Jammu and Kashmir and Ladakh High Court Weekly Round-Up August 19 - August 25, 2024

GURMEET SINGH & ORS Vs DALGIT SINGH & OTHERS 2024 LiveLaw (JKL) 237

Ishfaq Ahmad Tramboo Vs UT of J&K 2024 LiveLaw (JKL) 238

Aabid Nazir Zargar Vs Mehrajudin Kakroo 2024 LiveLaw (JKL) 239

Ashok Kumar Vs UT of J&K 2024 LiveLaw (JKL) 240

M/S Cube Construction Engineering Vs UT of J&K 2024 LiveLaw (JKL) 241

Ghulam Hassan Khanyari Vs Riyaz Ahmad Bhat 2024 LiveLaw (JKL) 242

Hamid Mohd. Vs UT of J&K 2024 LiveLaw (JKL) 243

Judgments/Orders:

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court

Case Title: GURMEET SINGH & ORS Vs DALGIT SINGH & OTHERS

Citation: 2024 LiveLaw (JKL) 237

The High Court of Jammu & Kashmir and Ladakh at Srinagar underscored the importance of "due diligence" in determining the admissibility of amendment applications filed after the commencement of a trial.

A bench of Justice Sanjay Dhar emphasized that while the power to allow amendments is broad, it is subject to the condition that the applicant demonstrates sufficient diligence in raising the matter before the trial commences.

Motor Vehicles Act Does Not Mandate Re-Registration Fee: J&K High Court Quashes 9% Tax Demand On Vehicle from Haryana

Case Title: Ishfaq Ahmad Tramboo Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 238

The High Court of Jammu and Kashmir and Ladakh clarified that once a motor vehicle is registered upon payment of the prescribed fee under the Central Motor Vehicles Act, 1988, such registration is valid throughout India, and there is no provision for re-registration or the imposition of additional fees upon re-registration.

Rights Of Parties While Filing Suit Must Adapt To Significant Changes Which Occur During Litigation: Jammu & Kashmir High Court

Case Title: Aabid Nazir Zargar Vs Mehrajudin Kakroo

Citation: 2024 LiveLaw (JKL) 239

The Jammu & Kashmir and Ladakh High Court ruled that while the rights of parties are generally determined by the circumstances existing at the time of filing a suit, courts must also consider significant changes that occur during the litigation process to ensure just and equitable outcomes.

Criminal Justice System Must Not Be A Casualty Of Compromise: J&K High Court Flags Routine Quashing Of FIRs Based On Settlement Between Parties

Case Title: Ashok Kumar Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 240

Emphasising the critical role of the criminal justice system in upholding societal order the Jammu and Kashmir and Ladakh High Court has ruled that criminal cases should not be routinely dismissed merely on the basis of mutual settlements between parties, as this could potentially lead to the erosion of the justice system.

Admin Must Justify Execution Of Work Contract Without Necessary Sanction, Contractor Not Responsible For Verifying Approval: J&K High Court

Case Title: M/S Cube Construction Engineering Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 241

The High Court of Jammu and Kashmir and Ladakh reiterated that it is not the contractor's responsibility to verify whether administrative approvals, technical sanctions, and other formalities are completed before undertaking any work.

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains

Case Title: Ghulam Hassan Khanyari Vs Riyaz Ahmad Bhat

Citation: 2024 LiveLaw (JKL) 242

Highlighting a crucial distinction in the legal process regarding amendments to pleadings the Jammu and Kashmir and Ladakh High Court clarified that the consideration for the amendment of a Plaint and a Written Statement stands on different footings.

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court

Case Title: Hamid Mohd. Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 243

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court underscored that the J&K Public Safety Act, 1978 (PSA), cannot be wielded as a shortcut by preventive detention authorities to bypass the due process established under the Code of Criminal Procedure, 1973 (CrPC).