Himachal Pradesh High Court
'Meritorious Students Don't Deserve Such Treatment': HP High Court Imposes ₹25K Cost On School Board For Denying Merit Certificate
The Himachal Pradesh High Court has held that it is the duty of the school education board to issue a merit certificate to a candidate after their marks are increased in the revaluation process, and it cannot shift the onus onto the school authorities.Justice Ajay Mohan Goel remarked that:“The petitioner cannot be denied the merit certificate arbitrarily just on the grounds as are propagated...
CCS (Leave) Rules, 1972 | Maternity Leave For Third Child Can't Be Denied If First Two Children Were Born Before Joining Service: HP High Court
The Himachal Pradesh High Court has held that if two children of a government servant were born before joining government service and the third child is born after joining service, maternity leave under Rule 43(1) of the Central Civil Services (Leave) Rules, 1972 can't be denied.Justice Sandeep Sharma remarked that: “petitioner herein had given birth to two children prior to her induction...
Overloading Passenger Vehicle Did Not Lead To Accident, Not A Breach Of Policy: HP High Court Directs Insurance Company To Pay Compensation
The Himachal Pradesh High Court held that overloading of a passenger vehicle is not a violation or fundamental breach of the terms of the insurance policy unless it is related to the cause of the accident.Relying on the decision of Supreme Court in National Insurance Co. Ltd. v. Swaran Singh, 2004 which held that the breach on the part of the insured must show that the accident or damage...
HP Land Revenue Act | Financial Commissioner Can't Interfere With Order Set Aside By District Collector Without Declaring It Illegal: High Court
The Himachal Pradesh High Court has quashed an order passed by the Financial Commissioner, holding that he had exceeded his jurisdiction by relying on irrelevant and non-existent material and by interfering with the Collector's decision without declaring any legal infirmity or perversity.Setting aside the decision of the Financial Commissioner, Justice Satyen Vaidya held that “The...
NDPS Act | Not Permissible To Detain Person On Presumption That Blood Sample May Indicate Presence Of Heroin: HP High Court Grants Bail
The Himachal Pradesh High Court has held that a person cannot be kept in custody merely on the assumption that the blood sample sent to the Forensic Science Laboratory might reveal traces of heroin or that some incriminating substance would be found.Denying the State's submission that blood samples sent by the police to forensics were likely to indicate the presence of heroin, Justice...
Financial Emergency? HP High Court Mulls Observations Against State For Citing Lack Of Funds To Withhold Contractor's Dues
In a significant order passed today, the Himachal Pradesh High Court took serious note of the State Government's justification for withholding a contractor's dues, citing a paucity of funds with the State Exchequer. The Court asked the Deputy Advocate General of the State to have instructions as to why the appropriate observations be not made by the Court on the next hearing in light...
'Took Admission In 3-Yr LLB Course Without Completing Graduation': HP High Court Denies Student's Plea For Enrolment As Advocate
The Himachal Pradesh High Court has held that admission to a three-year LLB course without completion of graduation violates the Legal Education Rules, 2008, and the candidate is ineligible for enrolment as an advocate.Justice G.S. Sandhawalia & Justice Ranjan Sharma said: “In this scenario, once appellant-petitioner had secured admission to the Three Year Law Course (in June 2014)...
Caste Assigned At Birth Doesn't Change Due To Marriage: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that caste is assigned at the time of birth and does not change upon marrying a person who belongs to the Scheduled Caste.It clarified that such a marriage does not preclude the commission of an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Justice Rakesh Kainthla held: “Therefore, it was rightly...
Printed Validity On Caste Certificate Is Insignificant If It Certifies Holder's OBC Status For Specific Financial Year: HP High Court
The Himachal Pradesh High Court has held that the printed validity of a period at the top of an OBC certificate becomes irrelevant if the certificate clearly certifies the applicant's OBC status for a specific financial year.Justice Jyotsna Rewal Dua said: “It is the fact certified in the certificate that is material. If that certification is about status as OBC for a specific period and if...
Himachal Pradesh High Court Weekly Round-Up: July 21, 2025 To July 27, 2025
Nominal Index: Raju Ram vs. State of Himachal Pradesh and Others, 2025 LiveLaw (HP) 97 Rama Devi & Others.,2025 LiveLaw (HP) 98 Rishi Raj v/s Ram Krishan & Ors.,2025 LiveLaw (HP) 99 Amar Nath v/s State of Himachal Pradesh.,2025 LiveLaw (HP) 100 Farooq Ahmad v/s State of Himachal Pradesh.,2025 LiveLaw (HP) 101 Jogindra v/s State of H.P. &...
Himachal Pradesh High Court Quashes Deduction Of Retired Judge's Pension From His Salary As Tribunal Chairman
The Himachal Pradesh High Court has quashed an order of pension deduction from the salary of a retired judge who was appointed as a tribunal chairman.The court directed the State to pay arrears along with 9% interest to Justice (retd.) V.K. Sharma, former judge of the High Court, who was later appointed as Chairman of the Himachal Pradesh Administrative Tribunal.The Court held that the...