Home Guards Are Volunteers, Their Dependents Cannot Claim Compassionate Employment: Himachal Pradesh High Court

The Himachal Pradesh High Court has dismissed two connected petitions, holding that the dependents of a Home Guard cannot claim permanent job under the Employment Assistant scheme of the State Government when the Home Guard rendered only a voluntary and temporary job.Justice Satyen Vaidya held: “Thus, when the job performed by Home Guards has been assessed to be purely of temporary nature,...

'Maybe In Bad Taste, But Do Not Incite Violence': HP HC Grants Bail To Man Charged U/S152 BNS For Sharing Videos Allegedly Insulting PM, Army

The Himachal Pradesh High Court has granted bail to Farooq Ahmad, who was arrested for allegedly sharing videos on Facebook that contained insulting comments about the Prime Minister of India and the Indian Army. The Court held that mere sharing of such videos, in the absence of any incitement to violence or public disorder, does not prima facie attract the offences of sedition or...

NDPS Act | Mere Presence Of Contraband In Taxi Doesn't Prove Driver's Guilt: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a taxi driver cannot be held liable for possession of contraband under the NDPS Act merely because illegal substances were found in the vehicle he was driving, when there is no prima facie evidence showing that he had knowledge or involvement in its transportation.Justice Rakesh Kainthla: “The status report does not show that the petitioner...

Insurance Company Can't Deny Compensation Citing Invalid Employer-Employee Relationship Between Family Members Without Evidence: HP High Court

The Himachal Pradesh High Court has held that close family ties do not prevent a valid employer–employee relationship under law if it is supported by credible evidence on record.Justice Vivek Singh Thakur observed “It has been categorically observed by the Supreme Court that technically there is possibility that husband and wife can have relation of employer and employee. It is apt to...

Himachal Pradesh High Court Weekly Round-Up: July 14, 2025 To July 20, 2025

Citation No: 2025 LiveLaw (HP) 90 to 2025 LiveLaw (HP) 96Nominal Index:Tejinder Singh V/s Govinder Singh and another., 2025 LiveLaw (HP) 90Vijay Kumar V/s Bharat Petroleum Corporation Ltd.,2025 LiveLaw (HP) 91Director of Horticulture to the Government of HP V/s Gejam Ram & others.,2025 LiveLaw (HP) 92Gagandeep Singh and another v. State of H.P. and another.,2025 LiveLaw (HP) 93Mantesh...

HP High Court Orders Inquiry Into Lawyer For Allegedly Withdrawing MACT Compensation By Misusing Client's Signature

The Himachal Pradesh High Court has ordered an enquiry into a lawyer, after the appellants in an MACT appeal case alleged that their former advocate misused their signatures and fraudulently withdrew accident compensation money.Justice Vivek Singh Thakur said: “Direct the Chairman, Bar Council of Himachal Pradesh as well as Superintendent of Police, Shimla, to look into the matter...

Retrospective Regularization Of Class-III Employees Counts For Pension Benefits In line with Precedents Applicable To Class-IV : Himachal Pradesh HC

The Himachal Pradesh High Court bench comprising Justice Jyotsna Rewal Dua held that a Class-III employee, whose services were regularized retrospectively, is entitled to pensionary benefits by counting the qualifying period from the date of retrospective regularization. Further the benefit of judgments granting pension to Class-IV employees can be extended to similarly placed...

HP High Court Expresses Concern Over Encroachment Of Govt & Forest Land, Orders Statewide Removal Of Illegally Raised Apple Trees, Orchards

The Himachal Pradesh High Court has ordered the statewide removal of illegal apple trees/orchards raised on government or forest land.A Division bench comprising Justices Vivek Singh Thakur and Bipin C. Negi, while hearing two connected PILs (CWPIL No.17 of 2014 and CWPIL No.9 of 2015), clarified that removal of apple trees and orchards must not be limited only to plots where encroachers...

Infrastructure Location Of University Cannot Be Dictated By Students: Himachal Pradesh High Court

The Himachal Pradesh High Court has dismissed a petition filed by students of Sardar Patel University, Mandi, holding that the decision regarding the infrastructure location of the University is to be taken by the State Higher Education Council, Department of Higher Education, along with the Government of Himachal Pradesh, and cannot be dictated by the students.Justice Ajay Mohan Goel...

Voluntary Retirement Takes Effect Automatically If State Fails To Decline It Within Notice Period: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that under the Himachal Pradesh Civil Service (Premature Retirement) Rules, 2022, if the State fails to communicate refusal of an employee's voluntary retirement request within the statutory notice period, the retirement takes effect automatically.Justice Sandeep Sharma: “In case the authority fails to refuse the permission to retire before expiry of...

S.138 NI Act | Another Forensic Expert Can't Be Appointed Till First Expert's Report On Signature Has Been Set Aside: HP High Court

The Himachal Pradesh High Court has held that when a forensic expert's opinion has been brought on record and not been set aside, an accused can't insist on the appointment of another expert just because the existing report is unfavourable.Justice Rakesh Kainthla said: “Since the report of the Forensic Expert examined by the petitioner is still on record and has not been set aside,...

[S.69 CGST Act] Fake Supplier Addresses Indicate Prima Facie GST Evasion: Himachal Pradesh High Court Refuses To Quash Complaint

The Himachal Pradesh High Court stated that fake supplier addresses indicate prima facie GST evasion and refused to quash complaint under Section 69 of CGST Act. “When the officials went to the addresses mentioned in the invoices and found that no such entity existed, it was sufficient to infer that the invoices were fake, and the material shown to have been supplied as per...