Contention Not Specifically Denied In Pleadings, Attracts Inference Of Admission: JKL High Court Reiterates
2 years, 3 months ago

Contention Not Specifically Denied In Pleadings, Attracts Inference Of Admission: JKL High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that the contention raised by a petitioner, if not specifically denied by the Respondent in his reply, could only draw an inference that the contention of the Petitioner is being admitted by the Respondent. The bench comprising Justice Javed Iqbal wani made the observation while allowing the plea moved by the Petitioner for transfer of a criminal case filed against him under Section 138 of NI Act before Sub Judge at Pulwama, apprehending physical danger from Respondent. The High court noted that the reply filed by the respondent did not controvert the contention of the petitioner with regard to the allegations of beating. Case Title : Javaid Ahmad Sheikh Vs Mohammad Iqbal Thoker Citation : 2022 LiveLaw 249 Counsel for Petitioner: Mr. N.H. Shah Sr Advocate, Ms. Shaila Shameem, Adv.

Court Respondent Petitioner  court  reply  iqbal  contention  transfer  denied  mr  noted  petitioner  respondent  attracts  case  inference  specifically  pleadings  jkl  reiterates  high

History of this topic

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024
6 months, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024

Live Law  

Nominal Index: Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw 253 Raman Kumar Vs UT of J&K 2024 LiveLaw 254 Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw 255 Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw 256 Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw 257 State through P/S Pulwama …

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court
1 year, 7 months ago

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated. Justice Sindhu Sharma thus dismissed a revision petition challenging an order passed by the trial court which had allowed …

ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High Court
1 year, 9 months ago

ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High Court

Live Law  

Quashing a Summary Force Court proceedings against a Constable of ITBP, the Jammu and Kashmir and Ladakh High Court has said that since Army Rules are mandatory in nature, it is imperative that Army Court shall record the plea of guilt in the words used by the accused or as nearly as possible in the words used by the accused, …

Cause Of Action Cannot Be Generated By Repeated Representations, Right To Claim Must Be Established: Jammu & Kashmir High Court
2 years ago

Cause Of Action Cannot Be Generated By Repeated Representations, Right To Claim Must Be Established: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that ‘cause of action’ cannot be generated by making repeated representations and serving legal notices to the concerned authorities as every fact is required to be proved in order to support the right being claimed before the court. The observations to this effect were made by a bench comprising …

JKL High Court Refuses Security To A Man Apprehending Harm Over Rumours Of Being 'BJP Agent'
2 years, 3 months ago

JKL High Court Refuses Security To A Man Apprehending Harm Over Rumours Of Being 'BJP Agent'

Live Law  

The Jammu and Kashmir and Ladakh High Court recently declined intervention in a plea seeking a direction upon the government to provide security cover to the Petitioner as there are rumors in his locality that he is a 'BJP agent'.A bench of Justice Vinod Chatterji Koul observed that the authorities had already made a threat assessment and did not find …

Bail Can't Be Denied Merely Because Numerous FIRs Are Registered Against A Person Unless Prima Facie Involvement Shown: J&K&L High Court
2 years, 5 months ago

Bail Can't Be Denied Merely Because Numerous FIRs Are Registered Against A Person Unless Prima Facie Involvement Shown: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that merely because a number of FIRs stand registered against a person he cannot be denied concession of bail, particularly, when his involvement in commission of a non-bailable offence is not prima facie shown from the contents of the FIR. Deciding the contentions raised by the parties, Justice Dhar observed …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 7 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

Trial Court Focussed On Alleged Crime's Impact On Women Education Without Applying Judicial Mind: J&K&L HC Grants Bail To POCSO Accused
3 years, 5 months ago

Trial Court Focussed On Alleged Crime's Impact On Women Education Without Applying Judicial Mind: J&K&L HC Grants Bail To POCSO Accused

Live Law  

The Jammu & Kashmir And Ladakh High Court recently granted bail to a man accused of sexually assaulting a minor as it noted that the victim and her father had stated nothing against him/accused in their statements recorded under Section 164 CrPC. The accused, Ishfaq Ahmad Khan, had moved the High Court after the Sessions Judge denied him bail on …

Advocates Challenge Hubli Bar Association Resolution Refusing Legal Aid To Kashmiri Students Arrested On Sedition Charges [Read Petition]
5 years, 1 month ago

Advocates Challenge Hubli Bar Association Resolution Refusing Legal Aid To Kashmiri Students Arrested On Sedition Charges [Read Petition]

Live Law  

A petition has been filed by 24 advocates in the Karnataka High Court challenging the resolution passed by the Hubli Bar Association, deciding that non of its members would appear for three Kashmiri Students, arrested on sediton charge for allegedly raising pro-Pakistan slogans and posting it on social media. Further the petition seeks quashing of the resolution passed by the …

Discover Related