Himachal Pradesh High Court
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...
Fairly Determined Compensation For Land Acquisition Must Also Be Given To Land Owners Who Didn't Approach Court: HP High Court
The Himachal Pradesh High Court has held that once a fair rate of compensation for land acquisition has been decided, its benefit must be extended to all landowners affected by the same acquisition.The Court held that denying such benefits to some landowners merely because they did not approach the court amounts to discrimination.Rejecting the State's reasoning, the Justice Ajay Mohan...
Prisoners Should Be Allowed To Solve Family's Problems, Maintain Link With Society: HP High Court Grants Parole
The Himachal Pradesh High Court has held that maintaining family and social ties is important for prisoners, and that parole should be allowed to them to attend to their personal and family responsibilities.Justice Virender Singh held that “Mere registration of the FIR cannot be made basis to decline parole to the petitioner, as, the prisoners should be allowed to maintain their family...
Mere Recovery Of Money From Accused Does Not Amount To Bribery In Absence Of Demand: HP High Court
The Himachal Pradesh High Court has upheld the acquittal of a Forest Officer who was accused of demanding and accepting a Rs 3000 bribe.The Court held that mere possession of tainted currency notes cannot constitute bribery unless there is proof of demand and voluntary acceptance of illegal gratification.After going through the evidence, Justice Sushil Kukreja noted that: “In the absence...
Supreme Court Collegium Recommends Appointment Of Two Lawyers As Judges Of Himachal Pradesh High Court
The Supreme Court Collegium on Monday (September 15) recommended the appointment of two advocates as judges of the Himachal Pradesh High Court. The statement issued by the Collegium states:"The Supreme Court Collegium in its meeting held on 15 th September, 2025 has approved the proposal for appointment of the following Advocates as Judges of the High Court of Himachal Pradesh: (i) Shri...
Himachal Pradesh High Court Weekly Round-Up: September 08 To September 14, 2025
Citations 2025 LiveLaw (HP) 150 to 2025 LiveLaw (HP) 155Union of India v/s Mahanti Devi and another, State of H.P. v/s Mahanti Devi and another.,2025 LiveLaw (HP) 150Khelo Ram V/s State of H.P., 2025 LiveLaw (HP) 151Sanjay K. Maanav v/s State of Himachal Pradesh.,2025 LiveLaw (HP) 152Tulsi Ram v/s Mustaq Qureshi.,2025 LiveLaw (HP) 153Savita v/s State of H.P. & Ors.,2025 LiveLaw (HP)...
Promotion Can't Be Denied When Criminal Case Is Pending Without Chargesheet Being Framed: HP High Court
The Himachal Pradesh High Court has held that pendency of a criminal case, where no charge sheet has been filed, cannot be a ground to deny promotion to an employee exonerated of all charges in the departmental inquiry.Justice Sandeep Sharma noted that: “Admittedly no charge sheet has been served upon the petitioner. Though the Magistrate concerned is well within his/her right to order...
Closure Of Partnership Activities Till Dissolution Of Firm Cannot Be Granted As Interim Relief U/S 9 Of A&C Act: HP High Court
The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has observed that an interim relief petition under Section 9, Arbitration and Conciliation Act, 1996 (“ACA”) claiming closure of business and manufacturing activities of the partnership business cannot be granted when the principal dispute pertains to the business activities of that partnership. Granting such a...
Old Shimla Losing Its Charm Due To Vehicles Blocking Pedestrian Paths, Garbage On Roads: Himachal Pradesh High Court
The Himachal Pradesh High Court has directed the Senior Superintendent of Police, Shimla District and Home Secretary to file a status report and give details of all the roads that have been sealed in the city by the authorities to aid pedestrian movement.A division bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma observed that: “Two wheelers are parked on the road, as...
12-Year Limitation Rule Applies To Execution Petitions U/S 174 Of Motor Vehicles Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has clarified that execution petitions filed by insurance companies under Section 174 of the Motor Vehicles Act, 1988 for recovery of compensation, are subject to the twelve years limitation period under the Limitation Act, 1963.It held that even though the Motor Vehicles Act does not provide a specific limitation clause, the general limitation law cannot...