State Election Commission Cannot Act Unilaterally When Polls Are Deferred Under Disaster Management Act; HP High Court

The Himachal Pradesh High Court has held that the Election Commission cannot act unilaterally when elections are deferred under the powers exercised by the State Government under the Disaster Management Act, 2005. Thus, the Court quashed the final notification constituting Nagar Panchayat Swarghat and directed reconsideration of objections raised by affected residents through a reasoned and lawful process.A Division Bench of Justice Vivek Singh Thakur and Justice Romesh Verma remarked that: “A...

HP Rent Control Act | Wife Alone Succeeds Tenancy If Alive At Tenant's Death; No Further Devolution Permitted: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that upon the death of the original tenant, the right to succeed to the tenancy under the H.P. Urban Rent Control Act is strictly governed by the statutory order of succession. The Court remarked that since the wife was alive and residing with her husband at the time of his death, she alone became the lawful successor to the tenancy and, as per Explanation-II to Section 2(j) of the H.P. Urban Rent Control Act, the right did not devolve upon any other...

Revenue Entries Do Not Confer Title; Mere Presence Of Name In Record Creates No Legal Right: HP High Court

The Himachal Pradesh High Court held that the mere name of a person in the revenue record does not confer ownership or create any enforceable right in respect of immovable property.The Court further remarked that revenue entries are maintained for fiscal purposes and cannot be treated as proof of title. Justice Virender Singh remarked that: “Merely name of defendant No.1 appeared in the revenue record is of no value as the revenue record is not the proof of title.” The plaintiff filed a...

Arbitration Clause Cannot Be Invoked Once Loan Contract Is Exhausted: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a civil suit seeking damages for harassment and mental agony on account of non-issuance of a No Objection Certificate could not be linked to the original loan agreement once the loan was fully repaid. The Court remarked that the loan contract had been exhausted upon complete repayment of the loan amount, and therefore, the subsequent claim for...

Home Guards Can't Register Welfare Association Under Societies Act For Service-Related Grievances: HP High Court

The Himachal Pradesh High Court has clarified that there is a distinction between an association formed by employees or volunteers to collectively raise their grievances and a society capable of registration under the Himachal Pradesh Societies Registration Act, 2006. The Court remarked that while such groups are often described as “societies,” they do not automatically qualify as...

Himachal Pradesh High Court Quashes ₹16.72 Lakh GST Input Tax Credit Demand After Tax Is Paid

The Himachal Pradesh High Court has quashed a tax demand of Rs 16.72 lakh raised against Shivalik Containers Pvt. Ltd. for the alleged wrongful availment of Input Tax Credit (ITC).The court held that the subsequent payment of tax along with interest by the supplier cannot be ignored while examining the sustainability of a demand raised against the recipient, even if such compliance takes...

Father Need Not Prove Financial Dependency To Claim Compensation As Legal Representative Under MV Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the Motor Accident Claims Tribunal can't deny compensation to the father of the deceased on the ground that he was not financially dependent on his son.The Court further clarified that a father, being a legal representative, is entitled to compensation and estate of the decased, irrespective of dependency. Even when dependency is not proved...

Plea Of Delay U/S 29A A&C Act Cannot Be Used Selectively By NHAI When Extensions Granted In Similar Land Acquisition Cases: HP High Court

The Himachal Pradesh High Court held that the National Highway Authority of India could not be permitted to raise the plea of delay and laches to defeat continuation of arbitral proceedings when extensions had already been granted and proceedings concluded in the cases of other similarly placed landowners. The court remarked that, having participated in the proceedings for almost nine years,...

Ad-Hoc Promotion Beyond Prescribed Quota Confers No Right To Seniority Or Service Benefits: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a writ petition, holding that when ad-hoc promotion is clearly beyond the 15% quota and therefore not in accordance with the Recruitment and Promotion Rules no consequential service benefits can be given. Justice Ranjan Sharma remarked that: “Once the adhoc promotion given to the petitioner was beyond or in excess of 15% quota… therefore, the...

Postal Dept Cannot Deny Pension To Temporary Employee After Decades Of Service For Want Of Formal Regularisation: HP High Court

The Himachal Pradesh High Court held that a temporary employee of the Postal Department, who had rendered more than two decades of continuous service after the grant of temporary status, could not be denied pensionary benefits merely because a formal order of regularisation was not issued before his retirement. The Court remarked that Union of India could not take advantage of their own...

Himachal Pradesh High Court Weekly Round-Up: December 28, 2025 To January 4, 2026

Citations:2025 LiveLaw (HP) 260 to 2025 LiveLaw (HP) 269 Nominal Index: M/s Tania International Company v/s State of H.P. and others.,2025 LiveLaw (HP) 260 Urmila Devi v/s State of H.P. and others.,2025 LiveLaw (HP) 261 Faqeer Chand v/s High Court of Himachal Pradesh.,2025 LiveLaw (HP) 262 Indian Institute of Technology, Mandi (Kamand), H.P. Versus Central...

Punjab Excise Act | Half-Filled, Unsealed Liquor Bottles Cast Serious Doubt: Himachal Pradesh High Court Upholds Acquittal

The Himachal Pradesh High Court dismissed the State's appeal, which challenged the acquittal of an accused for the commission of an offence punishable under Section 61(1)(a) of the Punjab Excise Act (unlawfully possess any intoxicant (like liquor or drugs) or materials/apparatus for making them).The Court held that serious lapses in sealing, production, and identification of the seized...