Deceased Not Liable For Contributory Negligence For Not Having Driving License During Accident: HP High Court

The Himachal Pradesh High Court has held that even if the deceased did not possess a driving licence at the time of the accident, it does not make him liable for contributory negligence over the accident.Justice Jiya Lal Bhardwaj remarked that: “In case, the deceased was not having the licence to drive the vehicle, he could be inflicted with some penalty under the Motor Vehicles Act, 1988,...

Allegations Of Fraud Can't Be Decided Under SARFAESI Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has dismissed a writ petition filed by UCO Bank, which challenged a trial court order rejecting an application under Order VII Rule 11 of the Civil Procedure Code.The Court held that the issues raised in the civil suit concerned allegations of fraud and the validity of title documents, which could not be adjudicated under Section 17 of the SARFAESI Act....

Employee Can't Decide Location Of Anganwari Centre, Must Abide By Directions: HP High Court

The Himachal Pradesh High Court upheld the termination of an angwari worker who repeatedly disobeyed the departmental orders to shift the Anganwari Centre from her home to the local Mahila Mandal Bhawan.The Court held it was not her decision to decide the location, she was merely supposed to abide by the directions. Justice Jyotsna Rewal Dua remarked that:“It was not for the petitioner...

Mixing Of Contraband Pouches Before Sampling Creates Serious Doubt Accused's Possession: HP High Court

The Himachal Pradesh High Court granted bail to a Nepali national who was accused of possessing a commercial quantity of opium. The Court held that the investigation was not proper as all pouches of the alleged contraband were mixed together before sampling, which made the procedure highly doubtful.The Court also observed that the status report does not mention that the samples were sent to...

Only Surviving Spouse Inherits Tenancy; Other Legal Heirs Have No Right: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that under the Himachal Pradesh Urban Rent Control Act, 1987, governing tenancy succession, the right to inherit a deceased tenant's tenancy vests exclusively in the surviving spouse.Justice Vivek Singh Thakur remarked that: “As per Explanation-II, right of every successor referred to in Explanation-I, shall be personal to him and on the death of...

Party Cannot Cite Witness's Old Age To Justify Non-Production Of Original Rent Agreement In Civil Suit: HP High Court

The Himachal Pradesh High Court has held that a party cannot rely on the old age of a person to justify his failure to produce the witness or prove the alleged original rent agreement in a civil suit.The Court reiterated that when a witness is aged, the law provides a clear mechanism for recording such testimony through a Court-appointed Commissioner. Justice Ajay Mohan Goel remarked that:...

Delay Due To Heavy Rains, Road Blockages Does Not Violate Right To Speedy Trial: HP High Court

The Himachal Pradesh High Court held that the right to speedy trial is not violated when the delay in trial proceedings was due to unavoidable external factors such as road blockages caused by heavy rain.Justice Rakesh Kainthla remarked that: “Due to road blockages from heavy rain, the prosecution could not produce witnesses. However, examining eight witnesses over one year and three...

'Owning Vehicles Not Result Of Income From Drug Trafficking, Biased Information': HP High Court Quashes Preventive Detention

The Himachal Pradesh High Court, in a case of preventive detention, has observed that the State's reliance on the petitioner's ownership of two vehicles to infer illegal income from drug trafficking was based on biased and incorrect information.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj noted: “Both the vehicles were financed from Mahindra...

Delimitation Of Wards Can't Be Done Based On Individual Grievances Under 2015 Civic Election Rules: HP High Court

The Himachal Pradesh High Court has held that electoral ward boundaries cannot be redrawn merely because a single individual is dissatisfied with population distribution.The Court further remarked that delimitation is primarily an administrative exercise involving complex geographic, demographic and boundary-based considerations. The Court reiterated Rule 4 of the Himachal Pradesh...

'Identification In Court Highly Suspect': HP High Court Discharges Two Accused In 2006 Liquor Seizure Case

The Himachal Pradesh High Court has held that lapse in establishing the identity of the accused creates a serious discrepancy in criminal cases, especially in the absence of any independent witness to confirm such identification. Justice Rakesh Kainthla observed that:“It was specifically asserted in the rukka that the drivers of the vans ran away from the spot by taking advantage...

S.324 IPC | Nature Of Victim's Wound & Cut Clothing Clearly Establish Assault, Not Accidental Fall: Himachal Pradesh High Court

In a case under Section 324 IPC, the Himachal Pradesh High Court has held that the injury sustained by the victim in the case, and the condition of his clothing, clearly disproved the accused's claim that the wound resulted from an accidental fall.Further, the Court observed that according to the medical and forensic evidence, the wound on the victim's shoulder made it evident that it was due...

Monthly Income Of Deceased Rightly Assessed In Motor Accident Cases When Salary Certificate Is Unchallenged: HP High Court

The Himachal Pradesh High Court has held that the monthly income of a deceased is deemed to be rightly assessed when the salary certificate is proved and it is not challenged during cross-examination.Justice Jiya Lal Bhardwaj remarked that: “The Court found that the Tribunal correctly assessed the deceased's monthly income as ₹25,000, noting that the salary certificate was proved and...