S.81 IPC | Bus Driver Cannot Claim 'Necessity' Defence After Crushing Two Persons To Save Cyclist: HP High Court

The Himachal Pradesh High Court held that the defence of necessity under Section 81 IPC cannot be invoked where the accused, while allegedly attempting to avoid harm to one person, ends up causing greater harm to others. Observing that the doctrine permits infliction of lesser harm to prevent a greater one, the Court rejected its application in a case where the accused's act resulted in the...

Mandatory Injunction Not Automatic Even If Encroachment Proved; Can Be Denied For Plaintiff's Unfair Conduct: HP High Court

The Himachal Pradesh High Court held that even where a demarcation report clearly establishes encroachment, grant of mandatory injunction is not automatic. Emphasising the equitable nature of such relief, the Court ruled that it may be denied where the plaintiff's conduct is found to be unfair or based on false pleadings. The Court remarked that injunction being a discretionary remedy under...

“Why Step-Motherly Treatment?”: HP High Court Questions Centre Over Shimla's Exclusion From UDAN Scheme

Himachal Pradesh High Court, questioned the Union Government over the exclusion of Shimla from the Regional Connectivity Scheme (UDAN) and observed that the hill State appeared to have been subjected to “step-motherly treatment” in the matter of air connectivity. Division Bench of Chief Justice G.S. Sandhawalia and Justice Bipin C. negi remarked that: “Keeping in view the contrasting...

Illegal Mining | Police Can Probe Theft Under IPC, But MMDR Offences Require Authorised Complaint: HP High Court

The Himachal Pradesh High Court has held that while the police are competent to register and investigate cases of theft of illegally extracted minerals under the Indian Penal Code, cognizance of offences under the Mines and Minerals (Development and Regulation) Act, 1957 cannot be taken on a police report and must be based on a complaint by an authorised officer.Justice Rakesh Kainthla...

Order 8 Rule 1-A CPC | HP High Court Refuses Belated Production Of Public Documents, Cites Lack Of Due Diligence

The Himachal Pradesh High Court held that a defendant cannot be permitted to introduce certified copies of Jamabandi and mutation records at a belated stage after the conclusion of evidence, particularly when such documents are public in nature and presumed to be within his knowledge. The Court observed that no satisfactory explanation was furnished for the failure to produce these...

Mere Designation As Managing Director Not Enough To Attract Criminal Liability Under Drugs & Cosmetics Act: Himachal Pradesh High Court

The Himachal Pradesh High Court held that criminal liability of company officials cannot be presumed merely on the basis of their designation, such as Managing Director or Director.The Court reiterated that, for invoking vicarious liability under Section 34 of the Drugs and Cosmetics Act, the complaint must contain specific averments demonstrating that the accused was in charge of and...

“Long Cohabitation & Economic Dependence”: HP High Court Grants Family Pension To Woman Despite Void Marriage

The Himachal Pradesh High Court allowed an appeal and held that a woman, though not a legally wedded spouse, would be entitled to family pension, having lived in a long cohabiting relationship with the deceased employee. A Division Bench of Chief Justice G.S. Sandhawlia and Justice Bipin Chander Negi remarked that: “The long cohabitation inter se the parties, the entry of the name of...

Uncommunicated 'Average' ACR Cannot Deny Promotion: Himachal Pradesh High Court Orders Elevation With Consequential Benefits

The Himachal Pradesh High Court held that denial of promotion on the basis of uncommunicated Annual Confidential Reports (ACRs) is arbitrary and violative of Article 14. Observing that even a single downgraded ACR, if not communicated, can adversely affect an employee's chances of promotion, the Court set aside the impugned order and directed that the petitioner be promoted to the post...

Six-Year Disqualification Over False Disclosure In Panchayat Elections Not Excessive: Himachal Pradesh High Court

The Himachal Pradesh High Court held that a disqualification of six-years for Panchayat office bearers on account of false declarations in nomination forms is not arbitrary or excessive. The Court remarked that such a step is to ensure that such disqualification remains effective and meaningful, particularly in light of the five-year electoral cycle of Panchayati Raj Institutions. A...

Farming Not Barred In Municipal Limits, Agricultural Livelihood No Ground To Oppose Municipal Inclusion: HP High Court

The Himachal Pradesh High Court held that the predominance of agricultural livelihood in an area does not preclude its inclusion within a municipal framework, clarifying that such inclusion does not prohibit farming or allied activities. The Court further observed that contentions regarding the loss of rural subsidies or benefits are merely incidental to the transition from a rural to an...

Burial Of Animal Near Religious Structure Not Offence U/S 270 IPC Without Any Infection Risk: Himachal Pradesh High Court

The Himachal Pradesh High Court held that the alleged burial of a dead animal near a Chabutra used for offering water to the ancestors does not attract liability under Section 270 IPC. The Court remarked that the provision is concerned with acts likely to spread infectious disease and not with injury to religious feelings.Justice Sandeep Sharma remarked that: “Though prosecution attempted...

Mere Presence Of Beneficiaries During Execution Of Will Is Not Suspicious Circumstance: HP High Court

The Himachal Pradesh High Court held that the mere presence of beneficiaries at the time of execution of a Will does not, by itself, render it suspicious, in the absence of evidence showing undue influence or active participation in its execution. The Court observed that where witnesses only indicate that all persons were present together at the time of writing the Will, without anything...