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 Himachal Pradesh High Court

Mere Participation in Protest March Does Not Make One Part of Unlawful Assembly: HP High Court

The Himachal Pradesh High Court has held that mere participation in a protest march does not, by itself, make a person a member of an unlawful assembly under Section 149 of the IPC. The Court observed that where the petitioners, after witnessing the violence, separated themselves from the unruly mob and attempted to save the teachers being assaulted, they could not be treated as members of...

NDPS Act Does Not Allow Any Other Options After Accused Chooses Gazetted Officer For Search U/S 50: HP High Court

The Himachal Pradesh High Court has held that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not permit the Investigating Officer or any other officer, including the Gazetted Officer before whom the personal search is to be conducted, to give an accused a fresh or third option after the accused has already exercised his statutory choice. The Court observed that...

HP High Court Orders Probe Against Officials For Allowing Govt Doctor To Retain Accommodation For Over A Decade Despite Transfer

The Himachal Pradesh High Court has directed an inquiry against the concerned officers/officials for allegedly allowing a Medical Officer to retain earmarked government accommodation at Hamirpur for more than a decade after his transfer, observing that such continued retention would not have been possible without the officials concerned being “hand in glove” with the petitioner. Justice...

Sister-In-Laws Advice To Take Care To Prevent Miscarriage Isnt Harassment For Not Bearing Child, Doesnt Amount To Abetment: HP High Court

The Himachal Pradesh High Court has observed that merely asking a woman to take care of her health, particularly her food habits to prevent a future miscarriage, may not be sufficient to conclude that she was being harassed or tortured for not bearing a child. The Court made the observation while granting bail to a woman accused of abetting the suicide of her sister-in-law, holding that...

HP High Court Quashes FIR Against Liquor Bottling Unit Over Failure To Affix Holograms, Imposes ₹1 Lakh Penalty Under Excise Act

The Himachal Pradesh High Court has held that the mere failure to affix holograms on liquor bottles does not constitute a criminal offence under Sections 39(1) and 39(2) of the Himachal Pradesh Excise Act, 2011. The Court observed that such omission is specifically covered under Section 43 of the Act, which provides for imposition of a monetary penalty and is compoundable. Accordingly, the...

Using Teachers for Years Without Fair Pay Amounts to Begaar: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the State cannot exploit the services of teachers engaged in government schools for years without extending the benefits due to them, observing that such conduct amounts to "begaar" prohibited by the Constitution. While directing the release of Grant-in-Aid to a Drawing Master who had been serving since 2011, the Court remarked that the Government...

Prisoners Parole Cant Be Denied Solely Because Six Months Havent Elapsed Since Previous Release: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a prisoner's request for parole cannot be rejected solely because six months have not elapsed since the completion of an earlier parole. The Court observed that the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 does not prescribe any such embargo, and therefore, the restriction contained in Paragraph 19.12 of the...

State-Owned Corporations Cant Cite Financial Constraints To Deny Pensionary Benefits: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that State-owned corporations cannot cite financial constraints to deny pensionary benefits to eligible employees and their families, observing that such entities "are nothing but white elephants" if they continue to withhold dues despite settled legal rights. Allowing a writ petition filed by the legal heirs of a voluntarily retired employee, the...

Motivated: HP High Court Rejects PIL Challenging Procurement Of Infosys Software For Cooperative Bank, Forfeits ₹2 Lakh Deposit

The Himachal Pradesh High Court has dismissed a Public Interest Litigation challenging the State Cooperative Bank's procurement of the Infosys Finacle 10.02.25 Core Banking Software without an independent tendering process, holding that the petition was not a genuine public interest litigation but one driven by business rivalry and a deep-rooted private motive.A Division Bench of Chief...

Supernumerary Posts U/S 20(4) RPwD Act Available Only To Those Who Acquire Disability During Service: HP High Court

The Himachal Pradesh High Court held that the benefit of adjustment against a supernumerary post under Section 20(4) of the Rights of Persons with Disabilities Act, 2016 is available only to employees who acquire a disability during the course of their service. It ruled that the provision does not extend to persons appointed under the quota reserved for persons with benchmark...

Religious Sentiments Cant Justify Obstruction Of Public Pathway: Himachal Pradesh High Court Orders Removal Of Temple Gate

The Himachal Pradesh High Court has held that religious sentiments cannot justify unlawful obstruction of a public pathway, observing that "religion cannot be allowed to be used as a tool to subvert the legal process." While directing the removal of an unauthorised gate erected on Government land leading to a temple, the Court ruled that no individual can take the law into their own hands...