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Category: High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023

Posted on June 8, 2025 by ShadesOfKnife

A single judge of Jammu and Kashmir and Ladakh High Court held as follows,

From Paras 12-14, (On the point that second revision can not be filed in guise of Quash petition)

12. Though, Hon’ble Supreme Court in the case of Rajan Kumar Machananda v. State of Karnataka (supra) relied upon by the learned counsel for the respondents has held that a subsequent Revision Petition cannot be filed under the garb of Section 482 of the Code, however, in view of the law laid down by the Hon’ble Apex Court in a later case titled ‘Dhariwal Tobacco Products Ltd. v. State of Maharashtra‟, reported as ‘(2009) 2 SCC 370’, while considering the question as to whether an application filed under Section 482 of the Code can be dismissed only because the Revision Petition has been dismissed by the Sessions Court, observed that even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397(2) of the Code, the inherent power of the Court has been held to be available. While relying upon an earlier decision rendered in case titled ‘Surya Dev Rai v. Ram Chander Rai‟, reported as ‘(2003) 6 SCC 675’, the Hon’ble Apex Court further observed that the inherent power of the High Court is not barred by the Statute, but has merely been saved thereunder and it was difficult to concede that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. The same view was taken by the Hon’ble Supreme Court in the case of ‘Shakuntala Devi & Ors. v. Chamru Mahto & Anr.’, reported as ‘(2009) 3 SCC 310‟.
13. This Court had also taken a view in a case titled ‘Mushtaq Ahmad Mir &Ors. v. Mst. Khatija’, rendered in CRMC No. 197/2013, decided on 27th of June, 2022, that the jurisdiction of the High Court under Section 482 of the Code , is of wide amplitude and it cannot be excluded by the provisions of revision contained under Section 397 (3) of the Code and that merely because the Revision Petition, in the instant case, has been rejected by the learned Revisional Court, the High Court is not debarred from entertaining a Petition under Section 482 of the Code against the impugned Order passed by the learned Magistrate, if it finds that there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned trial Magistrate and that it would all depend upon the facts and circumstances of the case.
14. In view of above, though, the impugned Order passed by the learned Judicial Magistrate had been assailed in a Revision Petition filed before the Sessions Court at Pulwama, however, this Court is not debarred from entertaining an application under Section 482 of the Code invoking the inherent jurisdiction for the limited purpose of looking at it as to whether there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned Magistrate. The objection raised by learned counsel for the respondents is thus turned down. It is, thus, held, for the aforesaid reasons, that the Petition filed under Section 482 of the Code is maintainable and cannot be said to be a subsequent Revision Petition.

From Para 15, (On overlapping jurisdiction)

15. Coming to the merits of the case, the impugned Orders have been challenged by the Petitioner, mainly, on the reasons that the learned Magistrate has not followed the law laid down by the Hon’ble Apex Court in case titled Rajnesh v. Neha (supra), whereby certain mandatory guidelines have been laid for the guidance of the Courts while exercising the overlapping jurisdiction for grant of maintenance and to avoid conflicting orders being passed in different proceedings. On the issue of overlapping jurisdiction, the Hon’ble Apex Court has held that successive claims for maintenance under different statutes are maintainable and the Court, while determining whether any further amount is to be awarded in the subsequent proceedings, has made it obligatory on the part of the applicant to disclose the previous proceedings and the order passed therein, in the subsequent proceedings and, if the order passed in such previous proceedings requires any variation or modification, it would be required to be done in the same proceedings.

From Para 19, (No evidence to be considered during Interim proceedings)

19. It is worthwhile to mention here that, at the time of granting of the interim maintenance, evidence is not available before the Court and the Court has to apply mind keeping in view the facts and circumstances of the case in order to fix the quantum of maintenance.

From Para 25,

25. In so far as the directions passed by the Hon’ble Apex Court in Rajnesh v. Neha case (supra), it appears that both the Courts below have considered the case in the light of the directions passed by the Apex Court when successive claims for maintenance were made under overlapping jurisdiction of Section 125 of the Code and the D. V. Act. As regards the contention raised by the learned Counsel for the Petitioner that the directions contained in Paragraph No. 128 (3) that, if the order passed in previous proceeding(s) requires any modification or variation, it would be required to be done in the same proceedings. It appears that this direction has been misunderstood as the order impugned passed by the Magistrate under any of the jurisdictions can be modified or varied by the same Court and not by any other Court. The only aspect of the case required to be addressed by the subsequent Court is that the maintenance granted earlier has to be kept in view to assess for further payment of maintenance, if any required for the sustenance of the destitute woman or children.

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bilal Ahmad Ganaie Vs Sweety Rashid and Ors Catena of Landmark Judgments Referred/Cited to CrPC 397(3) - Second Revision is Not Permissible CrPC 401 - High Court's Powers of revision CrPC 482 - Saving of inherent powers of High Court Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr | Leave a comment

Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022

Posted on September 18, 2023 by ShadesOfKnife

A single judge bench of J&K&L High Court held as follows, while declaring two judgments as per incuriam, relying on multiple Supreme Court decisions as Precedents.

From Paras 13-15,

13) It is a settled principle of interpretation of Statutes that words and expressions used in a Statute have to be assigned their plain meaning. A court does not have power to add or subtract something from a Statute which is not there. If a court finds some ambiguity in a Statute which becomes an impediment in achieving the aim and object of the Statute, the court can give a purposive interpretation to the Statute but where the language of the Statute is clear and unambiguous, it is not open to the Court to add, alter or supply words to the said Statute and no need of interpretation would arise. The purpose of interpretation of Statutes is to help the Judge to ascertain the intention of the Legislature and not to control that intention or to confine it within the limits, which the Judge may deem reasonable or expedient.
14) The Constitution Bench of the Supreme Court has, in the case of A. R. Antulay vs. R. S. Nayak, (1988) 2 SCC 602, held that if the words of the Statute are clear and unambiguous, it is the plainest duty of the Court to give effect to the natural meaning of the words used in the provision. The Court observed that the question of interpretation arises only in the event of an ambiguity or if the plain meaning of the words used in the Statute would be self defeating.
15) Again, the Supreme in the case of Grasim Industries Ltd. vs. Collector of Customs, Bombay, (2002) 4 SCC 297, has followed the same principle and observed that where the words are clear and there is no obscurity or ambiguity, the intention of the legislature is to be gathered from the language used. The Court further observed that while doing so, what has been said in the statute as also what has not been said has to be noted. The construction which requires for its support addition or substitution of words or which results in rejection of words has to be avoided.

From Paras 22 and 24,

22) In a recent case of Abhilasha vs. Parkash & ors. (Criminal Appeal No.615 of 2020 decided on 15th September, 2020), a three Judge Bench of the Supreme Court considered the question as to whether a Hindu unmarried daughter is entitled to claim maintenance from her father under Section 125 of the Cr. P. C only till she attains majority or she can claim maintenance till she remains unmarried. The Court observed that a bare perusal of Section 125(1) of the Cr. P. C indicates that it limits the claim of maintenance of a child until he or she attains majority.
24) From the foregoing analysis of the law on the subject, it is clear that the Supreme Court has taken a consistent view that a major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers under Section 125 of the Central Cr. P. C/488 of the Jammu and Kashmir Cr. P. C but in an appropriate case, a Family Court has jurisdiction to grant maintenance to a major Hindu daughter on the basis of a combined reading of the provisions contained in Section 125 of the Cr. P. C and Section 20(3) of the Hindu Adoption and Maintenance Act.

Finally,

27) For what has been discussed hereinbefore, the petition is allowed and the impugned order passed by the trial Magistrate as upheld by the Revisional Court is set aside and it is held that the respondents are entitled to maintenance from their father i.e., the petitioner herein, only up to the age of their majority. If any amount of maintenance has been paid by the petitioner to the respondents after the attainment of their age of majority, the same, having regard to the relationship between the parties, shall not be recovered from them. The amount deposited in the Registry pursuant to the order dated 11.09.2019, shall be released in favour of the petitioner. The petition stands disposed of accordingly.

Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022

Maintenance cases index here.

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 125 or BNSS 144 - Maintenance Granted HAM Act Sec 20 - Interim Maintenance Granted Legal Procedure Explained - Interpretation of Statutes Legislative Intent must be Respect while Interpreting Statutes Showkat Aziz Zargar Vs Nabeel Showkat and Anr | Leave a comment

Fayaz Ahmad Rather Vs Union Territory of J&K and Ors on 11 Jan 2023

Posted on July 9, 2023 by ShadesOfKnife

The Hon’ble High Court of Jammu & Kashmir and Ladakh punished a perjuror with costs of Rs.1,00,000/- for suppressing material facts.

Fayaz Ahmad Rather Vs Union Territory of J&K and Ors on 11 Jan 2023

The Division Bench also dismissed the LPA filed against the above Order.

Fayaz Ahmad Rather Vs Union Territory of J&K and Ors on 3 Apr 2023

Citations:

Other Sources:

https://indiankanoon.org/doc/97229237/

https://www.latestlaws.com/case-analysis/suppression-of-material-facts-amounts-to-manipulation-of-judiciary-won-t-be-tolerated-cost-of-rs-1-lakh-imposed-198120


Index of Perjury cases here.

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Costs for Perjury Dismissed with Costs Fayaz Ahmad Rather Vs Union Territory of J&K and Ors Perjury - Wilful Omission or Supression of Material Information | Leave a comment

Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022

Posted on October 3, 2022 by ShadesOfKnife

A single bench judge of the Hon’ble High Court of Jammu and Kashmir and Ladakh has passed an Order in a proceeding u/s 482 CrPC stating that,

From Para 10,

10) The petitioners, in effect, are aggrieved of the impugned petition filed by respondent No.1 against them and the order dated 25.10.2021 passed by the learned trial Magistrate on the said petition. So far as the proceedings under Section 12 of the DV Act are concerned, the same cannot be equated with lodging of a criminal complaint or initiation of prosecution. So, the trial Magistrate, after obtaining the response from the husband and his relatives etc. is well within his jurisdiction to revoke his order of issuing summons to them or he can even drop the proceedings. The learned Magistrate would be well within his jurisdiction to cancel the interim order of monetary compensation if he, upon going through the response of the husband and his relatives, finds that they have been unnecessarily roped in or that no case for grant of interim monetary compensation is made out. Since the proceedings under Section 12 of the DV Act are not, in strict sense, criminal in nature, as such, bar to alter/revoke an order by a Magistrate is not attracted to these proceedings.

Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022

Citations:

Other Sources:

https://lawtrend.in/sec-12-of-dv-act-magistrate-can-recall-the-order-of-interim-monetary-compensation-if-he-finds-husband-is-unnecessarily-roped-in-the-case-jkl-hc/

https://www.lawyersclubindia.com/judiciary/proceedings-under-section-12-of-domestic-violence-act-cannot-be-equated-with-lodging-a-criminal-complaint-jammu-kashmir-ladakh-high-court-6176.asp

https://www.livelaw.in/news-updates/jkl-high-court-dv-act-section-12-proceedings-criminal-complaint-208360

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr | Leave a comment

Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors on 03 Jun 2022

Posted on June 18, 2022 by ShadesOfKnife

A single judge bench held that, it has no jurisdiction to grant anticipatory bail to the petitioner, since the FIR was registered outside the territory of the High Court.

From Para 2,

2. It is averred in the application that the petitioners happen to be the in-laws and husband of the complainant. It is stated that the marriage between petitioner No.l and the complainant has taken place in the year 2013 and out of this marriage, one son has been born. It is submitted that the respondent No.2 has lodged an FIR in Madhya Pradesh against the petitioners alleging commission of offences under Section 498-A of the Cr. P. C. It is also contended that under Section 79 of the Cr. P. C, warrants have to be executed by a police station located outside the jurisdiction of a State through the local police station and, as such, this Court has jurisdiction to entertain the present application.

Issue from Para 5,

5. In the instant case, the petitioners are seeking bail in an FIR which has been registered beyond the jurisdiction of this Court, inasmuch as the FIR has been registered in the State of Madhya Pradesh. The question that arises for consideration is whether this Court, in exercise of its powers under Section 438 of the Cr. P. C, is vested with jurisdiction to grant bail in a case that has been registered beyond its local limits of jurisdiction.

Decision from Paras 7-9,

7. On the basis of the aforequoted reasoning, the Court came to the conclusion that the High Court has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code.
8. From the aforequoted enunciation of law on the subject, it is clear that this Court does not have jurisdiction to entertain and decide the bail application which relates to an FIR that has been registered beyond the local limits of this Court even though the accused/petitioner may be residing within the jurisdiction of this Court.
9. The petitioners in the instant case are not seeking transit bail but are seeking bail in anticipation of their arrest on a permanent basis, regarding which this Court lacks jurisdiction in view of the ratio laid down in the aforequoted judgment.

Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors on 03 Jun 2022
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged CrPC 438 - Anticipatory Bail Denied CrPC 438 - Direction for grant of bail to person apprehending arrest CrPC 438 - Jurisdiction of High Court to grant Anticipatory Bail who is Booked in a Different State FIR Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors | Leave a comment

Gauri Devi Vs State of J&K on 13 Aug 2021

Posted on August 29, 2021 by ShadesOfKnife

 

Gauri Devi Vs State of J&K on 13 Aug 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/142250936/

 

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged Gauri Devi Vs State of J&K IPC 306 - Not Made Out so Acquitted IPC 306 – Abetment of suicide | Leave a comment

Ghulam Hassan Sofi and Anr Vs State of JK on 02 Apr 2021

Posted on July 15, 2021 by ShadesOfKnife

Relying on the landmark judgment of SCI here, single judge of Jammu and Kashmir High Court held that the trial court can direct further investigation suo moto even after hearing the petitioner on the point of charging/discharge (under 239/240 CrPC)

Ghulam Hassan Sofi and Anr Vs State of JK on 02 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/154829698/

https://primelegal.in/2021/04/05/court-can-order-further-investigation-while-exercising-its-discretion-u-s-156-cr-p-c-high-court-of-jammu-and-kashmir/

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 173(8) - Magistrate can Order Further Investigation Ghulam Hassan Sofi and Anr Vs State of JK Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr | Leave a comment

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Posted on October 12, 2020 by ShadesOfKnife

Chief Justice Gita Mittal in a Division Bench passed the order holding the ‘The Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001’ as Unconstitutional. Thereby, all the orders, transactions made on the strength of this Act and corresponding Rule are void ab initio.

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Citations :

Other Sources :

 

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Law or Provision is Alleged as Unconstitutional Prof. S. K. Bhalla Vs State of JnK and Ors | Leave a comment

Azra Ismail Vs UT of Jammu and Kashmir on 05 May 2020

Posted on May 6, 2020 by ShadesOfKnife

High Court of Jammu and Kashmir has given a detailed analysis and conclusions (and limitations it has to implement the conclusions itself) on a 148-year old tradition in Jammu and Kashmir called as Darbar Move. More details here.

Azra Ismail Vs UT of Jammu and Kashmir on 05 May 2020
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Azra Ismail Vs UT of Jammu and Kashmir Darbar Move Issued or Recommended Guidelines or Directions or Protocols to be followed Sensational Or Peculiar Cases | Leave a comment

State Of J&K and Another vs Abdul Rehman Mir on 4 August, 2016

Posted on August 21, 2018 by ShadesOfKnife

Another judgment this time from Hon’ble High Court of Jammu & Kashmir, clearly holding that the series of events on the fateful date of 10th July, 2016, are not part of the same transaction because the first occurrence was over when the case was registered on the basis of detailed report as reflected in the first information report. The killing of deceased son of the respondents is a second occurrence hence registration of second FIR regarding this occurrence is permissible.

 

State Of J&K and Another Vs Abdul Rehman Mir on 4 August, 2016
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged Second FIR Permission When Events Are From Different Occurances State Of J and K and Another vs Abdul Rehman Mir | Leave a comment

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Blogroll

  • Daaman Promoting Harmony 0
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  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
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RSS Cloudflare Status

  • ARN (Stockholm) on 2026-06-25 June 25, 2026
    THIS IS A SCHEDULED EVENT Jun 25, 00:00 - 05:00 UTC Jun 19, 14:18 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-25 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • ARN (Stockholm) on 2026-06-24 June 24, 2026
    THIS IS A SCHEDULED EVENT Jun 24, 00:00 - 05:00 UTC Jun 19, 13:08 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-24 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • EWR (Newark) on 2026-06-22 June 23, 2026
    Jun 23, 09:00 UTC Completed - The scheduled maintenance has been completed. Jun 22, 01:00 UTC In progress - Scheduled maintenance is currently in progress. We will provide updates as necessary. Jun 19, 06:32 UTC Scheduled - We will be performing scheduled maintenance in EWR (Newark) datacenter between 2026-06-22 01:00 and 2026-06-23 09:00 UTC.Traffic might […]

RSS List of Spam Server IPs from Project Honeypot

  • 34.14.86.214 | SD June 22, 2026
    Event: Bad Event | Total: 12 | First: 2026-01-12 | Last: 2026-06-22
  • 34.52.210.100 | S June 22, 2026
    Event: Bad Event | Total: 2 | First: 2026-06-22 | Last: 2026-06-22
  • 45.174.88.88 | S June 22, 2026
    Event: Bad Event | Total: 10 | First: 2025-08-07 | Last: 2026-06-22
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