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...

'Satisfied With Measures Taken By Authorities To Preserve Green Spaces, Parks': Jammu & Kashmir High Court Closes PIL

The Jammu and Kashmir High Court expressed satisfaction with the measures taken by the authorities regarding the maintenance and preservation of green spaces and parks in the region, particularly Srinagar and Jammu. A Division Bench of Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi after carefully reviewing reports submitted by the concerned authorities, decided to close...

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the dismissal of the appeal by the appellate court solely due to the late submission of the certified copy of the order was not legally sustainable and amounted to a failure of justice.A bench comprising Justice Javed Iqbal Wani emphasised that a person's right to appeal cannot be nullified simply because they did not strictly...

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records

The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea. The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail based on a 2022 order issued by...

Smart Satellite Township: Jammu & Kashmir High Court Orders Reassessment Of Land Compensation To Claimants

The Jammu and Kashmir and Ladakh High Court on Monday directed the government to reassess the amount of compensation and improvement charges to be paid to land claimants, emphasizing the need for a fair evaluation of the value of the land involved in the Smart Satellite Township dispute.Justice Wasim Sadiq Nargal dismissed the pleas as barred by res subjudice on the issue of tenancy but...