Libertatem Magazine

Brahamdeep Kaur

Brahamdeep Kaur

Jammu and Kashmir High Court Direct Reconsideration of the Land Dispute Matter on Account of the Neglect of the Fundamental Issue

In the present case, the petitioner filed a suit for declaration with consequential relief of partition and possession. In addition, an application for interim relief against the respondents was filed in respect to land that was claimed to be joint and un-partitioned property. The Court allowed the petition and directed the lower court to reconsider the matter. 

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Himachal Pradesh High Court Rules That a Tenant Has the Right To Re-Enter In the Re-Built Building on New Terms of Tenancy on the Basis of Mutual Agreement With the Landlord

The Petitioner filed the present petition against the judgment passed by the learned Appellate Authority (III), Shimla, dismissing the appeal so preferred. However, the Himachal Pradesh High Court upheld the decision of the learned Appellate Authority, although with certain modifications.

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Jammu and Kashmir High Court Rules in Favour Of the Petitioner Stating It Is Essential to Release the Seized Property To Save It From Getting Damaged or Devalued

Excerpt  The Petitioner has filed the present petition to challenge the order passed by the Court of learned Special Judge, Anti-Corruption, Jammu, dismissing the Petitioner’s application for release of his vehicle (Rexton Car) bearing Registration No. JK02BH-0120. The Jammu and Kashmir High Court dismissed the petition by allowing the petition

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Jammu and Kashmir High Court Rules in Favour Of the Petitioner Stating It Is Essential to Release the Seized Property To Save It From Getting Damaged or Devalued

Excerpt  The Petitioner has filed the present petition to challenge the order passed by the Court of learned Special Judge, Anti-Corruption, Jammu, dismissing the Petitioner’s application for release of his vehicle (Rexton Car) bearing Registration No. JK02BH-0120. The Jammu and Kashmir High Court dismissed the petition by allowing the petition

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Delhi High Court Allows Petition To Constitute Arbitral Tribunal To Adjudicate Disputes Arising Between Parties in Relation to Contract Agreements

Excerpt The present petition was filed by a civil engineering company requesting an Arbitral Tribunal constitution to be constituted to adjudicate the disputes between the parties concerning the Contract Agreement regarding a Project. The petition was allowed by the Court after referring to several cases and analysing the whole matter.

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Jammu and Kashmir High Court Rules in Favour of Respondents Regarding Jurisdiction of Special Court To Try Cases Pertaining to Offences Investigated By NIA

Excerpt The Petitioner has filed the present petition under Section 407 of Code of Criminal Procedure seeking transfer of challan pending against him from the Special Court (3rd Additional Sessions Judge), Jammu to the Special Court (Additional Sessions Judge, TATA/POTA), Srinagar, for trial. However, the High Court dismissed the petition

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Dismissal of the First Complaint Not To Be a Bar for Filing Of a Second Complaint on the Same Grounds in Exceptional Cases: Jammu and Kashmir High Court

Excerpt The Petitioners have filed the instant petition to invoke the inherent jurisdiction for quashing proceedings initiated against them upon a complaint titled “Manzoor Ahmad Bhat v. Tahira and others” along with impugned order dated 13.11.2019. The Petitioners urged that since the Respondent’s initial complaint was dismissed, the cognizance of

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Jammu and Kashmir High Court Sets Aside the Arbitral Award Containing Decisions on Matters Not Falling Within the Terms of Submission To Arbitration

Excerpt The Petitioner, M/s K.B. Construction Company filed the present petition under Section 34 of the Jammu & Kashmir Arbitration and Conciliation Act, 1997, for setting aside the award passed by the arbitrator. The High Court set aside the said award by holding that the arbitral award containing decisions on

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J&K High Court Ruling on Trial Court Having Full Power To Order Further Investigation on Account of Previous Investigation Being Defective

Excerpt The Petitioner filed the present petition against the order passed by the learned Court of Special Judge, Anti-corruption, Srinagar, directing the SSP VOK Srinagar (now ACB) to conduct a further investigation on the aspects stated in the order. The   Court, however, dismissed the petition saying that if the

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