Tax Department Can't Create Charge On Property Of Corporate Debtor During Currency Of Moratorium Imposed By NCLT: Himachal Pradesh HC

The Himachal High Court held that once the corporate debtor is directed to be liquidated by the NCLT u/s 33(5) of Insolvency & Bankruptcy Code (IBC), no legal proceeding could be instituted by or against him by the Tax Authorities.Thus, the High Court clarified that the red entry/charge created by the Revenue Department on the property of the petitioner-company during the currency of...

Criminal Complaint Cannot Be Quashed Solely On Grounds Of Being Initiated Due To Political Vendetta: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently held that a criminal complaint cannot be quashed solely because it was initiated due to political rivalry. The court was hearing a petition for the quashing of an FIR filed against the petitioners under Section 39(1)(a) of the Himachal Pradesh Excise Act and Section 171E read with Section 34 of the Indian Penal Code. The FIR stemmed from...

If State GST Has Started Proceedings, They Must Complete The Process; It Cannot Be Transferred To Central GST: Himachal Pradesh High Court

The Himachal Pradesh High Court stated that the State and Central Governments have been extended the same powers under the CGST and SGST Act and if one of the officers has already initiated proceedings, the same cannot be transferred to another and he alone is to issue process under the Act and take it to its logical end.The Bench of Justice Tarlok Singh Chauhan observed that “….where...

Himachal Pradesh High Court Weekly Roundup: September 9 - September 15, 2024

Nominal Index [Citations 52-57]:Kamlu vs Collector Land Acquisition 2024 LiveLaw (HP) 52Novenco Building & Industry A/S v/s Xero Energy Engineering Solutions Private Ltd. & Another 2024 LiveLaw (JKL) 53State of H.P. and another vs M/s Mengi Engineering Company 2024 LiveLaw (HP) 54Aeronfly International Private Limited Versus State of Himachal Pradesh and Others 2024 LiveLaw (HP)...

Himachal Pradesh HC Rejects Challenge To Maintainability Of Abhishek Manu Singhvi's Plea Against Rajya Sabha Poll Defeat

On Monday, the Himachal Pradesh High Court UPHELD the maintainability of Congress' Rajya Sabha MP and Senior Advocate Dr. Abhishek Manu Singhvi's election plea challenging his defeat in the Rajya Sabha polls of February 2024. A bench of Justice Jyotsna Rewal Dua DISMISSED an application moved by BJP Rajya Sabha MP Harsh Mahajan to reject the election petition filed by Dr...

Transgender Persons Cannot Invoke Section 69 Of BNS In False Promise Of Marriage Cases: Himachal Pradesh High Court

Clarifying the limitations of Section 69 of Bharatiya Nyaya Sanhita (BNS) 2023, particularly in cases involving transgender individuals the Himachal Pradesh High Court has clarified that a transgender cannot invoke Section 69 of the which penalizes sexual intercourse on a false promise of marriage.While explaining the actual mandate of Sec 69 and confirming the interim bail of an accused...

Section 91 Cr.P.C. Does Not Empower Investigating Agency To Order 'Debit Freeze' Of Bank Account: Himachal Pradesh High Court

The Himachal Pradesh High Court has quashed a notice issued under Section 91 of the Code of Criminal Procedure (Cr.P.C.) by the Cyber Cell, Kullu, which directed ICICI Bank to freeze the bank accounts of a company in connection with an alleged cyber fraud.The court, presided by Justice Sandeep Sharma, held that the powers granted under Section 91 Cr.P.C. are limited to producing documents...

Tossing Award File From One Table To Other By State Not Enough To Condone Delay ; Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that the explanation for the delay in filing objections under Section 34(1) of the Arbitration and Conciliation Act, 1996 is insufficient to justify condoning the delay if it appears that the file was merely tossed from one table to the other by the State. Brief Facts: The objectors/applicants, State...

[Commercial Courts Act] Himachal Pradesh High Court Nixes Patent Infringement Lawsuit As No Urgency Shown To Not Follow "Pre Litigation Mediation"

The Himachal Pradesh High Court rejected a patents and design infringement lawsuit after observing that it did not contemplate any "urgent relief" and the interim relief plea was filed by the plaintiff just to "wriggle out" of the pre-litigation mediation mandate under Section 12A of Commercial Courts Act. For context, Section 12A states that a suit which does not contemplate any urgent...

Sec 151 CPC Application Not Maintainable When Sect 29A(4) Of Arbitration Act Applies, Incorrect Quote Of Section Not Grounds For Dismissal: HP High Court

The Himachal High Court bench of Justice Rakesh Kainthla has held that an application under Section 151 of the CPC is not maintainable when a specific provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for extending the time of arbitration proceedings. However, the bench also held that the application cannot be dismissed solely because it cited...

Himachal Pradesh High Court Weekly Round-Up: August 19 - August 25, 2024

Nominal Index [Citations 45 - 51]:Shehwaz Khan State of H.P and Anr. 2024 LiveLaw (HP) 45Shanker Singh Verma & Ors. Versus State of H.P. & Anr. 2024 LiveLaw (HP) 46Himachal Pradesh State Electricity Board Limited Versus Raj Kumar and another 2024 LiveLaw (HP) 47Harnam Singh. Versus Champa Devi. 2024 LiveLaw (HP) 48Sumit Khanna and another Versus Kanchan Sunil Adani and others 2024...

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court

The Himachal Pradesh High Court has ruled that under Section 147 of the Negotiable Instruments Act, 1881, offences can be compounded even after the recording of a conviction by the court.Justice Sandeep Sharma delivered this judgment while hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act. The...