High Court of J & K and Ladakh
S.34 Drugs & Cosmetics Act | Proof Of Actual Responsibility Of Company At Time Of Offence Crucial To Attract Culpability: J&K High Court
Quashing a criminal complaint under the Drugs and Cosmetics Act the Jammu and Kashmir and Ladakh High Court has ruled that not every person connected with the company may fall within the ambit of the provisions of section 34 of the Act of 1940.Justice Javed Iqbal Wani has clarified that it is essential to prove that the person who was in charge of and responsible for the conduct of the business of the company at the relevant time is liable for the offence, as the liability would arise on account...
Court Can Invoke Power Of Review To Correct Inadvertent Errors, Misrepresentation Even After Judgement Is Pronounced: J&K High Court
The Jammu & Kashmir and Ladakh High Court recently ruled that once a judgment is pronounced or an order is made, the court becomes “functus officio”, meaning it loses control over the matter, and the judgment or order becomes final, however, with the doctrine of review standing as an exception to this rule.Justice Javed Iqbal Wani, while hearing a review petition, stated, “The...
Jammu & Kashmir High Court Takes Suo Moto Cognizance To Expedite Retrieval Of Drowned Indian Man's Body From Pakistan
The High Court of Jammu & Kashmir and Ladakh has taken suo motu cognizance to expedite the retrieval of a man's body from Pakistan. The deceased, Harash Nagotra, tragically drowned in the Chenab River, and his body was discovered across the border, in Pakistan.Initially, a petition was filed by Indu Bhushan Bali, requesting the court to treat the matter as a PIL under Articles 226 and 227...
Jammu And Kashmir High Court Orders De-Sealing Of Doctor's Clinic Sealed For Alleged Violations Of Clinical Establishments Act
The High Court of Jammu and Kashmir and Ladakh has directed the authorities to de-seal the Aas Neuropsychiatric De-Addiction and Pain Management Clinic owned by Dr. Sumeet Singh, a renowned Psychiatrist in Kathua Jammu.In granting the interim relief Justice Mohammad Yousuf Wani observed, “In the meantime, subject to any contrary orders of this Court, the respondents under the command...
NI Act | Unless Accused Pleads Not Guilty, Interim Compensation U/S 143-A Cannot Be Granted: J&K High Court
The Jammu and Kashmir and Ladakh High Court quashed three orders passed by the Chief Judicial Magistrate, Srinagar, awarding interim compensation to a complainant under Section 143-A of the Negotiable Instruments Act (NI Act). The Court held that interim compensation can be granted only after the accused pleads not guilty to the accusation and the Magistrate applies his mind to...
[DV Act] Arrest Warrants Unjustified In Domestic Violence Cases Since Proceedings Are Civil In Nature: J&K High Court
The Jammu and Kashmir and Ladakh High Court has unequivocally condemned the use of coercive processes like warrants of arrest in domestic violence cases.A bench of Justice Sanjay Dhar while hearing a petition challenging the issuance of such warrants, observed that proceedings under the Protection of Women from Domestic Violence Act (DV Act) are inherently civil in nature and not...
Any attempt To Modify Award Under Section 34 is not permissible: J&K High Court
The Jammu & Kashmir and Ladakh High Court has set aside a judgment from a subordinate court modifying an arbitral award while underscoring that under Section 34 of the J&K Arbitration and Conciliation Act, 1997, courts lack the authority to modify arbitral awards and can only either uphold or set aside the awards.The question arose from an award in which the Arbitral Tribunal directed...
Arbitration Award Attains Status Of Civil Court Decree After Three Months If No Challenge Is Posed: J&K High Court
Emphasising the significance of the amended Section 36 of the Arbitration and Conciliation Act, which allows for the enforceability of non-stayed awards the Jammu and Kashmir and Ladakh High Court has ruled that an arbitration award attains the status of a civil court decree after three months if no challenge is posed.This transformation grants the award immediate executability at the...
Writ Petitions Do Not Lie Against Show Cause Notices Unless It Transcends Jurisdiction, Is Issued With Premeditated Mind: J&K High Court
Quashing an order of cancellation of a lease deed after issuing a premeditated show cause notice the Jammu and Kashmir and Ladakh High Court has emphasised that a writ petition does not ordinarily lie against a show cause notice unless it is issued with a premeditated mind.In allowing a plea against the lease agreement cancellation by the respondent Jammu Development Authority (JDA) which was...
Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved.Justice Javed Iqbal Wani while adjudicating the matter observed, "an appeal against the order awarding compensation and against an order awarding...
CRPF Rules | Essential To Establish Actual Service Of Notice To Delinquent Personnel Before Ordering Dismissal From Force: J&K High Court
The Jammu & Kashmir and Ladakh High Court has ruled that it is essential to establish proof of “actual service of notice” to delinquent personnel before ordering their dismissal from the force.Justice Javed Iqbal Wani while hearing the matter, noted, "The fundamental principles of natural justice cannot be compromised. It is essential that the procedural rules are strictly followed...
CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court
Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPCA bench comprising Justice Sanjay Dhar has explained that if the matter in issue in the subsequent...