CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. cannot be invoked when an alternative remedy is available under Section 320(1) for the compounding of offences.The ruling came as the court dismissed a petition seeking to quash an FIR registered under Sections 323, 504, and 506 read with Section 34 of the IPC. The court emphasized that...

Only CPC Provisions Mentioned In RERA Act Apply To RERA Proceedings, Remaining Provisions Intentionally Excluded By Legislature: HP High Court

Addressing the extent to which the provisions of the Code of Civil Procedure, 1908 (CPC), apply to proceedings before the Real Estate Regulatory Authority (RERA), the Himachal Pradesh High Court has ruled that only those provisions of the CPC explicitly mentioned in the Real Estate (Regulation and Development) Act, 2016, apply to RERA proceedings, while other provisions were...

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court

The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law.The judgment, delivered by Justice Jyotsna Rewal Dua, revolves around the interplay between Sections 3 and 5 of the Limitation Act.Justice Dua reiterated the principle put forward by...

Not Filing Separate Appeals Against Dismissal Of Suit And Decree In Counter Claim Acts As Res Judicata: Himachal Pradesh High Court

The Himachal Pradesh High Court recently clarified a key procedural aspect of civil litigation, emphasizing that when a trial court passes separate decrees on a suit and a counterclaim, each decree must be contested through separate appeals. Filing a single appeal against both decrees can lead to the application of the doctrine of res judicata, barring the challenge to one of the decrees,...

Entry In Revenue Records Does Not Confer Ownership, Civil Court Appropriate Forum To Decide Title Dispute: Himachal Pradesh High Court

The Himachal Pradesh High Court has ruled that entries made in revenue records, such as mutations, do not confer ownership or title to property. Instead, such entries serve only a fiscal purpose, primarily for paying land revenue.The Court clarified that any disputes concerning the ownership or title of property, especially when based on contested documents like Wills, must be resolved by...

[Triple Talaq] Legislature Has Prohibited Instantaneous & Irrevocable Divorce, Other Forms Of Talaq Still Valid: Himachal Pradesh High Court

The Himachal Pradesh High Court has clarified that the legislative prohibition under the Muslim Women (Protection of Rights on Marriage) Act, 2019, is specifically aimed at Talaq-e-Biddat or any other similar forms of instantaneous and irrevocable divorce.The court ruled that the Act does not extend to other forms of divorce like Talaq-e-Hasan, which allows for revocation during the...

Himachal Pradesh High Court Weekly Round-Up: July 29 - August 4, 2024

Nominal Index:State of Himachal Pradesh vs XYZ 2024 LiveLaw (HP) 37Rakesh Kumar Bansal vs. State of H.P. and others 2024 LiveLaw (HP) 38The State of HP through its Secretary (Power), Government of Himachal Pradesh V/s M/s Adani Power 2024 LiveLaw (HP) 39Krishan Lal vs. Champa Devi 2024 LiveLaw (HP) 40Suresh Kumar Versus the State of H.P & Ors 2024 LiveLaw (HP) 41Rishi Raj Versus State...

Prolonged Delay In Departmental Inquiries Unacceptable: HP High Court Quashes Case Against Retd Officer Accused Of Using Fake Caste Certificate

The Himachal Pradesh High Court has quashed the departmental proceedings against a retired Forest Department officer accused of using a fake Schedule Caste certificate. The court also ordered the immediate release of his withheld retiral benefits, citing the unacceptable delays in concluding the inquiry.Justice Ajay Mohan Goel, while delivering the judgment, stated, "It is the duty of...

Plaint Can't Be Immediately Rejected For Insufficient Stamping Or Lack Of Court Fee, Opportunity To Correct Deficiency Must Be Given: HP High Court

The Himachal Pradesh High Court has ruled that a plaint cannot be dismissed solely on the grounds of insufficient stamping or the failure to affix the proper court fee, even when supported by evidence such as a spot map or witness statements.The court ruled that such procedural deficiencies should not result in the outright rejection of the plaint and that the plaintiff must be allowed to...

[Forest Conservation Act] Forest Land Cannot Be Repurposed For Non-Forest Activities Without Approval: Himachal Pradesh High Court

The High Court of Himachal Pradesh has upheld an eviction order against a petitioner, emphasizing the stringent requirements of the Forest Conservation Act, 1980. The Court reinforced that forest land cannot be repurposed for non-forest activities without the necessary approvals, underscoring the legal framework designed to protect forest areas from unauthorized use.Justice Vivek Singh Thakur...

Delay By Itself Doesn't Extinguish Govt's Authority To Refer Industrial Disputes, Relevant To Examine Whether Dispute Still Exists: HP High Court

The Himachal Pradesh High Court has ruled that a delay in raising an industrial dispute does not, by itself, denude the government of its authority to examine the advisability of referring such disputes for adjudication.The court explained that while delay is a relevant factor in determining whether a dispute still "exists," it does not automatically render the dispute stale...

Himachal Pradesh High Court Mandates Tourists To Carry Garbage Bags In Vehicles, Lays Down Comprehensive Measures To Ensure Cleaner State

In its bid to preserve the pristine environment of Himachal Pradesh, the High Court has suggested that all tourists entering the state must carry a large garbage bag in their vehicles.The bench, comprising Justices Tarlok Singh Chauhan and Sushil Kukreja, emphasized that the state should take inspiration from Sikkim, which has already implemented a similar mandate for tourists. This...