Himachal Pradesh High Court Weekly Round-Up: October 20, 2025 To October 26, 2025

Citations: 2025 LiveLaw (HP) 196 to 2025 LiveLaw (HP) 201 Nominal Index: Kashmir Chand Shadyal v/s State of H.P. and others., 2025 LiveLaw (HP) 196 Kamli and others v/s Boby Chauhan & others., 2025 LiveLaw (HP) 197 Padam Sharma & Ors. v/s State of Himachal Pradesh & Ors.,2025 LiveLaw (HP) 198 Pushpa Devi v/s State of Himachal Pradesh.,2025 LiveLaw...

Deliberate Non-Participation In Arbitral Proceedings Not Grounds To Resist Enforcement Of Award: Madras High Court

The Madras High Court bench of Justice N Anand Venkatesh has observed that when a party purposely fails to avail an opportunity duly accorded by the Arbitral Tribunal to present its case, it cannot later use its own default as a ground to resist enforcement of the resultant award. Facts The Petitioner, M/s Vittera BV (“Vittera”) filed the present petition seeking enforcement...

Threat Of Land Encroachment, Proposed Use For Public Purpose Not Enough To Invoke Urgency Clause U/S 17 Of Land Acquisition Act: Allahabad HC

The Allahabad High Court has held reiterated that mere threat of encroachment and stating that the land is to be used for planned development for public purpose will not justify the invocation of urgency clause under Section 17 of the Land Acquisition Act, 1894 and dispensation of the statutory requirement of calling for, hearing and deciding objections of the landowners.While dealing with...

Executing Court Cannot Rely On Evidence From Separate Proceedings Between Parties Under Different CPC Provision: HP High Court

The Himachal Pradesh High Court has held that an executing court can't rely on evidence led in a separate proceeding under a different provision of the Civil Procedure Code between the parties.The Court remarked that such conduct shows a “complete non-application of judicial mind.”Justice Ajay Mohan Goel remarked that: “there was a complete non-application of judicial mind by the...

Karnataka High Court Queries State On Outstanding Beggary Cess, Says Children Begging On Streets Tells 'Something Is Not Right'

The Karnataka High Court on Monday (October 27) directed the State Government to inform the steps it has taken to recover the outstanding Beggary cess amount, collected by local bodies.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha in its order recorded that the affidavit filed by the the Director of Directorate of Municipal Administration indicates that during last...

Court Can't Deny To Pass Decree Based On Mediation Report After Referring Dispute To Mediation: Orissa High Court

The Orissa High Court has held that after referring a dispute to mediation, the referring Court cannot deny to accept the mediation report nor it can defy its duty to pass a decree basing upon the solution/compromise arrived at in the mediation.Setting aside the order of a Civil Court denying a decree based on mediation report, the Bench of Justice Sashikanta Mishra observed –“As...

Bombay High Court Quashes Murder Conviction Of Woman For Killing Rapist Who Harassed Her To Withdraw Her Complaint

The Bombay High Court recently commuted a woman's conviction to culpable homicide not amounting to murder after she allegedly killed a man who kept harassing her to withdraw her rape compliant against him.A division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande, sitting at the Nagpur seat, quashed and set aside a December 21, 2005 judgment of an Additional Sessions Court in...

Arbitrators Cannot Be Disqualified For Merely Participating In Prior Arbitration Involving Interpretation Of Similar Clause: Delhi High Court

The Delhi High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Act) filed by Steel Authority of India Limited (SAIL) against an arbitral award passed in favor of British Marine PLC.(Respondent). SAIL entered into Contract of Affreightment (COA) with the respondent for transportation of 3 million metric tonnes (±5%) of coking coal over five...

Police Can't Be Disbelieved Merely Because Narcotic Search, Seizure Isn't Videographed: Delhi High Court

The Delhi High Court on Monday ruled that the version of the police cannot be disbelieved merely because the search and seizure of narcotics under the NDPS Act is not videographed or photographed.Justice Ravinder Dudeja said that while use of technology enhances the efficacy and transparency of the police investigation, but it cannot be ignored that the tools for videography or photography...

S.36(1)(vii) Income Tax Act | Closing Individual Debtor Accounts Not Mandatory For Bad Debt Deduction: Kerala High Court

The Kerala High Court stated that closing individual debtor accounts is not mandatory for bad debt deduction under Section 36(1)(vii) of the Income Tax Act, 1961. Section 36(1)(vii) of the Income Tax Act, 1961, deals with the deduction of bad debts. It allows the taxpayer to claim a deduction for bad debts that have been written off in the books of accounts during the previous...

DHCBA President Flags 'Frequent' Transfer Of Judges From Delhi High Court, Calls For Safeguarding Judicial Independence

Delhi High Court Bar Association (DHCBA) President, Senior Advocate N Hariharan on Monday flagged concerns over "frequent" judicial transfers in the recent times, while calling for a need to uphold judicial independence.Hariharan was speaking at the full court ceremony organized to bid farewell to Justice Arun Monga and Justice Tara Vitasta Ganju following their transfer to the Rajasthan...

Customs Housing Agent Can Be Made Liable For Wrongdoings Of Employees, Must Exercise Due Diligence: Delhi High Court

The Delhi High Court has made it clear that a Customs Housing Agent is responsible for the actions of its employees and it must exercise due diligence in supervising their activities.A division bench of Justices Prathiba M. Singh and Shail Jain further held that a CHA may be held accountable for the wrongdoings of its employee but, the punishment in that regard has to be...