Himachal Pradesh High Court
Himachal Pradesh High Court: Magistrate Can Direct Further Investigation U/S Section 173(8) Crpc Even After Taking Cognizance
Himachal Pradesh High Court held that when the court finds that a proper investigation has not been conducted, the Magistrate can exercise the power under Section 173(8) of the CrPC suo motu to direct the police to conduct further investigation, even after taking cognizance of the case.Justice Sushil Kukreja: “Even after taking cognizance, power under Section 173 (8) Cr. P. C. can be...
Candidature Can't Be Denied For Trivial Mistakes In Online Recruitment Form: Himachal Pradesh High Court
Himachal Pradesh High Court held that bona fide and trivial errors in a recruitment application, such as inadvertent category selection, should not lead to cancellation of candidature, and candidates must be given an opportunity to rectify such mistakes.Justice Jyotsna Rewal Dua: “It was case of an inadvertent error, a bonafide error, which was committed probably at the end of the Cyber...
Courts Must Apply Principle Of Proportionality While Imposing Sentence Under NPDS Act: Himachal Pradesh High Court
Himachal Pradesh High Court held that, while imposing a sentence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, trial courts must adhere to the principle of proportionality and should not deviate from the quantity-based sentencing framework prescribed by the Central Government.Justice Rakesh Kainthla: “The learned Trial Court held that the impact of heroin is severe...
No Vicarious Liability U/S 34 of Drugs & Cosmetics Act Without Proof of Responsibility for Company's Affairs: Himachal Pradesh High Court
The Himachal Pradesh High Court held that vicarious liability for the supply of sub-standard quality drugs under Section 34 of the Drugs and Cosmetics Act, 1940, can't be established unless it is specifically proved that the person was directly in charge of, and responsible for, the conduct of the company's affairs.Justice Rakesh Kainthla: “The complainant needs to aver in the complaint...
More Than 4 Years Without Trial, Himachal Pradesh High Court Grants Bail To Murder Accused
Himachal Pradesh High Court granted bail to a woman who had been in judicial custody for over four years without the conclusion of her trial. The Court held that keeping the applicant in custody serves no meaningful purpose, especially when the chances of the trial getting concluded in the near future are very less.Justice Virender Singh: “It stated that Considering the fact that the...
No Equity In Taxation Law: Himachal Pradesh High Court On Tax Liability Of Auction Purchaser
Himachal Pradesh High Court held that an auction Purchaser is liable to pay the outstanding taxes on vehicles acquired through auction. It stated that there is no equity in taxation law and equity would only come into play in case there is no law operating in the field.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “It is more than settled that there is no equity in taxation law...
SC Collegium Recommends Appointment Of New Chief Justices In Five High Courts
The Supreme Court Collegium has recommended the appointment of Justice Sanjeev Sachdeva, Judge of the MP High Court ( parent HC : Delhi High Court), as the Chief Justice of the Madhya Pradesh High Court.Justice Vibhu Bakhru, Delhi High Court Judge, has been recommended as the Chief Justice of the Karnataka High Court.Also, Justice Ashutosh Kumar of Patna High Court has been recommended as...
Director Of Govt Dept Ineligible To Act As Arbitrator In Dispute Between Dept & Other Party Due To Bar U/S 12(5) Of A&C Act: HP High Court
The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Sushil Kukreja has held that the statutory bar under subsection (5) of Section 12 of the Arbitration Act applies squarely, as the Director, Department of Digital Technologies and Governance, cannot be considered an independent and impartial arbitrator due to his potential role as a consultant or advisor...
HPPCL Engineer's 'Mysterious' Death | Himachal Pradesh HC Transfers Case To CBI As DGP Raises Concerns Over SIT Probe
Finding it to be an 'exceptional' situation, the Himachal Pradesh High Court on Friday transferred the probe into the 'mysterious' death of Himachal Pradesh Power Corporation Limited (HPPCL) chief engineer Vimal Negi to the Central Bureau of Investigation (CBI). A bench of Justice Ajay Mohan Goel passed this order while allowing a petition filed by Negi's wife seeking the transfer of...
Allegation Of Rape Based On False Promise To Marry And Repeated Postponement Of Marriage - Can't Ground For Rape, Himachal Pradesh High Court
Himachal Pradesh High Court held that in the absence of a clear allegation of refusal to marry, charges of rape under Section 376 of the Indian Penal Code can't be framed. The Court remarked that when parties are in a long-term relationship of five years, it becomes difficult to determine that their sexual relationship was based solely on a promise to marry.Justice Rakesh Kainthla: “There...
Punishment Of Compulsory Retirement For Repeated Disobedience And Non-Adherence To Orders, Justifiable; Himachal Pradesh High Court
Himachal Pradesh High Court upheld the order of compulsory retirement of a professor at a government university, stating that repeated disobedience of orders from superiors can't be taken lightly, as it promotes indiscipline and disorder.Justice Satyen Vaidya: “The repeated insubordination by the non-adherence to the orders of superiors, cannot be brushed aside lightly for it will...
Separate Orders Must Be Passed For Cancellation Of Bail Bond And Imposition Of Penalty: Himachal Pradesh High Court
Himachal Pradesh High Court held that Courts must pass separate orders for the cancellation of a bail bond and the imposition of penalty under Section 446 of Criminal Procedure Code, ensuring that the affected person is given a fair opportunity to present their case before any penalty is imposed.Justice Virender Singh: “In the considered opinion of this Court, separate orders were required...