Dismissal Of Border Police Constable For Absence Due To Illness Is “Harsh & Unjustified”: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the dismissal of an Indo-Tibetan Border Police constable for alleged desertion was arbitrary and disproportionate, particularly when his absence was due to medical reasons and he had served the force with an unblemished record for over 18 years.Justice Sandeep Sharma remarked that: “The petitioner had rendered over 18 years of unblemished...

Himachal Pradesh High Court Seeks Response On Plea Alleging Construction Of Illegal Road Over Natural Water Channel

The Himachal Pradesh High Court has sought a response from the state authorities on a petition alleging the construction of an illegal road over a natural water channel.Justice Jyotsna Rewal Dua issued notice to Himachal Pradesh State Authorities including Deputy Commissioner, Kangra and listed the matter for November 4.Retired Lt. Col. Sandesh Kumar, a resident of Village Jalera in...

Himachal Pradesh High Court Declines Anticipatory Bail To Woman Accused Of Confining, Beating Scheduled Caste Boy For Touching Her House

The Himachal Pradesh High Court has denied anticipatory bail to a woman who was accused of confining and beating the deceased child because he belonged to a schedule caste and had touched her house. She also allegedly demanded a sacrificial goat for purification of her house.The Court noted that such conduct of the accused was clearly motivated by caste-based discrimination.Justice...

Right To Worship At Temple Cannot Be Curtailed; State Must Balance Faith And Public Order: HP High Court

The Himachal Pradesh High Court has held that prohibiting entire communities from worshipping at their deity's temple violates their constitutional right to freedom of religion under Articles 25 and 26.The Court stated that such rights can only be restricted on grounds of public order, morality, or health, and that too through reasonable and proportionate measures.The Court remarked...

MV Act | Registered Owner Liable In Accident Cases Until Legal Transfer Of Vehicle Is Completed: HP High Court

The Himachal Pradesh High Court held that a registered vehicle owner remains legally liable for an accident until ownership is formally transferred under Section 50 of the Motor Vehicles Act, 1988, even if a sale agreement had been executed prior to the accident.The Court reiterated that: “Section 50 of the Motor Vehicles Act provides that where ownership of any motor vehicle registered...

Himachal Pradesh High Court Quarterly Digest: July To September 2025

Citations: 2025 LiveLaw (HP) 75 to 2025 LiveLaw (HP) 180 NOMINAL INDEX:Bharti Rathore v/s State of HP & others., 2025 LiveLaw (HP) 75Monika v/s State of HP & others., 2025 LiveLaw (HP) 76Biogenetic Drugs (P) Ltd. & another v/s State of H.P. & Ors., 2025 LiveLaw (HP) 77Devi Dass v/s M/s Ginni Global Pvt. Ltd. & another., 2025 LiveLaw (HP) 78Surinder Chauhan v/s Jai...

Appropriation Of Temple Donations Betrays Devotees' Trust: Himachal Pradesh High Court

“Every rupee of temple funds must be used for the temple's religious purpose or dharmic charity… It cannot be treated like general revenue for the State or general public exchequer… nor diverted to any welfare schemes of the Government,” the court said.

Himachal Pradesh High Court Monthly Digest: September 2025

Citations: 2025 LiveLaw (HP) 143 to 2025 LiveLaw (HP) 180NOMINAL INDEX:Adil V/s State of H.P.,2025 LiveLaw (HP) 143Manish Dharmaik V/s State of H.P. & Ors.,2025 LiveLaw (HP) 144Nathu v/s National Thermal Power Corporation (NTPC) & others.,2025 LiveLaw (HP) 145Raj Kumar & another V/s State of H.P. & Ors.,2025 LiveLaw (HP) 146Zydus Wellness Products Ltd. v/s Karnal Foods...

HP Excise Act | Suspension Of License For Illegal Liquor Possession Can Be Lifted After Penalty Is Paid: High Court

The Himachal Pradesh High Court has held that under Section 66(2) of the Excise Act, if a licence is cancelled or suspended for breach of licence conditions or non-payment of fees, the suspension can later be revoked after the penalty has been paid.Division bench of Justice Vivek Singh Thakur and Justice Sushil Kukreja remarked that: “...in case of cancellation or suspension of licence...

Not Filing Prescribed Affidavit As Per Conduct Of Election Rules Makes Election Petition Non-Maintainable: HP High Court

The Himachal Pradesh High Court held that an election petition filed with allegations of corrupt practice has to be accompanied by a mandatory affidavit in Form 25, as required under Rule 94-A of the Conduct of Election Rules, 1961.Justice Ajay Mohan Goel Held that:“...though in the election petition there are allegations of corrupt practice, yet the election petitioner has not filed...

Active Progress Of Housing Project Within Permitted Time Is Sufficient Compliance Under Tenancy & Land Reform Act: HP High Court

The Himachal Pradesh High Court has held that when permission is granted under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, the law only requires the land to be put to use for the intended purpose within the prescribed time, and not for the entire project to be completed.The Court remarked that the “Legislature deliberately used the phrase “put to use” instead...

Delay In Deciding Appeal Against Suspension Of Elected Representatives Defeats Justice: HP High Court

The Himachal Pradesh High Court held that delays in deciding appeals against the suspension of elected representatives defeat the purpose of justice.The Court further observed that “a growing pattern of suspending elected Pradhans across different parts of the State towards the end of their tenure and noted it to be and raised concerns about it”Justice Ajay Mohan Goel remarked that “It...