meant to make sure that there is no such thing as a injustice attributable to mistake of events in making an allowance for precious proof: JKL Excessive Court docket

Case Title: Hazir Mohammad Naiku vs J&Okay UT

Quotation: 2023 LiveLaw (JKL) 7

The Excessive Court docket of J&Okay&L put aside this resolution, noting that the legislative intent of Part 540 of the J&Okay CrPC (as learn with Part 311 CrPC) is to make sure that no miscarriage of justice happens because of the failure of both social gathering to file precious proof. the choice of the trial courtroom to disclaim the petitioner the examination of sure witnesses.

Justice Sanjay Dar noticed:

“The Court docket could, at its discretion, name as a witness and look at any individual not known as as a witness, or recall/re-examine any individual beforehand examined, and the place the proof of such individual is important to the justice of the Court docket. If a call is made within the case, it’s the necessary responsibility of the Court docket to train its authority in accordance with this provision.



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