High Court of J & K and Ladakh
If Only One Conclusion Possible From Undisputed Facts, Possible Breach Of Natural Justice Does Not Automatically Imply Prejudice: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that in situations where only one conclusion was possible upon admitted or undisputed facts, a breach of natural justice does not automatically imply prejudice.Justice Sindhu Sharma thus upheld the cancellation of the allotment of a shop in Jammu to the allotee petitioner. “Even otherwise, if on undisputed and admitted fact, if only...
Detention Orders With Irrelevant Grounds Violate Constitutional Rights, Grants Detenu Right To Seek Relief From Court: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that including irrelevant or non-existent grounds in a detention order violates the constitutional rights of the detenu, allowing them to seek court relief.Justice Vinod Chatterji Koul explained that such inclusions infringe upon two crucial rights: firstly, the inclusion of irrelevant or non-existent grounds infringes upon the primary...
CPC | Relevance Of Documents Primary Consideration Before Allowing Order XI Rule 12 Application: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the primary consideration for the court before allowing an application under Order-XI Rule-12 CPC lies in determining the relevance of the documents, especially when a party seeks a specific document.Justice Sindhu Sharma clarified that any document shedding light on the proceedings becomes pertinent, contributing to the understanding...
English Translated Copy Certified By A Sworn Or Official Translator Is Sufficient Compliance Of Section 47(2) Of The A&C Act: J&K High Court
The High Court of Jammu & Kashmir High Court has held that filing of an English translated copy certified by an official or sworn translator satisfies the requirement of Section 47(2) of the A&C Act which provides that if an award is in a foreign language, a translated copy of the award is to be filed for the purpose of the enforcement of the foreign award and the same has...
Jammu & Kashmir And Ladakh High Court Weekly Roundup : October 16 - October 22, 2023
Nominal Index: Nikhat Nabi v M/s Fancy Fabrics & Ors (J&K Bank Ltd) 2023 LiveLaw (JKL) 265G. M. Bhat v State of JK 2023 LiveLaw (JKL) 266Chief Engineer PWD Kashmir Vs Fahmeeda Begum 2023 LiveLaw (JKL) 267Shakeel Ahmad Kuchay Vs. Manmohan Lal 2023 LiveLaw (JKL) 268Naveen Bhatnagar vs M/s Sudarsham Consolidated Limited 2023 LiveLaw (JKL) 269Judgments/Orders: Order 23 Rule 3(A) - Bar...
Director's Resignation Has Immediate Effect Only In Absence Of Explicit Provision In Articles Of Association: J&K High Court
The Jammu and Kashmir and Ladakh High Court on Friday clarified that a Director's resignation is deemed to take immediate effect only in cases where the Articles of Association do not specify the resignation's effect.Justice Sanjay Dhar observed, ".. if the Articles of Association of a company make a provision for resignation, the same has to be resorted to in accordance with the...
Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently observed that a subsequent suit is barred only if the first suit and the second suit are based on the same cause of action under Order 2 Rule 2 of the CPC.Justice Javed Iqbal Wani added that the court should not prematurely dismiss a suit or an application for an interim injunction if there are triable issues and that issues regarding...
Lok Adalat Awards Deemed Decrees, Further Appeals U/S 96 CPC Not Allowed: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently observed that every award issued by the Lok Adalat is deemed to be a decree of a Civil Court and is final and binding, hence closing the door to further appeals under Section 96 of the CPC.Justice Wasim Sadiq Nargal noted that an award of the Lok Adalat can only be challenged if there is an allegation of fraud or if the agreement...
UAPA | Appellant Authority Cannot Remand Case Back To Designated Authority Beyond Time Limit Prescribed U/S 25: J&K High Court
The Jammu and Kashmir and Ladakh High Court has observed that once the appellate authority recognises the lack of reasoning in the designated authority’s order, it is imperative for the appellate body to either confirm or revoke the order under Section 25(6) of the Unlawful Activities (Prevention) Act within the time limit specified therein.Justice Wasim Sadiq Nargal clarified that...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 9 - October 15, 2023
Nominal Index:Union Territory of J&K Vs Abdul Qayoom Bhat 2023 LiveLaw (JKL) 260Ab. Hamid Bhat Vs Union Territory of Jammu and Kashmir 2023 LiveLaw (JKL) 261Ghulam Din Bhat and another Vs Mst Jana 2023 LiveLaw (JKL) 262Tabeen Mineral Water Private Limited Vs National Insurance Company Limited 2023 LiveLaw (JKL) 263Court On Its Own Motion Vs Comm. Secy. Govt. of JK Tourism and Ors 2023...
Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that although Order 23, Rule 3-A of the Civil Procedure Code bars new suits from setting aside a decree based on a lawful compromise, the bar only applies to parties involved in the compromise and does not preclude strangers to the suit from filing independent suits to challenge the compromise decree.Justice Javed Iqbal Wani also added...
Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. A bench of Chief Justice N. Kotiswar Singh and Justice M. A. Chowdhary however acknowledged that the Consumer Commissions, except for...