J&K HC reinstates charges in cross border conspiracy
Case BriefsHigh Courts

“The present case was not one of mere suspicion but one raising grave suspicion, as the incriminating chats, videos, and photographs detected from the mobile phones stood corroborated by the monetary credits received through international fund transfers.”

J&K HC upholds acquittal in rape case
Case BriefsHigh Courts

“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”

ineligible person appointed as Director of Family Welfare
Case BriefsHigh Courts

“Where one ineligible person was ignored at the cost of another ineligible person without reasonable basis or rationale, the ineligible person, who was ignored, could raise his voice and approach the Court to find out the reasons for his exclusion”

inciting J&K secession unlawful activity
Case BriefsHigh Courts

“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”

State adverse possession over private land
Case BriefsHigh Courts

“The fundamental right guaranteed to a citizen cannot be said to have been waived by a citizen for remaining silent for long time more particularly when the State has failed in its constitutional obligation to follow the process of land acquisition before taking over the private property of a citizen.”