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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2 weeks, 1 day 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

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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 on the part of the trial court to frame an issue on the maintainability of a suit touching upon a jurisdictional fact by itself cannot take away the powers of the higher court to examine whether the jurisdictional fact did exist for the grant of relief as claimed, provided no new facts were required to be pleaded and no new evidence led. One of the key questions before the court was whether the appellate court has the power to determine the maintainability of the suit despite the omission by the trial court and whether termination without an inquiry was valid. The court held that the omission of the trial court to frame the issue of maintainability does not reduce the powers of the appellate court to decide the issue, especially when the material on record was sufficient to finally decide it.

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Defendant Cannot Rely On Vague Statements While Pursuing Leave To Defend In Summary Suit: J&K High Court
1 week ago

Defendant Cannot Rely On Vague Statements While Pursuing Leave To Defend In Summary Suit: J&K High Court

Live Law  

The Jammu and Kashmir High Court has held that a defendant cannot rely on unsubstantiated and vague statements while offering his leave to defend in a summary suit procedure. The court said that the trial court cannot be said to have committed any fault, error, or perversity in declining leave to defend the suit to the appellant herein and consequently …

Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court
2 weeks, 1 day ago

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

Live Law  

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 …

Appellate Court Can Examine Existence Of Jurisdictional Fact Despite Trial Court's Omission To Frame Issue On Maintainability Of Suit : Supreme Court
4 months ago

Appellate Court Can Examine Existence Of Jurisdictional Fact Despite Trial Court's Omission To Frame Issue On Maintainability Of Suit : Supreme Court

Live Law  

The Supreme Court has clarified that a higher court is not barred from examining the existence of jurisdictional fact merely because the trial court did not frame an issue regarding maintainability, provided no new facts/evidence are required at the appellate stage.To this end, the Court clarified the judgments in A. Kanthamani v. Nasreen Ahmed 4 SCC 654 and I.S. Sikandar …

Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court
4 months ago

Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court

Live Law  

Observing that the factual findings of a Labour Court should not be normally disturbed by a Writ Court without a compelling reason, the Supreme Court ordered the reinstatement of an employee who had been terminated due to conflicts arising from his estranged marital relationship. Such factual finding of the Labour Court should not normally be disturbed by a Writ Court …

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court
1 year ago

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

Live Law  

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court. However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed, “Normally an appellate …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 7 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

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