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Jammu and Kashmir and Ladakh High Court Weekly Round-Up August 19 - August 25, 2024
LIVELAW NEWS NETWORK
26 Aug 2024 5:30 PM IST
Nominal Index:GURMEET SINGH & ORS Vs DALGIT SINGH & OTHERS 2024 LiveLaw (JKL) 237Ishfaq Ahmad Tramboo Vs UT of J&K 2024 LiveLaw (JKL) 238Aabid Nazir Zargar Vs Mehrajudin Kakroo 2024 LiveLaw (JKL) 239Ashok Kumar Vs UT of J&K 2024 LiveLaw (JKL) 240M/S Cube Construction Engineering Vs UT of J&K 2024 LiveLaw (JKL) 241Ghulam Hassan Khanyari Vs Riyaz Ahmad Bhat 2024 LiveLaw...
Nominal Index:
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:
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.
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.
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.
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.
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.
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.
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).