Himachal Pradesh High Court
Himachal Pradesh High Court Issues Notice To Kangana Ranaut On Plea Challenging Her Lok Sabha Election From Mandi
On Wednesday, the Himachal Pradesh High Court issued a notice to Actress Kangana Ranaut on a petition challenging her election as a Member of Parliament from the Mandi Lok Sabha seat. A bench of Justice Jyotsna Rewal Dua issued the notice to Ranaut, directing her to respond to the petition by August 21. Laik Ram Negi has filed this election petition claiming that the Returning...
Divorced Wife Not Disentitled To Maintenance On Grounds That She Is Living In Adultery: Himachal Pradesh High Court
The Himachal Pradesh High Court has observed that a divorced wife is not automatically disqualified from receiving maintenance solely on the grounds of living in adultery. A bench of Justice Rakesh Kainthla observed this while dismissing a plea moved by a man challenging an order passed by the Additional Chief Judicial Magistrate in Shimla to issue a warrant for the attachment...
Himachal Pradesh High Court Denies ₹280 Crore Refund To Adani Power In Hydro-Electric Projects Dispute
The Himachal Pradesh High Court has set aside its previous order directing the State to refund over ₹280 crore to Adani Power Limited in a Hydro-Electric Projects Dispute concluding that the financial arrangements made by Brakel Corporation with Adani Power were not approved by the State, violating the tender conditions and the Hydro Power Policy.Overturning the previous order, the court...
Touching Female Students Inappropriately On Back & Neck, Making Comments About Their Dress Will Attract S. 7 POCSO Act: HP High Court
The Himachal Pradesh High Court has observed that a teacher's inappropriate physical contact with female students, along with comments about their attire, would constitute an offence under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act 2012, which punishes acts of 'Sexual assault'. A bench of Justice Rakesh Kainthla noted that the physical contact made by...
Right To Be Forgotten | Upholding Acquittal Of POCSO Act Accused, HP High Court Directs Masking Of Names Of Parties In Digital Records
Upholding the acquittal of a rape accused under the POCSO Act and emphasizing the right to be forgotten post-acquittal, the Himachal Pradesh High Court recently instructed its registry to mask the names of both the accused and the victim from its digital records. A bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja emphasized that the right to privacy, encompassing...
Himachal Pradesh High Court Weekly Roundup: July 8 - July 14, 2024
Nominal Index [Citations 28-36]:Hoshyar Singh Chambyal and Ors. v. Hon'ble Speaker and Ors 2024 LiveLaw (HP) 28Tahseen Gul Vs State of Himachal Pradesh 2024 LiveLaw (HP) 29M/s AMN Life Pvt. Ltd. Versus Union of India & others 2024 LiveLaw (HP) 30Ultra Tech Cement Ltd. Versus UOI 2024 LiveLaw (HP) 31J.B.J. Perfumes Private Limited Versus Principal Commissioner of Income Tax and another...
'Continuous' 7-Yrs Practice As Advocate Not Required For District Judge Appointment: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that continuous practice as an advocate for seven years is not required for appointment as an Additional District and Sessions Judge under Article 233(2) of the Indian Constitution.Delivering the judgment, the court said:“Article 233(2) of the Constitution of India does not require continuous practice for seven years as an Advocate; it merely...
"Terrifying, Perverse Order": Himachal Pradesh HC Raps Trial Judge For Ordering Coercive Action Against Judgement Debtor Without Prior Notice
The Himachal Pradesh High Court recently issued a stern rebuke to a Senior Civil Judge for issuing an execution order without following mandatory legal procedures and directing coercive measures against the judgment debtor without issuing a prior notice.Justice Tarlok Singh Chauhan, addressing the petitioner's grievance and expressing his disapproval of the order, stated, “It is not...
Callous Attitude Of Arbitrator: Himachal Pradesh High Court Criticizes Arbitrator For Not Completing Arbitral Proceedings Within Prescribed Time
The Himachal Pradesh High Court bench of Justice Bipin Chander Negi onus is upon the arbitrator to perform the task entrusted to them within the time schedule prescribed in Section 29A of the Arbitration and Conciliation Act, 1996. The bench noted that criticized an arbitrator appointed by Central Government under the National Highways Act for his callous attitude. The court noted...
Live-Streaming Of Police Actions Would Not Constitute Obstruction In Discharge Of Public Function: Himachal Pradesh High Court
Underscoring that live-streaming police actions cannot be considered an obstruction of duty the Himachal Pradesh High Court has ruled that“Mere protest or use of intemperate language, without any overt act, would not amount to the criminal offence of obstructing an official in the discharge of public functions.”A bench comprising Justice Sandeep Sharma while deciding the matter...
Assessment Re-Opened By Dept. Based On 'Change Of Opinion'; Himachal Pradesh High Court Quashes Reassessment
The Himachal High Court quashed the reassessment order on the grounds that the assessment was re-opened by the department based on 'change of opinion'.The bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja has observed that as per the record the objections were raised only by the Audit Party and, therefore, reasons have been recorded on borrowed satisfaction of the Audit Party...
Himachal Pradesh High Court Quashes Order Rejecting Ultra Tech's Claim For Grant Of Budgetary Support Scheme
The Himachal Pradesh High Court has quashed the order rejecting Ultra Tech's claim for the grant of budgetary support.The bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya has observed that the budgetary support scheme is governed by principles of natural justice, and one such principle is the necessity of providing an opportunity of hearing to the party who would suffer...