New Supreme Court Rules On Communication Of Arrest Grounds Apply Prospectively: HP High Court Dismisses Pleas Challenging Arrest

The Himachal Pradesh High Court dismissed 29 petitions which challenged the legality of arrests on the ground that the police did not furnish written grounds of arrest.The Court remarked that the Supreme Court's directions mandating written communication of grounds of arrest in the judgement of Mihir Rajesh Shah v/s State of Maharashtra apply prospectively and does not invalidate arrests...

Himachal Pradesh High Court Weekly Round-Up: December 8, 2025 To December 14, 2025

Citations: 2025 LiveLaw (HP) 250 to 2025 LiveLaw (HP) 255 Nominal Index: Nanak Chand v/s Madan Lal., 2025 LiveLaw (HP) 250 Sapna Devi v/s State of H.P. and others., 2025 LiveLaw (HP) 251 Atul Sharma v/s Union of India and others., 2025 LiveLaw (HP) 252 Controller of Stores, Northern Railway v/s M/s CBM Industries Pvt. Ltd. and Anr., 2025 LiveLaw...

Himachal Pradesh High Court Weekly Round-Up: December 1, 2025 To December 7, 2025

Citations: 2025 LiveLaw (HP) 246 to 2025 LiveLaw (HP) 249 Nominal Index: Prem Chand Verma v/s State of Himachal Pradesh and another, 2025 LiveLaw (HP) 246 Veeku v/s State of H.P. and others.,2025 LiveLaw (HP) 247 Raj Industries v/s Himachal Pradesh State Electricity Board & others, 2025 LiveLaw (HP) 248 Seema Sharma v/s Dr. Y.S. Parmar University of Horticulture...

Reservation Must Be Claimed At Time Of Submitting Application, Not Retrospectively: Himachal Pradesh High Court

The Himachal Pradesh High Court held that a candidate who chooses not to apply under the reserved category cannot later claim the benefit of reservation after failing in the selection process.Justice Ranjan Sharma remarked that: “…once the petitioner has chosen not to avail benefit of reservation available as OBC candidate, then, after participation and having remained unsuccessful,...

Section 92 CPC Broadly Worded, Allows Inquiry Into Trust Property Alienation: Himachal Pradesh High Court

The Himachal Pradesh High Court has observed that Section 92(1)(h) of the Code of Civil Procedure is “very widely worded”, empowering courts to grant such further or other relief as the nature of the case may require.The Court further remarked that Section 92(1)(h) is broad and allows “further or other relief” necessary for trust administration, including examining alienation of...

Filing Entrepreneur Memorandum Not Mandatory Under MSME Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that filing an Entrepreneur Memorandum is not a mandatory requirement for micro and small enterprises under the Micro, Small and Medium Enterprises Development Act, 2006.The Court remarked that micro and small enterprises are not bound to file the Entrepreneur Memorandum within 180 days of commencement of the MSMED Act, as the filing was voluntary,...

Himachal Pradesh High Court Upholds Six-Month Extension Granted To Chief Secretary Prabodh Saxena

The Himachal Pradesh High Court has upheld a six-month extension of service granted to the Chief Secretary Prabodh Saxena, and held that its role is not to substitute its own view for that of the Government. The Court reiterated that as Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 permits such extension and due process was followed, there was no ground...

"Treatment By 'Tantriks' Is Not A Valid Excuse For Prolonged Absence From Training As Constable": HP High Court

The Himachal Pradesh High Court has held that the 'treatment from Tantriks' could not be accepted as a valid or permissible ground to justify a trainee's prolonged absence from training as a constable.The Court further noted that the record clearly revealed no admissible medical evidence, and her conduct was incorrigible. Justice Ranjan Sharma remarked that: “Records reveal that the...

CCS (Conduct) Rules | Judicial Officers To Take Approval Before Entering Into High-Value Transactions Involving Movable Property: HP High Court

The Himachal Pradesh High Court has issued an order to the Judicial officers regarding obtaining prior approval of the Court, before entering into transactions regarding movable property.The Court remarked that: “It may be ensured that no such transaction is entered into unless the requisite permission has been secured in advance”.Background:The Court received references/reports and...

Himachal Pradesh High Court Flags Gaps In Agriculturist Certificate Process, Directs State To Revise 2010 Instructions

The Himachal Pradesh High Court has found an “apparent lacunae” in the procedure of issuance of Himachali agriculturist certificates and directed the State government to revamp instructions of March18, 2010 governing verification of agricultural land and eligibility for agriculturist status.The Court remarked that the forms used for issuing certificates required only a declaration that...

Court Cannot Assess Veracity Of Local Commissioner's Report While Deciding Amendment Application: HP High Court

The Himachal Pradesh High Court has held that while deciding an application under Order 6 Rule 17 CPC, the Appellate Court cannot question the veracity of the Local Commissioner's report, as examining its veracity lies within the domain of the parties and must be tested through evidence.The Court further remarked that allowing an amendment does not amount to accepting it; the respondent...

University Cannot Reject Candidate's Degree For Recruitment After Accepting Him For PhD Based On Same Qualification: HP High Court

The Himachal Pradesh High Court held that a university can't apply inconsistent standards by treating a candidate's Master's degree as an eligible subject for PhD admission but ignoring the same qualification during selection for the post of Assistant Professor.Justice Sandeep Sharma remarked that: “...respondents are estopped from adopting different yardsticks while considering M.Sc....