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...

Issuance Of Show Cause Notice U/s 74 Of CGST Act Does Not Imply Violation Of Natural Justice: Himachal Pradesh High Court

Section 74: Determination of tax not paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts.Himachal Pradesh High Court held that when a show cause notice is issued under Section 74 Of the Central Goods and Services Tax Act, the matter is still at a preliminary stage, and objections can't be raised on...

Benefit Of Probation Of Offenders Act Can't Be Granted For Offence Of Criminal Breach Of Trust: Himachal Pradesh High Court

Himachal Pradesh High Court held that the benefit of the Probation of Offenders Act should not be granted to a person convicted of criminal breach of trust, as doing so would encourage people to misappropriate the property of other persons and the trust upon which a civil society is based would be affected.Justice Rakesh Kainthla: “Granting the benefit of the Probation of Offenders Act to...

Bail Under Section 37 Of NDPS Act Can't Be Granted Based On Assumptions: Himachal Pradesh High Court

The Himachal Pradesh High Court rejected a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS Act”), by an accused arrested for an offence under Section 27A of Narcotic Drugs and Psychotropic Substances Act (“NDPS Act”).Section 27 A of the NDPS Act deals with the punishment for harbouring offenders and financing Illicit traffic. This...