Disputes Predominantly Civil But Involving Elements Of Criminality Not Automatically Excluded From Arbitration: Jammu and Kashmir High Court

The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh has held that a dispute predominantly civil but involving elements of criminality is not automatically excluded from arbitration. The bench noted that unless there is a specific allegation of the parties engaging in an agreement amounting to criminal conspiracy, there should be no blanket prohibition...

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order

The High Court of Jammu & Kashmir and Ladakh has sharply criticized a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978, and imposed a ₹10,000 fine on the District Magistrate Jammu, personally, citing "unjustifiable" grounds for the detention.The court described the detention order as based on the “twisted reasoning and thought process of the...

FIR Not Appropriate Remedy For Addressing Disobedience Of Injunction Order, Recourse Under O.39 R.2A CPC Applicable : J&K High Court

The Jammu and Kashmir and Ladakh High Court has declared that the appropriate approach to address the disobedience or breach of an injunction order is through Order 39 Rule 2-A of the CPC, rather than the registration of an FIR.In quashing an FIR arising out from a civil dispute Justice Javed Iqbal Wani explained that Order 39 Rule 2-A of the CPC exists to enforce court orders, not...

Admissions Of Liability Made Outside Of Court Under Pressure Cannot Be Sole Basis To Determine Fact Of Issue: J&K High Court

Shedding light on significant aspects of civil procedure and the burden of proof in civil trials the Jammu and Kashmir and Ladakh High Court has ruled that admissions of liability made outside of court under pressure cannot be the sole basis for deciding a civil case.A bench of Justice Mohammad Yousuf Wani has emphasised, “A civil trial is meant to be conducted strictly as per the provisions...

Principal Employer Liable To Compensate For Worker's Death Even If He Is Engaged Through Contractor: J&K High Court

Upholding the principles of the Employees' Compensation Act, 1923, the Jammu and Kashmir and Ladakh High Court on Tuesday ruled that the principal employer is liable to compensate the accidental death of a worker engaged by a contractor.Citing Section 2 (1)(e) and Section 12 of the Act a bench of Justice Mohammad Yousuf Wani recorded, “that where a principal employer engaged a Contractor...

Justice Tashi Rabstan Appointed As Acting Chief Justice Of J&K And Ladakh High Court

The President of India has appointed Justice Tashi Rabstan, senior-most Judge of High Court of Jammu and Kashmir and Ladakh as Acting Chief Justice of Jammu and Kashmir and Ladakh High Court.This appointment was made consequent to the elevation of Justice N Kotiswar Singh as Judge of Supreme Court of India.A notification to this effect reads, “In exercise of the powers conferred by Article...

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court

Quashing an ex parte judgment passed by the 4th Additional District Judge, Srinagar, in a case where the defendant was not served with a summons for judgment the Jammu and Kashmir and Ladakh High Court has ruled that a defendant is only obligated to apply for leave to defend a suit after being served with a summons for judgment.Clarifying the legal position on the issue Justice Sanjay...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Nominal Index:Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw (JKL) 180Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw (JKL) 181Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw (JKL) 182MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER (REVENUE DEPARTMENT) 2024 LiveLaw (JKL) 183Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw (JKL) 184Judgments/Orders:Dismissal Of Complaint...

S. 233 CrPC | Denying Accused's Right To Adduce Evidence Amounts To Denial Of Fair Trial: J&K High Court

The Jammu and Kashmir High Court has ruled that denying an accused the right to adduce evidence constitutes a denial of a fair trial. The order overturned an earlier decision by the Fast Track Court POCSO, Srinagar, which had rejected the accused's application to summon defense witnesses.In his ruling, Justice Javed Iqbal Wani cited Section 233 of the Cr.P.C, which stipulates that if an...

Employees Appointed In Violation Of Articles 14 & 16 Can Be Disengaged Without Hearing: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that employees appointed in contravention of Articles 14 and 16 of the Constitution can be disengaged without the necessity of affording them an opportunity to be heard.In upholding the disengagement of employees appointed by various Municipal Committee without issuing any advertisement notice Justice Javed Iqbal Wani observed, “.. Had...

J&K High Court Cautions Against Routine Quashing Of FIRs On Settlement Between Parties, Cites Larger Effect On Society

The Jammu and Kashmir and Ladakh High Court has cautioned that an FIR and the consequent charge-report resulting from an investigation cannot be quashed routinely under Section 482 of the Code of Criminal Procedure merely because the parties have settled their differences.Raising an alarm of watchfulness Justice Mohammad Yousuf Wani reasoned, “In case the FIRs and the criminal cases...

Temple Properties Vest In The Deity: J&K High Court Directs Anantnag Deputy Commissioner To Take Over Management Of Two Temples

Aiming to ensure an effective and peaceful management of Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple in Anantnag, the Jammu and Kashmir and Ladakh High Court has directed the Deputy Commissioner (District Magistrate) of Anantnag to assume control over the management of these temples and their properties.The directions to this effect were passed by a bench comprising Justices Sanjeev...