Bureaucrats Must Realise That Benefits Received By Them Are Possible Due To Freedom Fighters: HP High Court On Denial Of Pension To Widow

The Himachal Pradesh High Court dismissed appeals filed by the Union of India and the State of Himachal Pradesh against the widow of a freedom fighter seeking pension.The Court held that despite repeated reminders by the Supreme Court regarding the purpose of Swatantrata Sainik Samman Pension Scheme the state authorities continued to deny pension on untenable grounds. The Court further...

Himachal Pradesh High Court Weekly Round-Up: September 01 To September 07, 2025

Citations 2025 LiveLaw (HP) 143 to 2025 LiveLaw (HP) 149NOMINAL 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...

'Love Letters Sent By Victim To Accused Are 'Pure Reflections' Of Her Feelings': HP High Court Upholds Acquittal In Rape Case

The Himachal Pradesh High Court has dismissed an appeal filed by the State challenging the acquittal of the person who was punished for offences under Sections 504, 506, 376 of the Indian Penal Code, read with Section 3(i)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.The Court held that even though in cases of rape, the evidence by the victim must...

Promotional Benefits Can't Be Denied Post-Retirement If Juniors Were Promoted Earlier: Himachal Pradesh HC

A Division bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that an employee cannot be denied the benefit of promotion and consequential benefits merely on the ground of retirement, if his juniors were promoted and regularized during his service tenure. Background Facts The respondent was working with the H.P....

Pre-Institution Mediation Is Mandatory When Plaint Is Filed U/S 12A Of Commercial Courts Act Unless Genuine Urgency Exists: HP High Court

The Himachal Pradesh High Court held that when a plaint is filed under Section 12A of the Commercial Courts Act, 2015, the plaintiff cannot bypass the mandatory pre-institution mediation unless the relief sought is urgent. The Court remarked that a commercial suit filed without undergoing pre-institution mediation, in cases where no genuine urgency exists, must be rejected under...

HP Co-Operative Societies Rules | Mere Passing Of Election Resolution Not Equivalent To Initiation Of Electoral Process: High Court

The Himachal Pradesh High Court has held that, as per Rule 38 of the HP Co-operative Societies Rules, 1971, the outgoing managing committee of the society is bound to initiate the election process at least 90 days prior to completion of its tenure.The Court clarified that merely passing a resolution does not amount to the initiation of the election process. Justice Ajay Mohan Goel remarked...

Land Acquisition Act | Benefits Under Rehabilitation Scheme Can Be Provided Only If Name Is In Panchayat Register During Acquisition: HP HC

The Himachal Pradesh High Court has dismissed a writ petition, holding that benefits of Rehabilitation and Resettlement Scheme under the Land Acquisition Act cannot be granted when there is no entry in the Panchayat's Parivar register during the time of land acquisition.Justice Ajay Mohan Goel noted that: “One fact which is evident… is that as on the date when the land of the petitioner...

Divisional Commissioner Does Not Have The Power To Review An Already Decided Appeal: HP High Court

The Himachal Pradesh High Court has held that the Divisional Commissioner has no jurisdiction to reopen and rehear an appeal once it has been finally decided.Justice Ajay Mohan Goel remarked that: “There is no power vested in the Divisional Commissioner to suo moto again revive an appeal which has been decided by it earlier in exercise of its quasi-judicial power.”The petitioner, aggrieved...

POCSO Act | Accused Cannot Be Denied Bail Merely Because Victims Were Traumatised: Himachal Pradesh High Court

The Himachal Pradesh High Court has granted bail to four accused in a case under the Protection of Children from Sexual Offences Act, 2012, holding that bail cannot be denied merely on the ground that the victims would be traumatised.Noting the submission of the State, Justice Rakesh Kainthla remarked that: “There is a force in the submission made on behalf of the respondent/State that...

Himachal Pradesh High Court Grants Bail To NDPS Accused In Commercial Quantity Case Over Non-Supply Of Grounds Of Arrest

The Himachal Pradesh High Court granted interim bail in a commercial quantity NDPS case, holding that the grounds of arrest were not supplied to the accused.Justice Rakesh Kainthla held that: “Prima facie, the plea taken by the accused that the grounds of arrest were not communicated to him appears to be correct and is supported by the memo of arrest. No contrary document was filed by the...

Minor Girl's Claim Of Being 18+ Or Aadhar Showing Her As Major Doesn't Help Case Of Accused Booked Under POCSO Act: HP High Court

The Himachal Pradesh High Court recently observed that a minor girl's representation of herself as being above 18 years of age or an Aadhar card entry showing her as a major cannot help an accused facing charges under the POCSO Act. A bench of Justice Rakesh Kainthla thus rejected an accused's regular bail plea, who is facing charges of offences under Sections 363 and 376 of the IPC...

Himachal Pradesh High Court Monthly Digest: July 2025

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 Lal Bragra., 2025 LiveLaw (HP) 79Parneet Kumar v/s State of...