Jammu & Kashmir And Ladakh High Court Weekly Roundup December 15 - December 21, 2025

Nominal Index:Sher-e-Kashmir University of Agriculture Sciences and Technology and another Vs Dr Robinder Nath Koul & Ors 2025 LiveLaw (JKL) 319Abdul Majeed Parray & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 320Tafazul Fazili Vs Sabzar Ahmad Bandh 2025 LiveLaw (JKL) 321UT of J&K vs Som Raj 2025 LiveLaw (JKL) 322Vikas Dhar Vs Financial Commissioner Revenue & Ors 2025 LiveLaw...

'Murder Was Not Social Revenge, Convict Over 60 Yrs Old': Punjab & Haryana High Court Commutes Death Sentence In Beheading Case

Observing that the murder stemmed from personal animosity arising out of a family property dispute and not “social revenge”, and noting that the convict was over 60 years of age with no history of violent behaviour, the Punjab & Haryana High Court has commuted the death sentence awarded to a man convicted of murdering and beheading his younger brother.While upholding the conviction...

Central Institute Of Medicinal & Aromatic Plants, Lucknow Not 'Industry' Under Industrial Disputes Act: Allahabad High Court

The Allahabad High Court has held that Central Institute of Medicinal & Aromatic Plants, Lucknow, a constituent/ Institute of Council of Scientific and Industrial Research, New Delhi is not an industry under 2(j) of Industrial Disputes Act, 1947.Definition of 'Industry' under the Act of 1947 reads as"2(j) "industry" means any business, trade undertaking, manufacturer or calling of...

IBC Resolution Doesn't Extinguish Statutory Claims Left Open By NCLT: Calcutta High Court

The Calcutta High Court has clarified that approval of a resolution plan under insolvency law does not wipe out claims that were specifically excluded and left open by the tribunal at the time of approval.A Division Bench of Justices Madhuresh Prasad and Supratim Bhattacharya, in an order dated December 8, 2025, dismissed an appeal filed by S.S. Natural Resources Pvt Ltd and upheld a demand...

Bombay High Court Rejects Mumbai Metro's Arbitration Request Application, Rules Settlement Agreement Supersedes Original Contract

The Bombay High Court recently rejected the Mumbai Metro One Private Limited's (MMOPL) request to have its dispute with Hindustan Construction Company (HCC) resolved by way of arbitration. The Court deciding that the arbitration clause in the original contract no longer applies to new issues emerging from the settlement, ruled that once a "full and final" settlement agreement is executed,...

Allahabad High Court Passes Split Verdict On Single Judge's Stay Of Arbitrator's Orders In Cooperative Society Election Dispute

A division bench of the Lucknow Bench of the Allahabad High Court delivered a split verdict against challenge to an order of the Single Judge whereby it had stayed the order of the Sub-Divisional Magistrate, who was acting as an arbitrator, by which election result of the Bahujan Nirbal Varg Sahkari Grih Nirman Samiti Ltd. (Petitioner) under the Uttar Pradesh Cooperative Societies Act 1965...

Res Judicata Not Attracted Where Issue Was Not Framed In Earlier Proceedings: Bombay High Court Partially Modifies Arbitral Award

The Bombay High Court has held that res judicata does not apply where the issue in earlier proceedings was neither framed nor directly adjudicated and that the court exercising jurisdiction under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can modify an award by reducing the rate of interest where bad part of an award is severable from the good...

Not Purely Religious Or Voluntary: J&K&L High Court Holds Dharmarth Trust As 'Industry' Under Industrial Disputes Act

The High Court of Jammu & Kashmir and Ladakh has held that the J&K Dharmarth Trust, by virtue of the systemic, organised and commercial nature of its activities, answers the statutory definition of an “industry” under the Industrial Disputes Act, 1947.Justice M A Chowdhary ruled that the Trust's operations cannot be characterised as purely religious or spiritual carried out in...

Calcutta HC Declines To Interfere With Arbitral Awards In Iron Ore Supply Dispute; Says No Grounds Made Out U/S 34/37 A&C Act

Reaffirming the limited scope of judicial review under the Arbitration and Conciliation Act, the Calcutta High Court has dismissed two connected appeals under Section 37 filed by Orissa Minerals Development Company Ltd. (OMDC), upholding arbitral awards directing payment for excess procurement costs and loss of profits arising from stoppage of iron ore supplies to Jai Balaji Industries.A...

Failure To Frame Specific Issue On Limitation Not Fatal; Courts Can Examine Limitation Suo Motu: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that the question of limitation can be subsumed within the broader issues arising from the pleadings, and failure to frame a specific issue on limitation is not fatal, so long as no prejudice is caused to the parties.Justice Wasim Sadiq Nargal, while dismissing a writ petition challenging dismissal of a revision petition on the ground of...

Civil Court Can Order Police Assistance To Enforce Injunction Orders U/S 151 CPC: Orissa High Court

The Orissa High Court has held that even though the Code of Civil Procedure (CPC) does not contain a specific provision enabling police assistance for enforcing and implementing an order of injunction, still a Civil Court can invoke the inherent power vested in it under Section 151 to order police assistance, if other express provisions are found inadequate to give effect to an...

Sexual Assault By Husband's Family Members Also Form Of Cruelty Under S.498A IPC, Doesn't Warrant Separate Trial: Delhi High Court

The Delhi High Court has ruled that sexual assault on a wife by family members of the husband is also a form of cruelty under Section 498A of Indian Penal Code, 1860, and does not warrant a separate trial. Justice Amit Mahajan said that if allegations are made by the wife against such family members, it can also be part and parcel of physical cruelty as defined in Section 498A. The...