Jammu & Kashmir HC

Joint petition not maintainable for different cheque bounce issues

Naseer Ahmad Sheikh Vs Mohammad Sultan Bhat (Jammu & Kashmir High Court)

Petitioner filed instant petition under Section 482 of Cr. P. C challenging four complaints filed by respondent against him alleging commission of offences under Section 138 of Negotiable Instruments Act. These four complaints pertain to four different cheques....

Arbitral award could be set aside if Terms and Conditions of Contract has not been followed: JK High Court

Union of India Vs D. Khosla and Company (Jammu and Kashmir High Court)

rbitral award was set aside partially by the Hon’ble High court on the basis that the arbitrator has clearly exceeded his jurisdiction and has awarded most of the items of claims by either ignoring the terms and conditions of the contract or acting in derogation therefrom....

Validity of an order has to be adjudged on the basis of reasoning contained therein

Lupin Ltd Vs Union of India (Jammu & Kashmir High Court)

Lupin Ltd Vs Union of India (Jammu & Kashmir High Court) Initially, the petitioner was declared to be eligible for exemption/budgetary support till 05.02.2023 but after the subsequent investigation, in view of the order dated 26.07.2021, the petitioner’s unit was found eligible for such benefit only upto 06.11.2017. Therefore, the c...

Dishonor of cheque due to difference in signature covered u/s. 138 of NI Act

Mohammad Shafi Wani Vs Noor Mohammad Khan (Jammu & Kashmir High Court)

Held that provisions contained in Section 138 of the NI Act is to be interpreted in a liberal manner so as to achieve the object for which the said provision has been enacted. Thus, dishonor of cheque due to difference in signatures is also covered under section 138 of the Negotiable Instruments Act...

Insurer cannot avoid claim based on absence/fake/invalid driving licence

National Insurance Company Limited Vs Mushtaq Ahmad Kutary (Jammu and Kashmir High Court)

Held that absence, fake or invalid driving licence or disqualification of driver to drive, are not in themselves defences available to the insurer against either insured/ third parties, to avoid liability towards insured. Insurer has to prove that insured was guilty of negligence and failed to exercise reasonable care....

NI Act S. 138 Complain not valid if Statutory Notice of Demand Sent on Wrong Address

Engineering Control Vs Banday Infratech Pvt. Ltd (Jammu & Kashmir High Court)

Engineering Control Vs Banday Infratech Pvt. Ltd (Jammu & Kashmir High Court) The only ground urged by the petitioner for challenging the impugned complaint and the order of taking cognizance is that statutory notice of demand has not been served upon him, inasmuch as the address on which the respondent has dispatched the said notice ...

A Person can be prosecuted under both section 420 of IPC & section 138 of NI Act

Fayaz Ahmad Sheikh Vs Mushtaq Ahmad Khan (Jammu & Kashmir High Court)

Held that offences under Section 138 of the NI Act and Section 420 of IPC are distinct from each other because ingredients of the two offences are different. Person can be prosecuted under both the said sections....

Non-filing of Section 8 application under Arbitration Act not amounts to surrendered to jurisdiction of court by petitioner

Anita Mehta Vs Gulkand Hues Private Ltd. (Jammu and Kashmir High Court)

Jammu & Kashmir HC clarifies non-filing of Section 8 application doesn't waive arbitration rights. Anita Mehta seeks arbitrator appointment....

No refund in absence of unjust enrichment

Commissioner of CGST Vs Narbada Industries (Jammu and Kashmir High Court)

Commissioner of CGST Vs Narbada Industries (Jammu & Kashmir High Court) That no refund can be ordered against a party, if that party has not been unjustly enriched or when it has acquired the benefit lawfully. Since the assessee have got the benefit of refund lawfully under the prevailing law, they cannot be directed to […]...

Dishonor of Cheque for Incomplete/Wrong Signature/Stop Payment Instruction is offence

Parvaiz Ahmad Bhat Vs Fida Mohamamd Ayoub (Jammu and Kashmir High Court)

Parvaiz Ahmad Bhat Vs Fida Mohamamd Ayoub (Jammu and Kashmir High Court) The question whether stop payment instructions, which result in dishonor of a cheque, would amount to an offence under Section 138 of the NIA Act, was considered by the Supreme Court in M. M. T. C. Ltd. Vs. M/S Medchl Chemicals, (2001) 1 […]...

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