HP Co-Operative Societies Act | No One Can Be Condemned Unheard, Even If Act Does Not Have Provisions For Filing Objections: High Court

The Himachal Pradesh High Court held that even if the Himachal Pradesh Co-operative Societies Act, 1968, does not have specific provisions for filing objections in execution proceedings, the principles of natural justice must apply and the judgement debtor must be given an opportunity to be heard.Setting aside the order of Collector-cum-Deputy Registrar, Mandi Justice Ajay Mohan Goel...

Order VII Rule 11 CPC | Plaint Can't Be Rejected Due To Missing Khasra Numbers In Eviction Petition: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the omission of certain khasra numbers in an eviction petition does not amount to non-disclosure of cause of action and cannot be a ground for dismissal under Order 7 Rule 11 of the Civil Procedure Code.Rejecting the tenant's contention, Justice Ajay Mohan Goel remarked that: “Mere non-mention of certain khasra numbers per se cannot be so fatal...

Maternity Leave Sanctioned During Contractual Service Cannot Be Curtailed Due To Submission Of Fitness Certificate During Regularisation: HP HC

The Himachal Pradesh High Court held that maternity leave, sanctioned while an employee was on contractual service, could not be curtailed merely because she submitted a medical fitness certificate at the time of regularization. Quashing the State's order that cancelled the leave Justice Sandeep Sharma remarked that : “submission of Medical Fitness Certificate, could not have given any right...

When Purpose Of Police Remand Is Clearly Stated, Trial Court Can't Dictate Manner Of Probe: HP High Court Quashes Adverse Remarks Against Cops

The Himachal Pradesh High Court has set aside orders of a trial court, that refused policy custody of an accused in a communal violence case and also expunged adverse remarks made by the trial court that branded the investigation as “myopic” and “mala fide.”Setting aside the Trial Court's order Justice Virender Singh remarked that: “The purpose, for which, the police remand has...

HP High Court Denies Bail To Accused In ₹500 Crore Crypto Fraud, Says Public Interest Must Be Considered In Cases Involving Grave Economic Offences

The Himachal Pradesh High Court has denied bail to the accused involved in a ₹500-Crore Cryptocurrency Fraud Case, holding that economic offences of such huge magnitude, which have a deep-rooted conspiracy and cause massive public loss, must be viewed seriously, and mere prolonged custody or trial delay is not a sufficient ground for bail.Rejecting the Bail Application, Justice Sushil...

Court Cannot Direct Police To Ascertain Actual On-Ground Situation In Application For Police Assistance: HP High Court

The Himachal Pradesh High Court has held that a court, while deciding an application for police assistance, can only grant or refuse such assistance for implementing its order and cannot direct police officers to ascertain the actual situation on the spot.Justice Ajay Mohan Goel remarked that: “….by no stretch of imagination in such an application, the Court can direct an Officer or...

Himachal Pradesh High Court Weekly Round-Up: August 4, 2025 To August 10, 2025

Citation No: 2025 LiveLaw (HP) 114 to 2025 LiveLaw (HP) 121Nominal Index:State of H.P. v/s Anu Bala & Ors.,2025 LiveLaw (HP) 114Sh. Rajinder Kumar Sen & Others v/s State of H.P. & Ors.,2025 LiveLaw (HP) 115Punam Gupta and another v/s State of H.P. & Ors., 2025 LiveLaw (HP) 116State of H.P. V/s Nitya Nand & Ors.,2025 LiveLaw (HP) 117V (a juvenile) v/s State of H.P.,2025...

Govt Employee Who Acquires Benchmark Disability During Service Can Extend Retirement Age Even If Not Appointed Under PwD Quota: HP High Court

The Himachal Pradesh High Court held that a government employee who acquires benchmark disability during service is entitled to the benefit of extended retirement age under the State's policy, even if he was not appointed under the handicapped quota.Rejecting the State's contention, Justice Jyotsna Rewal Dua said: “Merely because a person suffers disability in service, offers no valid ground...

HP High Court Directs Police To Consider Protection Plea By Young Muslim Couple, Including Minor Girl, Over Threats Faced Due To Marriage

The Himachal Pradesh High Court division bench of Chief Justice G.S. Sandhawalia & Justice Ranjan Sharma has directed the Superintendent of Police, Sirmaur, and the Station House Officer concerned to consider protection request of the 20-year-old petitioner and his 17 year old wife and take appropriate action after they got married without their family's permission.The court relied on...

Beas River Tragedy | HP High Court Upholds Criminal Negligence Charges Against Faculty Members Over Death Of Students On College Trip

The Himachal Pradesh High Court dismissed a revision petition filed by the faculty members of VNR Vignana Jyothi Institute of Engineering and Technology, over the death of several students on a college trip in the Beas River tragedy, holding that the faculty members were fully aware that the students were likely to die, yet they did not stop the students from entering the riverbed.The...

Order 7 Rule 14 CPC Cannot Be Invoked To Seek Production Of Documents That Inadvertently Remained In Counsel's Brief: HP High Court

The Himachal Pradesh High Court has held that the plea that documents were inadvertently left in the counsel's brief is not a valid ground to invoke the provisions of Order VII Rule 14 of the Code of Civil Procedure.Rejecting the Contention of the Petitioner Justice Ajay Mohan Goel remarked that: “These pleas are no reasons to invoke the provisions of Order 7, Rule 14 of the Code of...

Himachal Pradesh High Court Upholds JJB's Decision To Try 16-Yr-Old As An Adult For Alleged Rape Of 7-Yr-Old Girl

In the alleged rape of a 7 year old girl by a 16 year old boy, the Himachal Pradesh High Court has held that preliminary assessment conducted by the Medical Board in accordance with Section 15 of the Juvenile Justice Care and Protection of Children Act, 2015 found that that the accused had an IQ of 92 and was fully aware of the consequences of his acts as he had threatened the victim and told...