Section 99 of The Jammu and Kashmir Reorganisation Act, 2019 in hindi
Where, immediately before the appointed day, the existing State of Jammu and Kashmir is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment among the successor Union territories under this Act, the Union territory of Jammu and Kashmir or the Union territory of Ladakh which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing State of Jammu and Kashmir or added as a party to those proceedings, and the proceedings may continue accordingly.
Summary
- Section 99 ensures that ongoing legal cases involving the old State of Jammu and Kashmir are not derailed by the reorganisation.
- If a legal proceeding involves property, rights, or liabilities that are subject to apportionment, or division, the Union territory that inherits the specific asset or liability takes over the case.
- The relevant new Union territory is legally substituted or added as a party to the lawsuit, allowing the proceedings to continue normally.
Practical examples
FAQ
1. Under Section 99 of the Jammu and Kashmir Reorganisation Act 2019, what happens to ongoing legal cases involving the old state?
Section 99 of the Act states that the successor Union territory which acquires the specific property, rights, or liabilities involved in the case will be substituted or added as a party to the proceedings.
2. According to Section 99 of the Jammu and Kashmir Reorganisation Act 2019, do pending lawsuits have to be restarted from the beginning?
No, Section 99 of the Act ensures that once the proper Union territory is substituted as a party, the legal proceedings may continue accordingly.
3. How does Section 99 of the Jammu and Kashmir Reorganisation Act 2019 decide which new territory joins a lawsuit?
Section 99 of the Act dictates that the Union territory of Jammu and Kashmir or the Union territory of Ladakh is added based on which one succeeds to or acquires a share in the property, rights, or liabilities being disputed.
Test yourself
Q1.Under Section 99 of The Jammu and Kashmir Reorganisation Act, 2019, what happens to a lawsuit regarding a state liability that existed immediately before the appointed day?
Q2.According to Section 99 of The Jammu and Kashmir Reorganisation Act, 2019, which of the following is subject to apportionment that would trigger a territory being substituted in a lawsuit?
Q3.Based on Section 99 of The Jammu and Kashmir Reorganisation Act, 2019, what is the fate of the proceedings once the new Union territory is substituted?
Q4.Under Section 99 of The Jammu and Kashmir Reorganisation Act, 2019, who is being removed or replaced as a party in these specific legal proceedings?