Isolated Sales Invoices Cannot Establish Territorial Jurisdiction In Patent Infringement Suit: HP High Court

The Himachal Pradesh High Court has held that mere production of invoices showing the sale of an allegedly infringing product by a retailer is insufficient to establish territorial jurisdiction in a patent infringement suit unless it is prima facie established that the manufacturer supplied the product to the retailer for sale within the State. The Court observed that four isolated purchases...

Passport Application Cannot Be Rejected On Ground Of Foreign Nationality: HP High Court

The Himachal Pradesh High Court has held that a person born in India between January 26, 1950 and July 1, 1987 is entitled to Indian citizenship by birth under Section 3 of the Citizenship Act, 1955, subject to the statutory exceptions. The Court observed that a passport application cannot be rejected on the ground of foreign nationality when the applicant's birth certificate establishes that...

No Vested Right To Construct Hotel In Shimla's Green Belt Without Municipal Building Permission: HP High Court

The Himachal Pradesh High Court has held that a planning sanction granted by the Town and Country Planning Department does not create any vested right to undertake construction when the mandatory building permission from the Municipal Corporation has not been obtained. The Court observed that once an area is declared a green belt/core area, the restrictions imposed in public interest...

“Possession Of Intermediate Quantity Of Drugs Rule Out Chances Of Being Peddler”: HP High Court Grants Bail To NDPS Accused

The Himachal Pradesh High Court observed that an accused facing multiple NDPS cases involving intermediate quantities of contraband could be granted bail, considering that he was not a drug peddler, and the likelihood of delay in trial. The Court held that, in the peculiar facts of the case, the petitioner deserved an opportunity to reform himself, subject to strict bail conditions.Justice...

“No” Means “No”: HP High Court Denies Anticipatory Bail, Says Mere Relationship Does Not Imply Consent To Sexual Acts

The Himachal Pradesh High Court has observed that being in a relationship does not give a person the licence to engage in sexual acts against their partner's will, remarking that “No” had to mean a “No.” The Court made the observation while denying anticipatory bail to a man accused of sexually assaulting his fiancée in a case where the allegations were prima facie corroborated...

Retention Of 'Istridhan' After Divorce Is Not A Continuing Offence For Limitation Purposes: HP High Court

The Himachal Pradesh High Court has held that the alleged retention of a wife's 'Istridhan' may not constitute a continuing offence once the marriage has been dissolved by a decree of divorce. Distinguishing divorce from judicial separation, the Court observed that the legal relationship between the spouses continues in the latter case but stands severed upon dissolution of marriage,...

Denial Of Study Leave To Staff Nurses For M.Sc. Nursing Course Despite Medical Officers Being Given Leave Is Discriminatory: HP High Court

The Himachal Pradesh High Court has held that denying Staff Nurses study leave to pursue postgraduate courses in Nursing, while allowing Medical Officers to pursue postgraduate studies as in-service candidates, is discriminatory. The Court remarked that if postgraduate qualifications obtained by Medical Officers are considered beneficial to public interest, the same rationale would apply...

Excise Inspection Without Prescribed Police Officer Is Invalid, Distillery's Licences Restored: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the absence of a police officer not below the rank of Deputy Superintendent of Police from an excise inspection team constitutes a material defect, rendering the entire inspection proceedings invalid. The Court quashed the cancellation of licences granted to K.M. Distillery Pvt. Ltd., holding that the mandatory requirements under the Himachal...

HP High Court Refuses To Reject Suit Challenging Cooperative Society Election, Says Defence Cannot Be Considered Under Order VII Rule 11 CPC

The Himachal Pradesh High Court has reiterated that while deciding an application for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, courts must confine their examination to the averments in the plaint and the documents accompanying it, without considering the defence raised by the defendants. Dismissing a petition challenging the rejection of such...

Final Acquittal Obliterating Sole Basis Of Dismissal Entitles Police Officer To Reinstatement: HP High Court

The Himachal Pradesh High Court has held that a police officer dismissed from service solely on the basis of a criminal conviction is entitled to reinstatement after the conviction is set aside and he is acquitted in appeal. The Court observed that once the sole basis for dismissal ceases to exist, the officer's case must be reconsidered in accordance with law.Justice Jyotsna Rewal Dua...

Himachal Pradesh High Court Sets Aside ₹1.65 Crore Electricity Assessment For Lack Of Inspection

The Himachal Pradesh High Court has dismissed a writ petition filed by the Himachal Pradesh State Electricity Board Limited (HPSEBL), upholding the appellate authority's decision to set aside an assessment of ₹1.65 crore imposed on M/s Sunoxx International for alleged unauthorised use of electricity. The Court held that proceedings under Section 126 of the Electricity Act, 2003, could not...

HP High Court Quashes LOC Against British Citizen In Property Dispute, Permits Overseas Travel Subject To Conditions

The Himachal Pradesh High Court has quashed a Look Out Circular (LOC) issued against a British citizen in connection with a property dispute, holding that there was no material to suggest that he had attempted to evade arrest or failed to join the investigation despite coercive measures. Justice Sandeep Sharma held that the LOC was issued merely on the basis of apprehension and in the absence...