Rising KashmirRising KashmirRising Kashmir
  • Home
  • Top Stories
  • News
    • Kashmir
    • City
    • Jammu
    • Politics
  • Health
  • Anchor
  • Features
  • Interview
  • Video
Search

Archives

  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Anchor
  • Breaking
  • Business
  • City
  • Developing Story
  • Editorial
  • Education
  • Features
  • Health
  • Interview
  • Jammu
  • Jammu and Kashmir News
  • Kashmir
  • Kashmir Tourism
  • Kath Bath
  • National
  • Opinion
  • Politics
  • Sports
  • Technology
  • Top Stories
  • Trending
  • Uncategorized
  • Video
  • Viewpoint
  • World
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Reading: JKCA Amenable to Writ Jurisdiction on disputes under private law: HC
Share
Notification Show More
Font ResizerAa
Rising KashmirRising Kashmir
Font ResizerAa
  • Home
  • Top Stories
  • News
  • Health
  • Anchor
  • Features
  • Interview
  • Video
Search
  • Home
  • Top Stories
  • News
    • Kashmir
    • City
    • Jammu
    • Politics
  • Health
  • Anchor
  • Features
  • Interview
  • Video
Follow US
© 2024. All Rights Reserved.
Rising Kashmir > Blog > Top Stories > JKCA Amenable to Writ Jurisdiction on disputes under private law: HC
Top Stories

JKCA Amenable to Writ Jurisdiction on disputes under private law: HC

Syed Rukaya
Last updated: January 3, 2023 12:47 am
Syed Rukaya
Published: January 3, 2023
Share
4 Min Read
SHARE
Srinagar, Jan 02 : The High Court of Jammu & Kashmir and Ladakh has held that J&K Cricket Association (JKCA) is amenable to writ jurisdiction of the Court in matters that fall within the ambit of public law acts, but no mandamus can be issued against JKCA in respect of the acts which fall in the sphere of private law.
 
The court noted that while a private body like JKCA would be amenable to writ jurisdiction of the High Court under Article 226 of the Constitution but the judicial review of its actions by the High Court would be confined to only those actions which have the element of public duty and its actions which have the character of private law rights are not amenable to the writ jurisdiction of the High Court.
 
The single bench of Justice Sanjay Dhar passed the rulings in a plea filed by M/S Aisha Constructions seeking release of withheld liability to the tune of Rs.6.00 crores in its favour for the construction works executed by the petitioner towards JKCA.
 
While denying its liability to pay any amount to the petitioner, the counsel representing the JKCA contended that JKCA is a “society” and not a “State” within the meaning of Article 12 of the Constitution of India, as such, the writ petition against it is “not maintainable.”
 
The counsel submitted that even if a writ petition would lie against JKCA, but no mandamus can be issued against it for enforcement of private law rights.
 
Justice Dhar while upholding the objection to the maintainability of the writ petition raised by the respondents, held that the petition is “not maintainable.”
 
“Therefore, without commenting upon the merits of the case and without commenting on the issue whether the claim of the petitioner is barred by limitation, the instant writ petition is dismissed with liberty to the petitioner to work out its remedy, as may be available to it under law,” the bench said.
 
Dismissing a plea, the bench relied on various judgments including the one delivered by the Coordinate Bench of J&K High Court in the case of Showkat Ahmad Rather & Ors. vs. Government of J&K 
& Ors. wherein it was held that in the absence of violation of statutory provision or breach of public duty by a body or person, writ petition for enforcement of private contract of service is not maintainable.
 
Justice Dhar noted that the petitioner is seeking enforcement of a contractual obligation of JKCA which falls within the realm of private law.
 
“It is not a case where the petitioner is seeking enforcement of any obligation against respondent No.1 which constitutes a public duty or public function of the said respondent, but it is a case where the petitioner is seeking enforcement of a contractual obligation which is purely a private matter between the petitioner and 
respondent No.1 (JKCA),” the court said.
 
Adding, “Therefore, in the light of the law discussed hereinbefore, no mandamus would lie against respondent No.1 to enforce such an obligation.”
 
 
J&K Assembly Elections Phase II: 148 nominations filed by 144 candidates so far
Govt’s zero-tolerance approach to terrorism remains firm: Union Home Secy
4 terrorists behind Gulmarg terror attack: SSP Baramulla
Yoga enthusiasts rejoice as  scenic locations host spectacular Int’l day of Yoga celebrations
Pulwama dist prepares for Ist phase of J&K Assembly polls

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.
By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Share This Article
Facebook Whatsapp Whatsapp Copy Link Print
Previous Article ‘A larger conspiracy against India’: Former J&K deputy CM on Rajouri attacks
Next Article Free distribution of rice, wheat among NFSA beneficiaries
Leave a Comment Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Stay Connected

1MFollowersLike
262kFollowersFollow
InstagramFollow
234kSubscribersSubscribe
Google NewsFollow

Latest News

Water woes spark protest in Ganderbal, locals block highway
Kashmir
May 29, 2025
Islamia College sensitises students on disaster management preparedness
City
May 29, 2025
SKUAST-K launches mega potato seed multiplication programme in Gurez Valley
Kashmir
May 29, 2025
Srinagar boy regains vision after groundbreaking cataract surgery at Dr Agarwals eye-hospital
City
May 29, 2025

Recent Posts

  • Water woes spark protest in Ganderbal, locals block highway
  • Islamia College sensitises students on disaster management preparedness
  • SKUAST-K launches mega potato seed multiplication programme in Gurez Valley
  • Srinagar boy regains vision after groundbreaking cataract surgery at Dr Agarwals eye-hospital
  • Eid-ul-Adha Gift: In a first, SMC to provide free door-to-door hooper service for safe disposal of animal waste

Recent Comments

  1. BASHIR AHMAD BHAT on Poor hotel accommodation, lack of medical facilities irk Kashmiri pilgrims in Saudi Arabia, video goes viral
  2. sree vishnu movies on Pahalgam attack shatters Kashmir’s film tourism revival
  3. SavePlus on AI and Behavioural Analytics in Gaming: Making the World of Gaming Better
  4. Parul on Govt acknowledges faulty streetlights on Narbal-Tangmarg road
  5. dr gora on Women Veterinarians and the Goal of Viksit Bharat

Contact Us

Flat No 7,Press Enclave, Srinagar, 190001
0194 2477887
9971795706
[email protected]
[email protected]

Quick Link

  • E-Paper
  • About Us
  • Contact Us

Top Categories

Stay Connected

1.06MLike
262.5kFollow
InstagramFollow
234.3kSubscribe
WhatsAppFollow
Rising KashmirRising Kashmir
Follow US
© 2025. All Rights Reserved.
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?