Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. Brief Facts The petitioner is a private limited company has filed this petition under section 11 of the Arbitration Act seeking appointment of...

Illegal Smuggling Of Bovine Animals Not Only Law & Order Issue But Also Threatens Maintenance Of Public Order: J&K High Court

Highlighting the grave repercussions of bovine smuggling on public order, the High Court of Jammu and Kashmir and Ladakh dismissed a habeas corpus petition filed against a preventive detention order issued under the J&K Public Safety Act, 1978.Justice Moksha Khajuria Kazmi, while delivering the judgment, observed that illegal smuggling of bovine animals not only posed a law and order issue but also threatened the maintenance of public order in the region, necessitating stringent measures to...

Constable With Colour Blindness Could Cause Danger To Public: J&K High Court Upholds Dismissal Of Constables From BSF

Emphasising the critical role of physical fitness in armed forces, the Jammu and Kashmir and Ladakh High Court dismissed petitions challenging the termination of two Border Security Force (BSF) constables diagnosed with colour blindness.Justice Vinod Chatterji Koul upheld their dismissal, observing that such a condition could potentially endanger public safety due to the nature of their duties.“A Constable (General Duty) in the BSF is deployed for different kinds of duties like drivers and...

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court

The Jammu and Kashmir and Ladakh High Court, while granting interim bail to an accused has emphasised that although a victim has the right to participate in criminal proceedings at all stages, there are instances where hearing the victim may not be necessary before granting relief.Justice Sanjay Dhar observed that if notifying the victim could defeat the purpose of the relief sought, the...

Jammu and Kashmir and Ladakh High Court Monthly Digest: November 2024

Nominal Index:Chowdhary Piara Singh Vs Sat Pal 2024 LiveLaw (JKL) 296White Globe Vs State of J&K 2024 LiveLaw (JKL) 297Anu Bala Vs Rajesh Singh 2024 LiveLaw (JKL) 298Mohammad Tajamul Masoodi Vs UT Of J&K 2024 LiveLaw (JKL) 299Muhammad Shafi Wani VS Muhammad Sultan Bhat 2024 LiveLaw (JKL) 300Zaka Chowdhary Vs UT Of J&K 2024 LiveLaw (JKL) 301Syed Shaifta Arifeen Balkhi Vs J&K...

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure (CPC) must be strictly fulfilled before a second appeal can be maintained. The Court reiterated that a second appeal cannot be decided on equitable grounds, nor can concurrent findings of fact be disturbed by the High Court merely because they are erroneous.A...

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite apart from the other...

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court

The Jammu & Kashmir And Ladakh High Court bench of Justice M A Chowdhary has held that section 30(7) of the Jammu and Kashmir Arbitration Act, 1997 which was amended in 2010 is retrospective in nature. The interest on the awarded amount cannot exceed the rate of 6% per annum as provided in the section. Brief Facts This petition under section 34 of the Jammu and Kashmir...

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024

Nominal Index:Dilawar Javid Bhat Vs UT Of J&K 2024 LiveLaw (JKL) 317Abdul Majeed Lone Vs Union of India 2024 LiveLaw (JKL) 318Kewal Krishan Vs Sham Lal 2024 LiveLaw (JKL) 319Ajeet Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 320Shenaz Begum th. Abdul Mazeed Vs UT Of J&K 2024 LiveLaw (JKL) 321UT Of J&K Vs Seema Koul & Anr 2024 LiveLaw (JKL) 322Sanjeev Gupta vs UT Of J&K...

"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case

The High Court of Jammu and Kashmir and Ladakh has reaffirmed that the doctrine of falsus in uno, falsus in omnibus—"false in one thing, false in everything" is inapplicable in Indian courts.Instead, the court comprising Justices Rajnesh Oswal and Sanjay Dhar emphasized the necessity of carefully sifting through evidence, separating unreliable portions while relying on credible and...

[Air Force Act] Choice Between Court Martial & Criminal Court Can Only Be Exercised After Probe & Before Magistrate's Cognizance: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that discretion under Section 124 of the Air Force Act, 1950, to choose between a court-martial and a criminal court, can only be exercised after the police investigation is complete and before the Magistrate takes cognizance of the case.Section 124 grants discretion to Air Force authorities to decide whether an offence involving Air...

Unregistered Agreement Insufficient To Transfer Leasehold Rights, Housing Board's Procedure Paramount: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that an unregistered agreement to sell is inadequate to transfer leasehold rights, emphasizing the exclusive procedure of the J&K Housing Board for such transfers.In dismissing an appeal against a demolition order Justices Rajnesh Oswal and Sanjay Dhar highlighted the paramountcy of J&K Housing board over its properties on...