J&K&L High Court Weekly Roundup December 19 To December 25, 2022

J&K&L High Court Weekly Roundup December 19 To December 25, 2022Nominal Index :Case Title: Bajaj Allianz General Insurance Co. Ltd Vs Gulshan Kumar and Ors 2022 LiveLaw (JKL) 253Case Title : Akona Engineering Private Ltd Vs Pal Construction and another 2022 LiveLaw (JKL) 254Case Title : Royal Singh Vs UT of J&K 2022 LiveLaw (JKL) 255Case Title : Abdul Aziz Bhat Vs Mohammad Iqbal Bhat & Ors 2022 LiveLaw (JKL) 256Case Title: Mohammad Ayoub Dar Vs State of J&K 2022 LiveLaw (JKL) 257Case Title : Bindu Singh Jamwal Vs UT of J&K & Ors 2022 LiveLaw (JKL) 258Case Title : M/s S. S. Industries, Shanker Colony, Gangayal Vs UT of J&K and Ors2022 LiveLaw (JKL) 259Case Title : Kanwarjit Singh Vs UT of J&K & Ors 2022 LiveLaw (JKL) 260Case Title : National Investigation Agency Through Its Chief Investigating Officer, Jammu Vs 3rd Additional Sessions Judge District Court Jammu 2022 LiveLaw (JKL) 261Case Title : Yang Burz Home vs UT of J&K and Ors 2022 LiveLaw (JKL) 262Case Title: Khalida Salman Vs Sahil Ahmad Dar 2022 LiveLaw (JKL) 263Case Title: Life Insurance Corporation Of India & Anr Vs Hamida Bano & Anr.2022 LiveLaw (JKL) 264Judgements/Orders :Compensation For "No Fault Liability" U/S 140 MV Act Is Adjustable In Claims Of Compensation For Fault Liability: JKL High CourtCase Title: Bajaj Allianz General Insurance Co. Ltd Vs Gulshan Kumar and Ors.Citation: 2022 LiveLaw (JKL) 253The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that compensation paid under the "No Fault liability" provision is adjustable in the compensation claimed for fault liability under Section 166 of the Motor Vehicles Act, 1988.Nonetheless, the bench clarified that any compensation made under the No-Fault liability provision is adjustable in the compensation claimed fault liability under section 166 of the Motor Vehicles Act, 1988.State Consumer Commission Not Empowered To Exercise Powers Of Review And Set Aside An Ex-Parte Order: JKL HC ReiteratesCase Title : Akona Engineering Private Ltd Vs Pal Construction and another.Citation : 2022 LiveLaw (JKL) 254The Jammu and Kashmir and Ladakh High Court recently reiterated that State Consumer Commissions and District Consumer Forums are not empowered to exercise powers of review and set aside ex parte orders unless a statute empowers them for the same.District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High CourtCase Title : Royal Singh Vs UT of J&KCitation : 2022 LiveLaw (JKL) 255The Jammu and Kashmir and Ladakh High Court observed that a District Magistrate while passing the order of detention cannot describe the period of detention of the detenue, because it is the Government which after approving the detention provides the period till the detenue would be detained.A bench comprising Justice Wasim Sadiq Nargal observed,"Section 17(1) of J & K Public Safety Act empowers the Government to confirm the detention order and may direct the continuation of the detention of a person concerned for such period as it thinks fit. Section 18 of the J&K Public Safety Act states that the maximum period of detention of the detenue is subject to the confirmation of Advisory Board".Amendments To A Written Statement Can Be Allowed Even If It Amounts To Addition Of New Grounds Of Defence : JKL High CourtCase Title : Abdul Aziz Bhat Vs Mohammad Iqbal Bhat & Ors.Citation : 2022 LiveLaw (JKL) 256The Jammu and Kashmir and Ladakh High Court ruled that while allowing amendment of a written statement the general principle is that the amendment should be allowed even if it amounts to addition of new grounds of defense, substituting or altering a defence or taking inconsistent pleas in the written statement.A bench comprising Justice Sanjay Dhar however made it clear that "the same principle cannot be applied while considering an application for amendment of a plaint as the same stands on a different footing. Adding, altering or substituting a new cause of action in the plaint is certainly objectionable".NIA Act | Scheduled UAPA Offences Can Be Probed By Investigating Agency Of State Govt: JKL High CourtCase Title: Mohammad Ayoub Dar Vs State of J&KCitation: 2022 LiveLaw (JKL) 257The Jammu and Kashmir and Ladakh High Court ruled that the provisions of the National Investigation Act (NIA Act) Act do not prohibit the investigation of the Scheduled offences which include the offences under the ULA(P) Act, by Local Investigating Agencies.Justice Sanjay Dhar observed,"It only provides that when a Scheduled offence is investigated by a local investigating agency, the same has to be tried by a Special Court constituted under Section 22 of the Act".Writ Jurisdiction Cannot Override Efficacious Statutory Dispensation: JKL High CourtCase Title : Bindu Singh Jamwal Vs UT of J&K & Ors.Citation : 2022 LiveLaw (JKL) 258The Jammu and Kashmir and Ladakh High Court reiterated that where statutory remedy is created by law, the writ petition should not be entertained ignoring the ...

J&K&L High Court Weekly Roundup December 19 To December 25, 2022

Basit Amin Makhdoomi

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