Witness Statements Made From Documents Supplied By Police Can't Be Relied Upon For Conviction: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a witness's statement made only after seeing documents shown by the police can't be relied upon to uphold a conviction.Justice Rakesh Kainthla: “The statement of this witness shows that he did not remember the details of the documents, and he made the statement after seeing the documents brought by the police, which means that he was making...

Himachal Pradesh High Court Half Yearly Digest: January-June 2025

Citations 2025 LiveLaw (HP) 1 to 2025 LiveLaw (HP) 74NOMINAL INDEX: The Executive Engineer, I & PH Division, Bilaspur Versus Ramesh Khaneja, 2025 LiveLaw (HP) 1The Chief General Manager H.P. Telecom Circle & ors. Versus Sh. Kashmir Singh (Government Contractor), 2025 LiveLaw (HP) 2Som Dutt & Ors., V/s State of H.P. & Anr, 2025 LiveLaw (HP) 3X vs. State of Himachal Pradesh...

S.138 NI Act | When No Evidence Is Led To Prove Proprietorship, Complainant Can't Be Treated As Payee: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when a complainant fails to prove proprietorship of a sole proprietorship concern, they can't be treated as the payee or holder in due course under Section 138 of the Negotiable Instruments Act. It held that a mere authority letter issued after the complaint was filed does not constitute sufficient proof of authorisation.Justice Rakesh...

Local Commissioner Can't Be Appointed To Collect Fresh Evidence At Appellate Stage: Himachal Pradesh High Court

The Himachal Pradesh High Court held that under Order 26 Rule 9 of the Code of Civil Procedure, a Local Commissioner can't be appointed at the appellate stage merely to help a party gather fresh evidence which it failed to produce or challenge during the trial.Justice Vivek Singh Thakur: “By appointing a Local Commissioner under Order 26 Rule 9 CPC, the Court is not to be used as a...

'Adverse Possession Is A Heritable Right': Himachal Pradesh High Court Upholds Widow's Claim After Husband's Death

The Himachal Pradesh High Court has upheld a wife's claim of adverse possession after her husband's death, holding that she is entitled to have her name recorded in the revenue records.Justice Vivek Singh Thakur: “Entries in revenue record reflect that unauthorized possession was very much in the knowledge of State since 1963 and for completion of 30 years of adverse possession without...

Himachal Pradesh High Court Restrains Sale Of "Old Mist" Coffee-Flavoured Rum In Trademark Infringement Suit By "Old Monk" Brand Owners

The Himachal Pradesh High Court has granted an ex parte ad interim injunction in favour of Mohan Meakin Limited, the owner of Old Monk/Old Monk Coffee. The Court restrained Eston Roman Brewery & Distillery Pvt. Ltd from selling its coffee-flavoured rum under the mark “OLD MIST ”, till further orders, finding that the product was substantially similar to the plaintiff's...

Procedural Lapses By Revenue Authorities Can't Defeat Substantive Rights Under Himachal Pradesh Nautor Rules: High Court

The Himachal Pradesh High Court has held that procedural lapses by the revenue authority cannot defeat substantive rights vested in a party.The court opined that due to procedural lapses of the revenue authorities in updating records, the petitioner, an Ex-army man, could not be denied his right over a forest land, allotted to him under the Himachal Pradesh Nautor Land Rules, 1968.Justice...

State Cannot Transfer Police Officers Without Recommendation By Police Establishment Committee: Himachal Pradesh High Court

Reinforcing statutory safeguards for police transfers, the Himachal Pradesh High Court quashed the transfer of a Sub-Divisional Police Officer, holding that such transfers must be made on recommendations of the police establishment committee and the State Government can't bypass this mandatory procedure.The court said that transfers shall be in accordance with Sections 12 and 56 of the...

Himachal Pradesh High Court Monthly Digest: June 2025

Citations 2025 LiveLaw (HP) 44 to 2025 LiveLaw (HP) 74NOMINAL INDEX: Dharam Chand v/s State of H.P. 2025 LiveLaw (HP) 44Smt. Anita v/s State of H.P. & Ors. 2025 LiveLaw (HP) 45Indira Daroch v/s State of H.P. & Ors. 2025 LiveLaw (HP) 46Dinesh Negi v/s Sahil Sood2025 LiveLaw (HP) 47Neena Singh Thakur v/s Pr. Commissioner of Income Tax & Anr. 2025 LiveLaw (HP) 48Yash Pal Thakur...

[Road Accident] “High Speed” Is A Relative Term, Accused Can't Be Held Guilty Solely Based On Speed: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that stating that a vehicle was being driven at “high speed” is not enough, by itself, to prove rashness or negligence. Speed is a relative term and must be explained with reference to the facts and circumstances of each case.Justice Rakesh Kainthla: “Thus, the accused cannot be held liable based on high speed alone without any further evidence...

HP HC Dismisses Plea Challenging Rules Of Judicial Promotion Exam, Says Judicial Officers Should've Known Consequences Of Participating Without Protest

The Himachal Pradesh High Court has held that once Judicial officers had participated in a departmental exam for promotion, they were estopped from challenging the rules if they had accepted them when they chose to appear for the exam without any protest.Justice Vivek Singh Thakur & Justice Sandeep Sharma held: “Petitioners are estopped by their act and conduct from assailing the...

Himachal Pradesh High Court Weekly Round-Up: June 30 To July 6, 2025

Citation No: 2025 LiveLaw (HP) 73 to 2025 LiveLaw (HP) 80 Nominal Index: Surinder Kumar v/s central Sanskrit University., 2025 LiveLaw (HP) 73 Liyakat Ali v/s State of HP., 2025 LiveLaw (HP) 74 Bharti Rathore v/s State of HP & others., 2025 LiveLaw (HP) 75 Monika v/s State of HP & others., 2025 LiveLaw (HP) 76 Biogenetic Drugs (P) Ltd. & another v/s State...