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...

Himachal Pradesh High Court Restrains Sale Of "Old Mist" Coffee-Flavoured Rum In Trademark Infringement Suit By "Old Monk" Brand Owners

The Himachal Pradesh High Court has granted an ex parte ad interim injunction in favour of Mohan Meakin Limited, the owner of Old Monk/Old Monk Coffee. The Court restrained Eston Roman Brewery & Distillery Pvt. Ltd from selling its coffee-flavoured rum under the mark “OLD MIST ”, till further orders, finding that the product was substantially similar to the plaintiff's...

Procedural Lapses By Revenue Authorities Can't Defeat Substantive Rights Under Himachal Pradesh Nautor Rules: High Court

The Himachal Pradesh High Court has held that procedural lapses by the revenue authority cannot defeat substantive rights vested in a party.The court opined that due to procedural lapses of the revenue authorities in updating records, the petitioner, an Ex-army man, could not be denied his right over a forest land, allotted to him under the Himachal Pradesh Nautor Land Rules, 1968.Justice...

State Cannot Transfer Police Officers Without Recommendation By Police Establishment Committee: Himachal Pradesh High Court

Reinforcing statutory safeguards for police transfers, the Himachal Pradesh High Court quashed the transfer of a Sub-Divisional Police Officer, holding that such transfers must be made on recommendations of the police establishment committee and the State Government can't bypass this mandatory procedure.The court said that transfers shall be in accordance with Sections 12 and 56 of the...

Himachal Pradesh High Court Monthly Digest: June 2025

Citations 2025 LiveLaw (HP) 44 to 2025 LiveLaw (HP) 74NOMINAL INDEX: Dharam Chand v/s State of H.P. 2025 LiveLaw (HP) 44Smt. Anita v/s State of H.P. & Ors. 2025 LiveLaw (HP) 45Indira Daroch v/s State of H.P. & Ors. 2025 LiveLaw (HP) 46Dinesh Negi v/s Sahil Sood2025 LiveLaw (HP) 47Neena Singh Thakur v/s Pr. Commissioner of Income Tax & Anr. 2025 LiveLaw (HP) 48Yash Pal Thakur...

[Road Accident] “High Speed” Is A Relative Term, Accused Can't Be Held Guilty Solely Based On Speed: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that stating that a vehicle was being driven at “high speed” is not enough, by itself, to prove rashness or negligence. Speed is a relative term and must be explained with reference to the facts and circumstances of each case.Justice Rakesh Kainthla: “Thus, the accused cannot be held liable based on high speed alone without any further evidence...

HP HC Dismisses Plea Challenging Rules Of Judicial Promotion Exam, Says Judicial Officers Should've Known Consequences Of Participating Without Protest

The Himachal Pradesh High Court has held that once Judicial officers had participated in a departmental exam for promotion, they were estopped from challenging the rules if they had accepted them when they chose to appear for the exam without any protest.Justice Vivek Singh Thakur & Justice Sandeep Sharma held: “Petitioners are estopped by their act and conduct from assailing the...

Himachal Pradesh High Court Weekly Round-Up: June 30 To July 6, 2025

Citation No: 2025 LiveLaw (HP) 73 to 2025 LiveLaw (HP) 80 Nominal Index: Surinder Kumar v/s central Sanskrit University., 2025 LiveLaw (HP) 73 Liyakat Ali v/s State of HP., 2025 LiveLaw (HP) 74 Bharti Rathore v/s State of HP & others., 2025 LiveLaw (HP) 75 Monika v/s State of HP & others., 2025 LiveLaw (HP) 76 Biogenetic Drugs (P) Ltd. & another v/s State...

Mere Use Of Encroached Forest Land Does Not Make Person Necessary Party In Eviction Proceedings Filed By Owner: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that individuals who merely use a path or road constructed on a forest do not have locus standi to challenge an eviction order against the encroachers.Justice Jyotsna Rewal Dua: “Petitioners were not necessary parties to the lis before the Collector Forest. They have no locus standi for assailing the order passed by Collector Forest. Mere user...

Calling A Person 'Gunda', Alleging 'Gunda Raj' Without Justification Amounts To Defamation: HP High Court Convicts Chief Editor Of Newspaper

The Himachal Pradesh High Court has held that calling a person “Gunda” and accusing him of disturbing the peace and spreading “Gundaraj” without any justification or basis amounts to defamation punishable under Section 500 of the Indian Penal Code.Justice Rakesh Kainthla: “Calling a person Gunda spreading Gundaraj, being a member of Shallow Theatre People without any justification,...

CCS Pension Rules | Pension Can't Be Arbitrarily Denied To Employees Under Old Scheme Who Were Transferred Without Break In Service: HP High Court

The Himachal Pradesh High Court has held that an employee can't be arbitrarily denied pension under old scheme when he was transferred through the proper channels and without any break in service.Justice Satyen Vaidya: “In the facts of the case in hand, petitioner also qualified other condition as he had been transferred to the borrowing employer through proper channel w.e.f. 15.11.2002...