Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court
1 week, 4 days ago

Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court

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The Jammu and Kashmir High Court held that a suit for damages due to wrongful dismissal is not maintainable unless the termination is first challenged and declared wrongful. Ltd. v. Prabhakar Sitaram Bhadange, 5 SCC 623, wherein the court held that a contract of personal services is not enforceable under common law and that a civil court does not have the jurisdiction to grant relief of reinstatement, as granting such relief would amount to enforcing a contract of personal services. The court held that the only remedy available was to file a suit in the civil court seeking a declaration that the termination was wrongful and to claim damages for such wrongful termination of services. APPEARANCE: Dheeraj Sharma, Advocate for Petitioners V R Wazir, Sr. Advocate with Mr. Rajat Sudan, Advocate For Respondents Case-title Punjab National Bank vs V K Gandotra, 2025, LiveLaw, Click Here To Read/Download Order

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Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC
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1 week, 4 days ago

Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC

Live Law  

The Jammu and Kashmir High Court held that if there is an omission on the part of the trial court to frame an issue on the maintainability of the suit under law, that does not limit the powers of the appellate court to decide the issue of maintainability. Sarawathy, 2024, wherein the Supreme Court held that any failure or omission …

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction
3 weeks, 3 days ago

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

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While dismissing a writ petition filed by a compulsorily retired State Bank of India employee, the Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹25,000 for concealing crucial facts with the intent to deceive the Court regarding its territorial jurisdiction. It is the duty of every litigant to disclose all material facts, as withholding material facts from …

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered
1 month ago

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

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The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also dismissed the review petition filed by the Petitioner, stating that the same was misconceived and that the order passed by the trial court did not suffer from any infirmity. …

Contract Which Is Renewable Based On 'Criteria Of Performance' Is Deemed Renewed Unilaterally After Criteria Is Met, Cannot Be Terminated: J&K HC
1 month ago

Contract Which Is Renewable Based On 'Criteria Of Performance' Is Deemed Renewed Unilaterally After Criteria Is Met, Cannot Be Terminated: J&K HC

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The Jammu and Kashmir High Court held that where renewal of contract is based on the criteria of performance, the contract is deemed to have to been extended, if the said criteria is met. In this case, the Arbitrator was to determine legality of breach of agreement by interpreting the agreement-clause which said that “the agreement between the parties was …

Courts Must Not Deny Party's Statutory Remedies As A Matter Of Policy: Jammu & Kashmir High Court
1 month, 1 week ago

Courts Must Not Deny Party's Statutory Remedies As A Matter Of Policy: Jammu & Kashmir High Court

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While dismissing an appeal with cost and upholding the trial court order granting a recall Application, the Jammu, Kashmir & Ladakh High Court observed that when there is a statutory remedy available to a litigant, there is no dispute about a court granting liberty to avail such remedy as it remains open to the party to work out his remedies …

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court
3 months, 1 week ago

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court

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The Punjab and Haryana High Court stated that appeal cannot be dismissed as not maintainable on account of non-payment of requisite fee. The Division Bench consisting of Justices Sanjeev Prakash Sharma and Sanjay Vashisth was considering a case where the Appellate Authority dismissed the appeal as not maintainable on the ground that the assessee/petitioner had failed to pay Rs. The …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
7 months, 3 weeks ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

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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. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

[Industrial Disputes Act] Labour Tribunal Competent To Order Reinstatement Of Workman If Order Of Dismissal Found Unjustified: J&K High Court
11 months, 3 weeks ago

[Industrial Disputes Act] Labour Tribunal Competent To Order Reinstatement Of Workman If Order Of Dismissal Found Unjustified: J&K High Court

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Emphasising the authority of labour courts and tribunals to order reinstatement the Jammu and Kashmir and Ladakh High Court has said that when a worker's dismissal is deemed unjustified the Tribunal may by its award set aside the order of discharge or dismissal and direct reinstatement of the workman. Debunking a contention that Labor Tribunals lack the competence to pass …

Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court
1 year, 2 months ago

Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court

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Underscoring the interrelated nature of legal remedies, the Jammu and Kashmir and Ladakh High Court has reiterated that appeals are not separate proceedings but rather continuations of the original suits. However, instead of filing an appeal, the university directly approached the High Court, invoking its extraordinary jurisdiction under Articles 226 and 227 of the Constitution seeking quashing of the trial …

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
1 year, 7 months ago

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

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The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947. “.Retrenchment as it stood at the relevant time, termination …

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court
1 year, 8 months ago

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court

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The Jammu and Kashmir High Court on Tuesday ruled that a contractual employee is not entitled to a full-fledged regular enquiry before termination, even if the termination is stigmatic in nature. After hearing the rival contentions and upon examining the record the bench held that the petitioner was not a regular employee of the department, and was only engaged on …

Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost
2 years, 4 months ago

Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost

Live Law  

Coming down heavily on a petitioner for "forum hunting" and suppression of material facts, the Jammu and Kashmir and Ladakh High Court recently imposed a penalty of Rs. High Court noted that the Petitioner had already filed an appeal before the civil court, which is pending adjudication before the court of 3rd Additional District & Sessions Judge, Srinagar. "I, hold …

Court Verdicts Do Not Give Cause Of Action; Only Declare Law 'As Was, As Is': Jammu & Kashmir High Court [Read Order]
4 years, 4 months ago

Court Verdicts Do Not Give Cause Of Action; Only Declare Law 'As Was, As Is': Jammu & Kashmir High Court [Read Order]

Live Law  

The Jammu and Kashmir High Court has made it clear that a Court order, that might be favourable to any person's case, does not give him a cause of action and cannot be used to revive a case, otherwise suffering from delay or laches. The same cannot be claimed more than seven years after the retirement even if in some …

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