Himachal Pradesh High Court
Himachal Pradesh High Court Declares Water Cess Levied By State Government On Hydropower Generation As Unconstitutional
The Himachal Pradesh High Court has declared the levy of water cess by the state government on hydropower generation unconstitutional.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that even the Statement of Objects and Reasons as well as the preamble of the Himachal Pradesh Water Cess on Hydropower Generation Act, 2023, do not lend any guidance to the...
Excise, Revenue And Other Departments Will Not Have Priority Over Secured Creditors: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that departments of the state, including excise and revenue, will not have priority over the secured creditors' debt.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that the dues of the secured creditor, i.e., the appellant bank, will have priority over the dues of the Central Excise Department, as even after the...
Ram Mandir Pran Pratishta : Public Holiday Declared For High Court & District Judiciary Of Himachal Pradesh Tomorrow
The Himachal Pradesh High Court has declared a public holiday for the High Court as well as the District Judiciary in the State of Himachal Pradesh on January 22 (Monday).This is in pursuance of a notification issued by the Himachal Pradesh State Government declaring a public holiday tomorrow in view of the consecration of the Ram Temple at Ayodhya.Several Tribunals across the country, CAT,...
High Court Stays Contempt Proceedings Against HPNLU VC In Student Retest Case
The Himachal Pradesh High Court on Friday stayed contempt proceedings against the Vice Chancellor of Himachal Pradesh National Law University (HP NLU), Dr. Nishtha Jaswal, in a student's re-examination case.A Single judge bench had earlier directed VC Jaswal to consider a student's request to retake a supplementary exam alongside regular third-year exams. When the VC delegated the decision to...
Can't Compromise Fair Investigation To Protect Reputation Of Officers: HP High Court Refuses To Recall Order Removing DGP Sanjay Kundu
The Himachal Pradesh High Court on Tuesday refused to recall its order removing IPS officer Sanjay Kundu from the post of Director General of Police, to prevent any interference with the probe into a businessman's complaint apprehending threat to his life by a former IPS officer and a practising lawyer. The State has posted Kundu as the Principal Secretary of the Ayush Department. He is due...
Himachal Pradesh High Court Issues Contempt Notice To NLU Shimla VC
The Himachal Pradesh High Court has issued a contempt notice to the Vice-Chancellor of National Law University, Shimla for wilful disobedience of its order to address the representation made by one of its students to re-appear and retake the supplementary examination in respect of Economics-II (subject) pertaining to the 2nd Semester in order to clear the backlog paper, at the time of...
Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree
The Himachal Pradesh High Court has ruled that levelling baseless accusations of infidelity against a spouse can be grounds for divorce, even if unintentional.A bench comprising Justices Vivek Singh Thakur and Sandeep Sharma has clarified that cruelty can exist even without deliberate or willful intent and the absence of intention shouldn't negate relief for the aggrieved spouse if the...
Delay In Filing Return Bonafide: Himachal Pradesh High Court Allows Deduction To H.P. Housing & Urban Development Authority
The Himachal Pradesh High Court has allowed the deduction under Section 80IB(10) of the Income Tax Act to the H.P. Housing & Urban Development Authority as the delay in filing the return was bona fide.The bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua has observed that since the entitlement of the assessee to deduction had not been questioned by the department...
Himachal Pradesh High Court Annual Digest 2023 [Citations 1-83]
Nominal Index:Rajinder Kumar Vs Pushpa Devi 2023 LiveLaw (HP) 1Charno Ram vs. Union of India and others 2023 LiveLaw (HP) 2Rohit Chauhan Vs State of Himachal Pradesh 2023 LiveLaw (HP) 3Deep Raj @Neetu Vs State of Himachal Pradesh 2023 LiveLaw (HP) 4Himachal Pradesh Non Gazzetted Employees Vs State of Himachal Pradesh 2022 LiveLaw (HP) 5Court on its own motion v. State of H.P. & Anr...
Giving Birth, Taking Care Of Child Not Only Fundamental Right Of A Woman But Also A Pious Role For Society's Existence: HP High Court
Underscoring the significance of upholding the rights of women during maternity the Himachal Pradesh High Court has observed that "Motherhood is an important and essential duty to be performed by a woman for the existence of the human race on this earth," and stressed the need to provide pregnant women with the necessary support and facilities.A bench of Justice Vivek Singh Thakur...
Convicts Too Must Breathe Fresh Air For At Least Some Time Provided They Maintain Good Conduct: HP High Court On Parole
Underscoring the importance of rehabilitation and societal reintegration for convicts, the Himachal Pradesh High Court has granted parole to a prisoner, emphasizing that even those convicted of serious crimes deserve a chance to breathe fresh air and demonstrate their commitment to reform.In allowing a plea seeking parole Justices Tarlok Singh Chauhan and Bipin Chander Negi...
Section 34 Specific Relief Act Not A Bar to Declaratory Suit Without Consequential Relief: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that Section 34 of the Specific Relief Act, 1963, does not automatically bar a suit for mere declaration of title, even if the plaintiffs could have sought additional consequential relief.A bench of Justice Vivek Singh Thakur observed,“Section 34 of the Act does not mandate that declaratory suit without consequential relief which...