Centre Notifies Appointment Of Justice MS Ramachandra Rao As Chief Justice Of Himachal Pradesh High Court

The Centre today notified the appointment of Justice MS Ramachandra Rao as the Chief Justice of the Himachal Pradesh High Court. He currently serves as a Judge of the Punjab and Haryana High Court.In April this year, the Supreme Court collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul, K M Joseph, M R Shah and Ajay Rastogi proposed the appointment of Justice M S Ramachandra Rao As Chief Justice Of Himachal Pradesh High Court.

Substandard Drugs Manufacturing: Himachal Pradesh High Court Seeks Status On Testing Labs

The Himachal Pradesh High Court on Wednesday issued notices to the Central and State governments on the issue of manufacturing of substandard and spurious drugs in the State.A Division Bench comprising Acting Chief Justice Tarlok Singh Chauhan and Justice Virender Singh was dealing with a petition filed by the NGO People for Responsible Governance pointing to the absence of adequate drug testing laboratories in Himachal Pradesh which in turn has led to the sale of inferior and counterfeit...

FIR Registered After Recovery Made From Public Servant On Spot, No Prior Sanction U/S 17A Prevention Of Corruption Act: HP High Court

The Himachal Pradesh High Court has ruled that Section 17A of the Prevention of Corruption Act mandates the need for prior government approval for any inquiry or investigation against a public servant in cases where the alleged offence is related to an official "decision".FIR registered after on spot recovery following investigation based on source report of public with general allegations...

Himachal Pradesh High Court Weekly Roundup: May 8 - May 14, 2023

Nominal Index:Principal Secretary PWD Vs Mehr Chand 2023 LiveLaw (HP) 31Reta Ram Vs Land Acquisition Collector 2023 LiveLaw (HP) 32Vikas @Vicky Vs State of Himachal Pradesh 2023 LiveLaw (HP) 33Jawahar Lal (deceased) through LRs v. State of H.P. & Ors 2023 LiveLaw (HP) 34Rakesh Kumar Kashyap Vs State Bank of India 2023 LiveLaw (HP) 35Judgements/Orders: Land Acquisition Act | Market...

Mere Depiction Of Secured Property As Agricultural Land In Revenue Records Won't Exclude It From Purview Of SARFAESI Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently reiterated that the mere depiction of a secured property as agricultural land in revenue records does not qualify for Section 31(i) of the SARFAESI Act. For the provision to apply, the property must have been genuinely utilized as agricultural land at the time of establishing the security interest, it clarified. Section 31(i) of the SARFAESI Act...

Himachal Pradesh High Court Orders State To Refund "Excess Payment" Deducted From Class-III Employee's Retiral Benefits

Observing that recovery of payments made in excess by employers is impermissible in law in certain situations, the Himachal Pradesh High Court granted relief to State Education Department's retired employee whose General Provident Fund (GPF) amount to the extent of Rs. 1.3 lakh was withheld.Justice Jytosna Rewal Dua noted that the petitioner had retired from the position of a...

Himachal Pradesh High Court Issues Notice In BJP MLAs Plea Challenging Appointment Of Dy. CM, Chief Parliamentary Secretaries

The Himachal Pradesh High Court on Thursday issued notices to the six Chief Parliamentary Secretaries (CPS), including the Deputy Chief Minister seeking their replies in a plea filed by 12 BJP MLAs challenging the appointment of the Deputy Chief Minister in the state.Issuing notices, the division bench of Acting Chief Justice Tarlok Singh Chauhan and Justice Virender Singh listed the matter...

Can Rigour On Bail U/S 37 NDPS Act Have Same Efficacy Throughout Trial, Notwithstanding Period Of Custody? Himachal Pradesh High Court Asks

The Himachal Pradesh High Court has reiterated that the Constitutional guarantee of expeditious trial cannot be diluted by applying the rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act in perpetuity. Justice Satyen Vaidya was hearing a plea in terms of which the petitioner, an accused in an FIR registered under Sections 20 and 29 of NDPS Act, had prayed for grant...

S.64 Right To Fair Compensation Act: HP High Court Rules Collector Bound To Refer Objections Against Land Acquisition Award To Appropriate Authority

The Himachal Pradesh High Court has ruled that in terms of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector has a duty to refer the objections raised against land acquisition award to the appropriate authority."The provision of Section 64 of 2013, Act does not leave any discretion with the...

Land Acquisition Act | Market Value Assessment Should Be Avoided On Post-Notification Exemplar Sales: Himachal Pradesh High Court

The Himachal Pradesh High Court on Tuesday while hearing a series of appeals filed under Section 54 of the Land Acquisition Act observed that assessment of market value should be avoided on exemplar sale transactions that have taken place after issuance of notification under Section 4 (Publication of preliminary notification) of the Land Acquisition Act.Justice Satyen Vaidya was hearing...

Himachal Pradesh High Court Weekly Roundup [April 17 - April 23, 2023]

Nominal Index:Graviss Foods Private Limited vs. M/s Ice Cream Garden & Anr 2023 LiveLaw (HP) 26Santosh Nanta Vs State of H.P. & Ors 2023 LiveLaw (HP) 27Ramesh Chand Verma Vs H.P. Agro Industries Corporation Ltd. and others 2023 LiveLaw (HP) 28Dr Umesh Kumar Vs State of Himachal Pradesh 2023 LiveLaw (HP) 29 Kiran Vs State of Himachal Pradesh 2023 LiveLaw (HP)...

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail.Justice Satyen Vaidya made these observations on the principles of bail...