Pensioners Eligible For Reemployment Under Punjab Police Rules Even After Seeking Voluntary Retirement: HP High Court

The Himachal Pradesh High Court directed the state to reconsider the application of a retired Assistant Sub-Inspector, holding that pensioners after voluntary retirement are eligible for reemployment under Rule 12.25 of the Punjab Police Rules.Rejecting the contention of the State, Justice Sandeep Sharma clarified that “…a person concerned can seek re-enrolment in three situations;...

Family Pension Of Deceased Employee Can Be Shared Equally Between First & Second Wife On Basis Of Voluntary Compromise: HP HC

A Division bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that family pension of a deceased employee can be equally shared between the first and second wife through a voluntary and free-will compromise. Background Facts Late Sohan Lal retired as an Assistant Sub-Inspector from the Police Department. He passed away...

Testator Executing Will In Favour Of Persons Taking Care Of His Household Is Not Unnatural: Himachal Pradesh High Court

The Himachal Pradesh High Court held that the execution of a will in favour of family members who had been caring for the testator and his household could not be termed unnatural.Justice Satyen Vaidya remarked that: “… the execution of Will by Anokhi Ram in favour of persons, who were taking care of the entire family and in whom he had reasons to establish trust cannot be said to...

HP High Court Allows Plea For Second Wife To Be Included In Govt Employee's Pension Record After First Wife's Death

The Himachal Pradesh High Court held that the second wife of a retired government employee cannot be denied pension after the death of the first wife, even if the marriage was technically invalid under Section 5 of the Hindu Marriage Act.The Court relied on the Supreme Court's judgement in Shriramabai v. Captain Record Officer, 2023, which held that “if a man and woman cohabited...

Accidentally Shooting Another Person Believing Him To Be Wild Animal Amounts To Negligence, Not Murder: HP High Court

The Himachal Pradesh High Court held that an accidental shooting of a person, believing him to be a wild animal, 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 the death of Som Dutt and cannot be prima facie held liable for...

Himachal Pradesh High Court Weekly Round-Up: September 15 To September 21, 2025

Citations 2025 LiveLaw (HP) 156 to 2025 LiveLaw (HP) 166 Nominal Index:Datta Ram and others v/s United India Insurance Company Limited.,2025 LiveLaw (HP) 156Nitin Gupta v Arrpit Aggarwal.,2025 LiveLaw (HP) 157Bir Singh v/s State of H.P. & Ors.,2025 LiveLaw (HP) 158State of H.P. v/s Hari Saran.,2025 LiveLaw (HP) 159Sachin Kumar v/s State of H.P. & Ors..,2025 LiveLaw (HP) 160Vishwa...

Himachal Pradesh High Court Monthly Digest: August 2025

Citations 2025 LiveLaw (HP) 108 to 2025 LiveLaw (HP) 142NOMINAL INDEX:Mahesh Thakur v/s State of H.P. & Ors., 2025 LiveLaw (HP) 108Sanjay Kumar v/s State of H.P. & Others.,2025 LiveLaw (HP) 109United India Insurance Company v/s Sita Devi & Others., United India Insurance Company v/s Joginder Singh & Others.,2025 LiveLaw (HP) 110Archana Sharma v/s State of H.P. &...

Teaching Certificate Issued By School Principal Cannot Be Ignored Merely Because Appointment Was Without State's Permission: HP High Court

The Himachal Pradesh High Court has held that teaching experience certificates issued by Principals of Government Schools cannot be ignored merely on technical grounds, such as the appointment being made on Parent Teacher Association basis without government permission.Justice Sandeep Sharma noted that “Important factor was possession of teaching certificate, if any, of Government/...

Mere Foreign Nationality Of Accused Cannot Be Grounds To Deny Bail Under NDPS Act: HP High Court

The Himachal Pradesh High Court has held that the mere foreign nationality of an individual cannot be a ground to deny bail under the Narcotic Drugs and Psychotropic Substances Act, 1985.Justice Ranjan Sharma remarked that: “…this Court cannot make a distinction for granting or denying bail, merely on the ground of being a citizen or non-citizen coupled with the fact that the authenticity...

Benefit Of Probation Can't Be Given To Those Guilty Of Causing Death By Rash Or Negligent Driving: HP High Court

The Himachal Pradesh High Court has held that the benefit of the Probation of Offenders Act, 1958, cannot be granted to a person convicted of causing death by rash and negligent driving under Section 304A of the Indian Penal Code.Justice Virender Singh noted that “…..it has constantly been held by the Hon'ble Supreme Court that the benefit of the provisions of Probation of Offenders...

Court Cannot Shy Away From Duty To Decide Case On Merits Until Formal Dismissal Order Is Passed: HP High Court

The Himachal Pradesh High Court has held that a plaintiff has the right to continue a suit until a formal judicial order of withdrawal is passed. It further remarked that merely filing an application or making a statement about compromise and withdrawal does not, by itself, amount to dismissal of the case.Rejecting the Trial Court's reasoning, Justice Ajay Mohan Goel observed that: “The...

Mere Usage Of Term “High Speed” By Witness Is Insufficient To Establish Rash Or Negligent Driving: HP High Court

The Himachal Pradesh High Court has held that a mere statement by a witness that the accused was driving the vehicle at 'high speed' is not sufficient to establish negligence.Justice Rakesh Kainthla held that: "Thus, the accused cannot be held liable based on the statement of a witness that he was driving the vehicle at a high speed, and the prosecution has to establish specific negligence of...