No Cumulative Rate Of Increase In Value Can Be Granted When There Is Short Gap Between Sale Deed & Land Acquisition Notice: HP High Court

The Himachal Pradesh High Court has held that when the gap between the sale transaction date and the land acquisition notification is short, a cumulative rate of increase cannot be granted while assessing the market value of the land.The Court remarked that since the sale deed and the acquisition notification were issued within a period of nine months, no cumulative rate of increase could...

Execution Petition Not Maintainable Merely Because Award Debtor's Bank Has Branches In State; Jurisdiction Lies Where Account Is Kept: HP High Court

The Himachal Pradesh High Court has held that an execution petition is not maintainable in any state where the award debtor's bank has branches. The Court remarked that it will only be maintainable in the State where the award debtor maintains a bank account.Justice Ajay Mohan Goel remarked that: “Simply because the award debtor has an account in a bank in Chhattisgarh, which bank also has...

Himachal Pradesh High Court Denies Zydus Interim Relief In 'Glucon-D v Glucose-D' Trademark Case

The Himachal Pradesh High Court has recently refused to grant interim relief to Zydus Wellness Products Ltd., which had sought to restrain Leeford Healthcare Ltd. from using the marks “Glucose-D” and “Glucose-C” for its glucose-based products. A single bench of Justice Sandeep Sharma, in an order dated November 11, 2025, held that a company cannot claim exclusive rights over...

Himachal Pradesh High Court Weekly Round-Up: November 2,2025 To November 9, 2025

Citations: 2025 LiveLaw (HP) 214 to 2025 LiveLaw (HP) 219 Nominal Index: National Institute of Technology, Delhi v/s Raj Kamal Verma and others.,2025 LiveLaw (HP) 214 Sachin Shridhar & others v/s Himachal Pradesh Housing & Urban Development Authority.,2025 LiveLaw (HP) 215 Shri Mansha Ram v/s Shri Amar Nath (since deceased) through Lrs. Sh. Ashok Kumar and...

Arbitral Award Without Corroboration Of Claim Certificate Patently Illegal: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when there is no appearance of a qualified person to corroborate the claim certificate, the arbitral award suffers patent illegality.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma remarked that: “In the absence of corroboration of the certificate… and any qualified person putting in appearance, the award of...

MV Act | Driver Not Jointly Liable For Accident; Owner Of Vehicle Solely Responsible To Pay Interim Compensation: HP High Court

The Himachal Pradesh High Court has held that under Section 140 of the Motor Vehicles Act, 1988, only the owner of a vehicle can be held liable to pay interim compensation on the principle of “no fault” and the driver of the vehicle cannot be made jointly liable with the owner.Justice Sushil Kukreja remarked that: “The driver could not have been made liable to pay the compensation...

HP Land Revenue Act | Assistant Collector Must Act As Civil Court When There Is Plea Of Adverse Possession: HP High Court

The Himachal Pradesh High Court held that when a person facing eviction under Section 163 of the H.P. Land Revenue Act, 1954 (which empowers revenue authorities to remove encroachments from Government land) raises a plea of adverse possession, the Assistant Collector must convert himself into a Civil Court as per Section 163(3) of the Act.Justice Ajay Mohan Goel remarked that: “It was...

Deceased Cannot Waive Dependents' Right To Motor Accident Compensation: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a deceased person cannot relinquish the statutory right of his dependents to claim compensation under the Motor Vehicles Act, 1988.Justice Vivek Singh Thakur remarked that: “A person can relinquish his personal claim, but not the claim of other family members or dependents by swearing an affidavit or giving undertaking.”The appeal was filed...

Civic Body Cannot Label Occupant As Trespasser After Seeking Voluntary Vacation On Promise Of Re-Allotment: HP High Court

The Himachal Pradesh High Court has held that a Municipal Corporation can't raise the issue of trespassing by a former occupant, after it had sought vacation of the premises on the promise of re-allotment.Justice Ajay Mohan Goel remarked that: “The respondent–Corporation which got the premises vacated from the petitioner on the promise of the petitioner being put back in possession…...

Himachal Pradesh High Court Gives NHAI 10 Days To Repair Parwanoo–Shimla Highway; Toll Collection To Remain Suspended Till Work Is Complete

The Himachal Pradesh High Court has granted the State and NHAI a window of 10 days to complete the work of Parwanoo- Shimla Highway, and stated that only if the work is completed, would toll collection be allowed from 12th November, 2025 onwards.The Court issued several directions to ensure timely completion and safe road conditions. It directed the State to assist NHAI in overcoming...

Legal Services Authorities Act | Executive Chairman Competent To Delegate Disciplinary Powers To DLSA: HP High Court

The Himachal Pradesh High Court has held that the Executive Chairman of the State Legal Services Authority is legally competent to delegate disciplinary powers to the District Legal Services Authority.It was stated that since proper authorisation took place and no procedural irregularity was found, the disciplinary proceedings against the petitioner were valid.A Division Bench of Chief...

Secondary Evidence Allowed Only Upon Strict Proof Of Loss Or Destruction Of Original Document: HP High Court

The Himachal Pradesh High Court has held that courts can permit secondary evidence only upon strict proof that the original document is lost, destroyed, or withheld by the opposing party. Mere allegations or unsubstantiated claims of loss are insufficient grounds for such permission.Justice Ajay Mohan Goel observed that: “An inquiry report revealed that no original document was submitted by...