NI Act | Unless Accused Pleads Not Guilty, Interim Compensation U/S 143-A Cannot Be Granted: J&K High Court

The Jammu and Kashmir and Ladakh High Court quashed three orders passed by the Chief Judicial Magistrate, Srinagar, awarding interim compensation to a complainant under Section 143-A of the Negotiable Instruments Act (NI Act). The Court held that interim compensation can be granted only after the accused pleads not guilty to the accusation and the Magistrate applies his mind to...

[DV Act] Arrest Warrants Unjustified In Domestic Violence Cases Since Proceedings Are Civil In Nature: J&K High Court

The Jammu and Kashmir and Ladakh High Court has unequivocally condemned the use of coercive processes like warrants of arrest in domestic violence cases.A bench of Justice Sanjay Dhar while hearing a petition challenging the issuance of such warrants, observed that proceedings under the Protection of Women from Domestic Violence Act (DV Act) are inherently civil in nature and not...

Any attempt To Modify Award Under Section 34 is not permissible: J&K High Court

The Jammu & Kashmir and Ladakh High Court has set aside a judgment from a subordinate court modifying an arbitral award while underscoring that under Section 34 of the J&K Arbitration and Conciliation Act, 1997, courts lack the authority to modify arbitral awards and can only either uphold or set aside the awards.The question arose from an award in which the Arbitral Tribunal directed...

Arbitration Award Attains Status Of Civil Court Decree After Three Months If No Challenge Is Posed: J&K High Court

Emphasising the significance of the amended Section 36 of the Arbitration and Conciliation Act, which allows for the enforceability of non-stayed awards the Jammu and Kashmir and Ladakh High Court has ruled that an arbitration award attains the status of a civil court decree after three months if no challenge is posed.This transformation grants the award immediate executability at the...

Writ Petitions Do Not Lie Against Show Cause Notices Unless It Transcends Jurisdiction, Is Issued With Premeditated Mind: J&K High Court

Quashing an order of cancellation of a lease deed after issuing a premeditated show cause notice the Jammu and Kashmir and Ladakh High Court has emphasised that a writ petition does not ordinarily lie against a show cause notice unless it is issued with a premeditated mind.In allowing a plea against the lease agreement cancellation by the respondent Jammu Development Authority (JDA) which was...

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved.Justice Javed Iqbal Wani while adjudicating the matter observed, "an appeal against the order awarding compensation and against an order awarding...

CRPF Rules | Essential To Establish Actual Service Of Notice To Delinquent Personnel Before Ordering Dismissal From Force: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that it is essential to establish proof of “actual service of notice” to delinquent personnel before ordering their dismissal from the force.Justice Javed Iqbal Wani while hearing the matter, noted, "The fundamental principles of natural justice cannot be compromised. It is essential that the procedural rules are strictly followed...

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court

Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPCA bench comprising Justice Sanjay Dhar has explained that if the matter in issue in the subsequent...

S.143A NI Act | Application Of Mind, Consideration Of Certain Factors By Magistrate Essential To Decide Quantum Of Interim Compensation: J&K High Court

Quashing an order of the Judicial Magistrate 1st Class (1st Additional Munsiff), Srinagar, for granting interim compensation under Section 143-A of the Negotiable Instruments Act (NI Act) the Jammu and Kashmir and Ladakh High Court has emphasised on the proper application of mind on part of the Magistrate to decide the interim compensation.Highlighting the factors that need to be considered...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024

Nominal Index:Shameem Ahmad Shah Vs UT of J&K 2024 LiveLaw (JKL) 185Mohammad Sultan Najar Vs UT of J&K 2024 LiveLaw (JKL) 186Nisar Ahmad Rather Vs Tahir Ahmad Reshi 2024 LiveLaw (JKL) 187State through Executive Engineer PHE Division, Doda Vs Sakina Begum 2024 LiveLaw (JKL) 188Din Mohd Vs Shokat Ali 2024 LiveLaw (JKL) 189Ghulam Mohiudin Lone Vs UT of J&K 2024 LiveLaw (JKL)...

Ocular Witnesses Not Expected to Have Photographic Memory, Minor Inconsistencies Must Be Ignored: J&K High Court

The Jammu and Kashmir and Ladakh High Court has underscored that ocular witnesses are not expected to possess photographic memories capable of recalling every detail of an incident.The court has emphasised that minor contradictions and inconsistencies in witness testimonies should be disregarded if they do not affect the material aspects of the case. In upholding a conviction Justice Sanjay...

Drugs & Cosmetics Act | No Prosecution For Seeking Information U/S 18-A When It Is Already Available With Drug Inspector: J&K High Court

Quashing a criminal complaint under Section 18-A of the Drugs & Cosmetics Act the Jammu and Kashmir and Ladakh High Court has observed that once the information required under the Section is already available with the Drug Inspector, demanding the same from the non manufacturer/ agent becomes redundant, thereby rendering prosecution legally untenable.Section 18-A mandates that any...