Himachal Pradesh High Court
Himachal Pradesh High Court Weekly Round-Up: October 5, 2025 To October 12, 2025
Nominal Index:United India Insurance Company Ltd. V/s Jamna Devi & others.,2025 LiveLaw (HP) 184Sudershan & others v/s Divisional Commissioner, Shimla & others., 2025 LiveLaw (HP) 185Sandeep Kumar V/s State of Himachal Pradesh., 2025 LiveLaw (HP) 186Prem Mohini Gupta v/s Sumitra (Deceased through LRs).,2025 LiveLaw (HP) 187Amar Kaur and other v/s Sh. Rishib Kumar., 2025 LiveLaw...
Identification Of Driver Beyond Reasonable Doubt Is Essential For Conviction In Road Accident Cases: HP High Court
The Himachal Pradesh High Court has held that conviction in a road accident case cannot be sustained unless the prosecution establishes beyond a reasonable doubt that the accused was the driver of the vehicle.Justice Rakesh Kainthla observed that: “Both the learned Courts below failed to appreciate that the identity of the accused and the car were not established”.In December 2024,...
Birth Of Daughter From Another Woman Proves Husband's Illicit Relationship; Wife Justified In Living Separately: HP High Court
The Himachal Pradesh High Court has held that the birth of a daughter from another woman clearly depicts that the husband had a relationship with her while still being married to his first wife. The Court held that this conduct compelled the wife to live separately, and therefore, she could not be accused of desertion.Justice Vivek Singh Thakur remarked that: “Birth of a daughter......
Strangers Can Be Proceeded Against For Breach Of Injunction Under Order 39 Rule 2A CPC: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the scope of Order 39 Rule 2-A of the Code of Civil Procedure,1908, which lays down consequences for disobeying an injunction or breaching the terms, is not confined to the parties in the suit. The provision applies to any person who has violated the order of the court.Justice Ajay Mohan Goel remarked that: "In case of disobedience or breach of...
Translated Versions Of Already Exhibited Documents Do Not Constitute Additional Evidence: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that translated versions of already exhibited documents are not additional evidence and the courts must prioritize justice over procedural technicalities.Justice Ajay Mohan Goel remarked that: “...by no stretch of imagination it was an application to lead additional evidence. Interest of justice would have been served had the learned Appellate...
Mere Agreement To Sell With Option To Lease Does Not End Landlord-Tenant Relationship: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that when an agreement to sell has the option to either sell or lease the property, the landlord tenant relationship continues to exist.The Court clarified that according to Section 54 of the Transfer of Property Act, 1882 “Agreement to Sell does not create any title in favour of the purchaser as it is only an Agreement to Sell but not sale or...
HP High Court Grants Bail To Man Accused Of Accidentally Shooting Another Person, Believing Him To Be A Wild Animal
The Himachal Pradesh High Court has granted bail to the prime co-accused in the accidental shooting of another person, believing him to be a wild animal, and reiterated that the same amounts to death caused by negligence under Section 106 of the Bhartiya Nyaya Sanhita and not the offence of murder under Section 103 BNS.Justice Rakesh Kainthla remarked that: “…they did not intend to cause...
Mere Payment Of Rent By Partnership Firm Does Not Confer Tenancy Rights: HP High Court
The Himachal Pradesh High Court has held that when the tenancy is in the name of an individual, mere payment of rent by a partnership firm does not confer tenancy rights in its favour unless there is a valid tenancy in the name of the firm.Justice Ajay Mohan Goel remarked that: “Maybe even if some payments were made by some partnership firm, this does not mean that the said partnership...
Insurance Company Cannot Use Hidden Or Undisclosed Clauses To Deny Compensation: Himachal Pradesh High Court
The Himachal Pradesh High Court held that an insurance company cannot rely on clauses to deny compensation which was not revealed to the insured at the time of signing the agreement.Emphasizing on the principle of good faith, the court remarked that it was the duty of the insurance company to inform the insured about all clauses. Applying the Doctrine of Blue Pencil (which strikes off...
Himachal Pradesh High Court Weekly Round-Up: September 29 To October 4, 2025
Citations: 2025 LiveLaw (HP) 176 to 2025 LiveLaw (HP) 183Nominal Index:State of H.P. v/s Chander Sharma & Others., 2025 LiveLaw (HP) 176Subash Kumar & others v/s State of Himachal Pradesh .,2025 LiveLaw (HP) 177Ashok Kumar v/s Dusha Kapil & another.,2025 LiveLaw (HP) 178Smt. Asha Rani V/s State of H.P. & Others.,2025 LiveLaw (HP) 179State of H.P. v/s Rajesh Kumar.,2025...
Father Cannot Seek Refund Of Excess Maintenance Paid To Children After They Attain Majority: HP High Court
The Himachal Pradesh High Court has held that a father cannot seek a refund of maintenance paid to his children after they attain majority, as he has a moral duty to support them for their education.Justice Vivek Singh Thakur and Justice Sushil Kukreja remarked that: “...being a father, even if, he has no legal duty, but has a moral obligation and duty as a father to ensure maintenance to...
Post-Graduation Diploma Not Equivalent To Post-Graduate Degree For Purpose Of Promotion: Himachal Pradesh High Court
The Himachal Pradesh High Court held that a postgraduate diploma cannot be treated as equivalent to a postgraduate degree for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999. A Division Bench of Justice Vivek Singh Thakur & Justice Sushil Kukreja noted that: “There is no reference of Post Graduation Diploma in the...