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...

Himachal Pradesh High Court Issues Notice To Kangana Ranaut On Plea Challenging Her Lok Sabha Election From Mandi

On Wednesday, the Himachal Pradesh High Court issued a notice to Actress Kangana Ranaut on a petition challenging her election as a Member of Parliament from the Mandi Lok Sabha seat. A bench of Justice Jyotsna Rewal Dua issued the notice to Ranaut, directing her to respond to the petition by August 21. Laik Ram Negi has filed this election petition claiming that the Returning...

Divorced Wife Not Disentitled To Maintenance On Grounds That She Is Living In Adultery: Himachal Pradesh High Court

The Himachal Pradesh High Court has observed that a divorced wife is not automatically disqualified from receiving maintenance solely on the grounds of living in adultery. A bench of Justice Rakesh Kainthla observed this while dismissing a plea moved by a man challenging an order passed by the Additional Chief Judicial Magistrate in Shimla to issue a warrant for the attachment...

Himachal Pradesh High Court Denies ₹280 Crore Refund To Adani Power In Hydro-Electric Projects Dispute

The Himachal Pradesh High Court has set aside its previous order directing the State to refund over ₹280 crore to Adani Power Limited in a Hydro-Electric Projects Dispute concluding that the financial arrangements made by Brakel Corporation with Adani Power were not approved by the State, violating the tender conditions and the Hydro Power Policy.Overturning the previous order, the court...

Touching Female Students Inappropriately On Back & Neck, Making Comments About Their Dress Will Attract S. 7 POCSO Act: HP High Court

The Himachal Pradesh High Court has observed that a teacher's inappropriate physical contact with female students, along with comments about their attire, would constitute an offence under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act 2012, which punishes acts of 'Sexual assault'. A bench of Justice Rakesh Kainthla noted that the physical contact made by...