alibi not ground to quash charge sheet
Case BriefsHigh Courts

“This Court in exercise of its powers under Section 528 of the BNSS cannot hold a mini trial to ascertain the veracity of the plea of alibi put up by the petitioners.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“An act done by a person pursuant to the judgment of the Court cannot form basis for prosecuting such person as the same does not come within the definition of “offence” as contained in IPC.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“It is only in rare and exceptional cases that the Court may substitute its own view as to the quantum of punishment.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“Residence order is an urgent relief to protect a woman from her taking shelter on road. Therefore, passing of an interim order of the nature as defined under Section 19 of the Act is well within the jurisdiction of a Magistrate.”