Payment Of Gratuity Act | Statutory Remedy Of Appeal Against Award Can't Be Circumvented To Escape Pre-Deposit Requirement: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the statutory remedy of appeal against an award passed by a Controlling Authority under the Payment of Gratuity Act, 1972, cannot be bypassed by approaching the High Court directly.A bench of Justice Sanjeev Kumar clarified that the remedy of appeal against awards passed by Controlling Authorities, as prescribed under Section 7(7) of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 19 - February 25, 2024

Nominal Index:Mohammad Shafi Dar Vs Directorate of Enforcement and another 2024 LiveLaw (JKL) 21Mangal Singh Vs Balbir Singh 2024 LiveLaw (JKL) 22Dr. Mohammad Riyaz Latoo and another Vs SKIMS & Anr 2024 LiveLaw (JKL) 23Jaswant Singh Vs J&K State Road Transport Corporation 2024 LiveLaw (JKL) 24Judgments/Orders: Jammu & Kashmir High Court Grants Bail To State Cooperative...

Doctrine Of Estoppel Can Be Viewed As Substantive Rule Of Law Since It Helps Create Or Deny Rights Which Would Not Exist Without It: J&K High Court

Underscoring the significance of estoppel in safeguarding individual's rights against arbitrary actions by employers, the Jammu and Kashmir and Ladakh High Court has observed that in cases where statutory denial of rights does not occur, estoppel can validate claims and bar parties from denying previously affirmed facts.A bench of Justice MA Chowdhary observed,“Estoppel though a branch of...

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...