Jammu and Kashmir and Ladakh High Court Weekly Round-Up April 15 - April 21, 2024

Ashwani Kumar Vs Union of India 2024 LiveLaw (JKL) 85

Maruti Suzuki India Ltd. Vs Ramesh Chander Sharma and anr 2024 LiveLaw (JKL) 86

Kamal Nain Singh Vs State Of J&K 2024 LiveLaw (JKL) 87

Building Operation Controlling Authority Vs S. Gurmeet Singh 2024 LiveLaw (JKL) 88

Judgments/Orders:

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings

Case Title: Ashwani Kumar Vs Union of India

Citation: 2024 LiveLaw (JKL) 85

The Jammu and Kashmir and Ladakh High Court quashed the dismissal order of a Sashastra Seema Bal (SSB) trooper citing perversity in the enquiry findings.

Justice Sanjay Dhar, in his judgment held that the Enquiry Officer had failed to consider crucial evidence submitted by the petitioner regarding his illness.

Manufacturing Defect From Day One Entitles Customer To New Car, Not Repairs: Jammu & Kashmir High Court

Case Title: Maruti Suzuki India Ltd. Vs Ramesh Chander Sharma and anr.

Citation: 2024 LiveLaw (JKL) 86

The Jammu and Kashmir and Ladakh High Court ruled that a customer is entitled to replacement of vehicle if the car suffers from a manufacturing defect from the very beginning.

Highlighting the distinction between repair for wear-and-tear issues and replacements for inherent manufacturing flaws Justices Sanjeev Kumar and Puneet Gupta observed,

“Repairs may be called for if the vehicles purchased during the course of its use suffers from a technical defect and not where the vehicle has manufacturing defect”.

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Case Title: Kamal Nain Singh Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 87

The Jammu and Kashmir and Ladakh High Court clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure (CrPC), which deals with inquiries and investigations into complaints.

S.15 BOCA Act | Orders Passed By Authority Are Final, Can't Be Questioned In Any Suit, Application Or Execution Proceedings: J&K High Court

Case Title: Building Operation Controlling Authority Vs S. Gurmeet Singh.

Citation: 2024 LiveLaw (JKL) 88

Dismissing a petition challenging an order passed by the J&K Special Tribunal, Jammu, the Jammu and Kashmir and Ladakh High Court emphasised the Tribunal's final authority in matters under the Control of Building Operations Act, 1988 and the limited scope of the High Court's writ jurisdiction in disputes involving questions of fact.