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

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 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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