Himachal Pradesh High Court
Retired Class-IV Employee Not Expected To Understand Terms Like 'Acquiescence' Or 'Delay': HP High Court Quashes Pension Rejection Order
The Himachal Pradesh High Court has quashed the pension rejection order of a daily wage beldar worker, holding that pension cannot be denied on the ground that of delay in filing claim as a class IV cannot be expected to understand technical legal concepts like acquiescence or laches, and pension is a recurring right that cannot be defeated by delay.Rejecting the State's contention,...
Married Daughter Can't Be Excluded From Family For Purpose Of Compassionate Appointment: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a married daughter cannot be excluded from the definition of “family” for the purpose of compassionate appointment, and family income has to be calculated including them as well.Quoting Rakesh Kumar V/s State of H.P., 2022, Justice Jyotsna Rewal Dua Noted that: “Simply because the daughter is married, this does not means that she loses...
Pension Is Not A Perpetual Income, Cannot Override Bonafide Need Of Premises By Landlord's Family: HP High Court
The Himachal Pradesh High Court has held that pension income cannot substitute a landlord's bona fide requirement for premises to settle his son in business.Justice Vivek Singh Thakur remarked that: “Income of pension is also not a perpetual income and after death of landlord, his family members including his younger son shall not be entitled for any pension”.The Landlord filed an...
Keeping Unlicensed Medicines On Clinic Rack Amounts To “Offer For Sale”, Violates S.27 Of Drugs & Cosmetics Act: HP High Court
The Himachal Pradesh High Court has held that stocking allopathic medicines without a valid license and keeping them on the racks of the clinic amounted to an “offer for sale” under the Drugs and Cosmetics Act and violates section 27 of the Drugs and Cosmetics Act, which prescribes punishment for selling drugs without a valid license.Rejecting the contention of the accused that...
Human Teeth Are Not A 'Deadly Weapon' Under Section 324 IPC: Himachal Pradesh High Court
The Himachal Pradesh High Court has partly allowed a revision petition, holding that human teeth are not considered as a “deadly weapon” under Section 324 of the Indian Penal Code, which prescribes punishment for voluntarily causing hurt by dangerous weapons.Justice Rakesh Kainthla stated: “………injury caused by teeth does not fall within the purview of Section 324 of the IPC ....
Himachal Pradesh High Court Sets Up Chief Justice's Disaster Relief Fund After Cloudbursts, Landslides In Region
The Himachal Pradesh High Court has set up a disaster relief fund for the damage caused by heavy rains, cloudbursts, and landslides across Himachal Pradesh. “This is not just a request, it is a call of conscience. Let us open our hearts and extend our helping hands to those who are struggling to rebuild their lives. Every single contribution, small or large, will be a step towards...
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...