Justice Sanjay Dhar

J&K High Court PSA Detention
Case BriefsHigh Courts

Jammu and Kashmir and Ladakh High Court set aside a preventive detention order holding that the petitioner’s alleged criminal antecedents, arising from incidents confined to personal enmity, did not pose a threat to public order. It reiterated that preventive detention cannot be invoked merely because a person is accused in multiple criminal cases, particularly where the alleged acts concern individual disputes and do not disturb the normal flow of community life.

proper parties not applicable in election petitions
Case BriefsHigh Courts

“As per Section 87, RP Act, any provision of CPC that is inconsistent with Section 82, RP Act, which specifies the persons to be impleaded in an election petition, cannot be invoked to implead a person who is otherwise not liable to be joined as a respondent under Section 82, RP Act.”

vaishno devi shrine board not State
Case BriefsHigh Courts

“The guiding factor is the nature of duty imposed upon the person or body against whom a writ is being sought. If the nature of duty imposed on a body is public in nature, it is amenable to writ jurisdiction under Article 226 of the Constitution but if the rights sought to be enforced are purely of a private character, a writ cannot be issued against such body.”

writ maintainability against private unaided school
Case BriefsHigh Courts

“The rights arising in favour of candidates participating in the selection process are private rights, which cannot be enforced against an institution that is neither a State nor an instrumentality of the State by way of a writ petition.”

suit proceeds de novo
Case BriefsHigh Courts

“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”

passport constitutional right
Case BriefsHigh Courts

“A criminal court, while considering an application for a grant of NOC for a passport renewal, should only advert itself to the question as to whether the accused, if allowed to travel abroad, would be available to face the trial and no other factor should influence the decision.”

Courts should be tolerant
Case BriefsHigh Courts

“Time and again this Court has cautioned the Courts to eschew the tendency to pass strictures and remarks against the public servants unless the same was absolutely necessary for disposal of the case and the concerned officer has been put to notice.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“There was a clear distinction between change in particulars and correction of particulars, and therefore, the Court observed that the petitioner was seeking change in registered particulars and not their correction.”

Section 111 BNS
Case BriefsHigh Courts

The bail was opposed on the ground that the petitioners were involved in a grave financial offence and the investigation was still in progress to unearth the magnitude of fraud and granting bail to them would hamper the investigation as some of the associates were still at large.

civil court can decide waqf dispute
Case BriefsHigh Courts

“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”

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.”