High Court of J & K and Ladakh
Order 1 Rule 10(2) CPC | Court Can Add Or Remove Parties For Determination Of Dispute Without Protraction Or Inconvenience: J&K High Court
Highlighting the court's mandate under Order 1 Rule 10(2) of the Civil Procedure Code (CPC) the Jammu and Kashmir and Ladakh High Court has ruled that the court has the power to bring all interested parties into a lawsuit for a comprehensive and conclusive resolution.Clarifying the position on Order 1 Rule(2) Justice Javed Iqbal Wani observed, “That though the Court may have power to strike...
"Timely Administration Necessary To Promote Rule Of Law": J&K High Court Directs SKIMS To Resume Associate Prof Selection Stalled Since 2022
The Jammu and Kashmir and Ladakh High Court has directed the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) to resume the selection process for promotion to the post of Associate Professor in the Department of Surgical Gastroenterology, which has been stalled since September 2022.Emphasising the crucial role of timely administrative decision-making in upholding the Rule of Law, a bench...
Pathetic & Unbelievable: J&K High Court Expresses Dismay Over Prolonged Power Outage At Srinagar Bench, Requests Chief Secy For Permanent Solution
In a significant move to address the critical infrastructural challenges faced by the High Court of Jammu & Kashmir and Ladakh at Srinagar, the court has requested the Chief Secretary of J&K to work out means to ensure an interrupted supply of electricity to the court.The directions came when the High Court, situated in Srinagar, encountered a power outage during court hours, plunging...
Jammu and Kashmir and Ladakh High Court Weekly Round-Up February 12 - February 18, 2024
Nominal Index:Kaka Ram Vs Mangat Ram 2024 LiveLaw (JKL) 16Executive Engineer Roads and Buildings, Bandipora Vs Nazir Ahmad Teli 2024 LiveLaw (JKL) 17Daljit Singh Vs Dhanwant Kour 2024 LiveLaw (JKL) 18Muyeeb Shafi Ganie Vs UT of J&K 2023 LiveLaw (JKL) 19Babu Ram vs Tata Project Ltd. Residential Manager and Ors 2024 LiveLaw (JKL) 20Mohammad Shafi Dar Vs Directorate of Enforcement and another...
Jammu & Kashmir High Court Grants Bail To State Cooperative Bank's Ex-Chairman In Alleged 233 Crore Money Laundering Scam
The Jammu and Kashmir and Ladakh High Court has granted bail to former J&K State Cooperative Bank Chairman Muhammad Shafi Dar, arrested by the Enforcement Directorate (ED) in connection with an alleged Rs 233 crore money laundering scam.Allowing Dar's bail petition a bench of Justice Rahul Bharti observed,“The petitioner is well within his right to say and agitate that so long as...
High Court At Designated 'Venue' Has Jurisdiction, J&K High Court Dismisses S. 11 Application
The Jammu & Kashmir and Ladakh High Court bench comprising Chief Justice N. Kotiswar Singh affirmed that when parties specify a particular location as the venue for arbitration proceedings, that location effectively becomes the seat of arbitration. Consequently, only courts with jurisdiction over that designated venue possess the authority to hear and decide on matters pertaining to...
Likelihood Of Getting Bail No Ground To Invoke Public Safety Act, Authority Must Challenge Bail Order Before Higher Forum: J&K High Court
Quashing a public detention order under the Public Safety Act (PSA), the Jammu and Kashmir and Ladakh High Court has highlighted the importance of due process and criticized authorities for resorting to preventive detention instead of challenging bail.If authorities fear a released individual might resume criminal activities, they should oppose their bail application or challenge a potential...
[O.7 R.14 CPC] Failure to Produce Necessary Document Doesn't Automatically Lead To Rejection Of Suit, Court Holds Discretion: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that failing to produce documents during a proceeding under Rule 14(3) of Order 7 CPC doesn't lead to automatic rejection of the suit. It noted that the Court under this provision, holds the authority to permit the submission of these documents at a subsequent stage.A bench of Justice Javed Iqbal Wani observed,“..It can be said that...
[Payment Of Wages Act] Employer Responsible For Wage Payment If Contractor Fails To Make Such Payment: Jammu & Kashmir High Court
Reaffirming the employer's primary responsibility for wage payment under the Payment of Wages Act, 1936 the Jammu and Kashmir and Ladakh High Court has said that it shall be the responsibility of the employer to make payment of all wages required to be made under the Act in case the contractor or the person designated by the employer fails to make such payment.Dismissing two writ...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 5 - February 11, 2024
Nominal Index:Iftikar Ahmad Vs Abdul Majeed 2024 LiveLaw (JKL) 11Vishal Khajuria V/s Staff Selection Commission 2024 LiveLaw (JKL) 12Maheen Showkat Vs UT of J&K 2024 LiveLaw (JKL) 13Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 14Union Territory of Jammu & Kashmir Vs IFFCO-TOKIO, General Insurance Company Limited 2024 LiveLaw (JKL) 15Judgements/Orders: Powers U/S 482 CrPC...
Court's Observations In Interim Relief Applications Are Tentative & Temporary, Not Final Opinion On Merits Of Case: J&K High Court
Clarifying that observations made by a court while considering an application for interim relief are tentative and temporary, the Jammu and Kashmir and Ladakh High Court has said that the character of these observations is not to be construed as a final expression of any opinion as to the merits of the case.Justice Javed Iqbal Wani made these observations while hearing a plea under Article 227...
Determinable Contracts Not Specifically Enforceable, Injunction Cannot Be Granted To Prevent Breach: J&K High Court
Shedding light on the nature of determinable contracts, their enforcement under the Specific Relief Act, and the applicability of injunctions on them, the Jammu and Kashmir and Ladakh High Court has ruled that when a contract is determinable and cannot be specifically enforced, no injunction against termination and enforcement of the contract can be issued.These observations were made by...