Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act (ID Act), the remedy lies exclusively in a civil court.However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability under general or common law rather than the ID Act, the jurisdiction of the civil court becomes an alternative remedy, leaving the suitor the choice to...

“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases

Emphasising the urgent need for specialized investigative teams to handle cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act the Jammu and Kashmir and Ladakh High Court has observed that casual, unfair, and non-scientific investigations in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal justice.Directing that investigations henceforth be carried out by specialized teams trained specifically for NDPS...

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Such consent, the Court emphasised, cannot be excused under Section 90 of the Indian Penal Code (IPC) and can lead to a conviction for rape under Sections 375 and 376 IPC.Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed...

J&K High Court Orders ₹11.63 Lakh Compensation To Family Of Electrician Electrocuted During Repair Work

Upholding the principle of respondeat superior, the Jammu and Kashmir and Ladakh High Court has awarded ₹11.63 lakh as compensation to the family of an electrician who lost his life due to electrocution while conducting repairs on an 11 KV power line.In allowing a compensation petition of the family of the deceased electrician Justice Javed Iqbal Wani observed, “.. the petition succeeds...

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time.Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2(f) of the DV Act is not confined to...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024

Nominal Index:Anand Vs Union of India 2024 LiveLaw (JKL) 330Shakeel Mohd Vs UT Of J&K 2024 LiveLaw (JKL) 331M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw (JKL) 332Govind Ram Vs Vidhya Devi 2024 LiveLaw (JKL) 333Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw (JKL) 334Shabnam Soodan Vs Seema Gupta 2024 LiveLaw (JKL) 335Avtar Krishan Suri V/s...

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts.Further, the court reiterated that transfer and posting are incidents of service, and an...

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

The Jammu and Kashmir and Ladakh High Court has held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor.For this limited purpose, a suit based on such an agreement is maintainable under the law, the court stated while reaffirming the legal sanctity of such agreements in...

Internal Complaint Committee Cannot Entertain Complaints Filed Beyond Three Month Limitation Period Under POSH Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that an authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) lacks the jurisdiction to act upon and decide complaints filed beyond the condonable limitation period of three months, as provided under the second proviso to Section 9(1) of the Act.Quashing the...

J&K COBA 1988 | Authorities Cannot Exceed Grounds Specified In Show Cause Notice When Taking Action Against An Individual: High Court

Reaffirming the foundational principle of administrative law that actions taken against individuals must strictly adhere to the grounds specified in the show cause notice the Jammu and Kashmir and Ladakh High Court has ruled that authorities cannot transgress the boundaries of the notice as such transgressions undermine the principles of natural justice and render subsequent actions...

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that managing director or chairman of a party to the arbitration agreement cannot be appointed as Arbitrator in light of section 12(5) read with Seventh Schedule of the Arbitration Act. Brief Facts The petitioner has filed this application under section 11 of the Arbitration Act,...

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

The Jammu and Kashmir and Ladakh High Court has underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters.The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without...