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...

Himachal Pradesh High Court Weekly Round-Up: July 7, 2025 To July 13, 2025

Citation No: 2025 LiveLaw (HP) 81 to 2025 LiveLaw (HP) 89Nominal Index:Gopal Chand v/s Ramesh Kumar & another., 2025 LiveLaw (HP) 81Nishant Mahajan & Anr. v/s State of H.P. & Ors.,2025 LiveLaw (HP) 82Rajesh Kumar Verma v/s Hon'ble High Court of H.P., Madan Kumar v/s Hon'ble High Court of H.P.,2025 LiveLaw (HP) 83Deep Raj v/s State of H.P. & Ors.,2025 LiveLaw (HP) 84Anil Kumar...

Himachal Pradesh High Court Cautions State Against Filing Repeated Appeals In Similar Matters, Causing Undue Harassment To Poor Litigants

The Himachal Pradesh High Court has cautioned the State against filing similar appeals in similar matters, as it causes undue harassment to people belonging to the lowest strata of society.Justice Vivek Singh Thakur & Justice Ranjan Sharma: “Respondents-State is preferring similar appeals in similar matters again and again, which is not only causing wastage of time, energy and resources...

Oil Companies Must Adopt Flexible Approach While Taking Land From Distributors If Defects Are Cured: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that oil companies must adopt a flexible approach when minor technical issues with the land offered for distributorship arise, especially when the applicant removes the defect in time.Justice G.S. Sandhawalia and Justice Ranjan Sharma: “The appellant had also removed the deficiencies as such of the electric wires over the land which is a much...

Witness Statements Made From Documents Supplied By Police Can't Be Relied Upon For Conviction: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a witness's statement made only after seeing documents shown by the police can't be relied upon to uphold a conviction.Justice Rakesh Kainthla: “The statement of this witness shows that he did not remember the details of the documents, and he made the statement after seeing the documents brought by the police, which means that he was making...

Himachal Pradesh High Court Half Yearly Digest: January-June 2025

Citations 2025 LiveLaw (HP) 1 to 2025 LiveLaw (HP) 74NOMINAL INDEX: The Executive Engineer, I & PH Division, Bilaspur Versus Ramesh Khaneja, 2025 LiveLaw (HP) 1The Chief General Manager H.P. Telecom Circle & ors. Versus Sh. Kashmir Singh (Government Contractor), 2025 LiveLaw (HP) 2Som Dutt & Ors., V/s State of H.P. & Anr, 2025 LiveLaw (HP) 3X vs. State of Himachal Pradesh...

S.138 NI Act | When No Evidence Is Led To Prove Proprietorship, Complainant Can't Be Treated As Payee: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when a complainant fails to prove proprietorship of a sole proprietorship concern, they can't be treated as the payee or holder in due course under Section 138 of the Negotiable Instruments Act. It held that a mere authority letter issued after the complaint was filed does not constitute sufficient proof of authorisation.Justice Rakesh...

Local Commissioner Can't Be Appointed To Collect Fresh Evidence At Appellate Stage: Himachal Pradesh High Court

The Himachal Pradesh High Court held that under Order 26 Rule 9 of the Code of Civil Procedure, a Local Commissioner can't be appointed at the appellate stage merely to help a party gather fresh evidence which it failed to produce or challenge during the trial.Justice Vivek Singh Thakur: “By appointing a Local Commissioner under Order 26 Rule 9 CPC, the Court is not to be used as a...

'Adverse Possession Is A Heritable Right': Himachal Pradesh High Court Upholds Widow's Claim After Husband's Death

The Himachal Pradesh High Court has upheld a wife's claim of adverse possession after her husband's death, holding that she is entitled to have her name recorded in the revenue records.Justice Vivek Singh Thakur: “Entries in revenue record reflect that unauthorized possession was very much in the knowledge of State since 1963 and for completion of 30 years of adverse possession without...