Section 97 of JKRA : Section 97: Power To Construe Laws

Explanation using Example

Imagine a company based in the newly formed Union territory of Ladakh is facing legal issues regarding a contract that was established before the reorganisation of Jammu and Kashmir. The contract refers to laws that were applicable to the former state of Jammu and Kashmir. Since the contract was made before the appointed day of reorganisation, and there might not be sufficient provision under section 96 for the adaptation of this law, the court in Ladakh is faced with a challenge in applying the existing law to this new context. Notwithstanding this challenge, the court is empowered by Section 97 to interpret and apply the pre-existing law in a manner that is necessary or proper for resolving the case at hand, as long as the substance of the law is not affected. This ensures that the company's case can be adjudicated fairly, despite the changes in territorial jurisdiction and applicable laws.