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 Himachal Pradesh High Court

NHAI Not A Necessary Party In Motor Accident Compensation Proceedings: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the National Highways Authority of India (NHAI) and its road contractor are neither necessary nor proper parties in proceedings before a Motor Accident Claims Tribunal (MACT), as the Tribunal is empowered under Section 168 of the Motor Vehicles Act to pass an award only against the insurer, owner or driver of the offending vehicle. The Court...

Cheque Dishonoured As Old Cheque After Bank Merger Can Still Attract Section 138 NI Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has refused to quash a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act merely because the cheque was returned with the endorsement "88–Old Cheque" following the merger of Oriental Bank of Commerce with Punjab National Bank. The Court held that the expression "insufficient funds" under Section 138 is not to be construed narrowly...

Parents Not Liable For Contraband Allegedly Kept By Adult Child At Their House: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that parents cannot automatically be held liable for contraband allegedly kept by their adult child merely because it was recovered from the parents' house. Justice Sandeep Sharma remarked that: “Investigating Agency, after having noticed name of the co-accused Pratibha @ Preeti on envelope containing contraband, had already arrived at conclusion...

State Cant Take Advantage Of Own Wrong To Deny Reinstated Workman Wages Pending Challenge To Labour Court Award: HP High Court

The Himachal Pradesh High Court has held that State cannot deny a reinstated workman benefits of full last-drawn wages and take advantage of its own wrong by filing a plea challenging the reinstatement award with considerable delay to the detriment of the workman. In doing so the court dismissed the State government's appeal against single judge's order directing it to pay a daily-wage...

HP High Court Calls For Contempt Action Against Litigant Who Accused Magistrate Of Corruption, Says Baseless Allegations Scandalise Judiciary

After a litigant made reckless and unsubstantiated allegations of corruption against a Judicial Magistrate, the Himachal Pradesh High Court has directed that the matter be placed before the Chief Justice to constitute an appropriate Bench to consider initiating criminal contempt proceedings.The Court further Observed that baseless accusations against judicial officers amount to an attempt...

HP High Court Directs State To Return Land Given For Government School After Closure Due To Zero Enrolment

The Himachal Pradesh High Court has held that the State cannot continue to retain land provided for the establishment of a government school after the very purpose for which it was given has been abandoned. Observing that the Education Department could not retain possession of the land following the closure of the school due to zero student enrolment, the Court directed the State to...

JJ Act | FIR Against School Principal For Calling Student Thief Cant Be Quashed Merely Due To Absence Of Trauma In Child: HP High Court

The Himachal Pradesh High Court held that the absence of clinical signs of trauma in a psychologist's report is not a ground to quash an FIR under Section 75 of the Juvenile Justice Act. Whether the child actually suffered mental trauma is a matter of evidence to be determined during trial, and the allegations themselves, if accepted at face value, were sufficient to disclose a prima...

Kasol Rave Party: HP High Court Orders Transfer Of Kullu Deputy Commissioner, SP, SDM For Granting Silent Permission; Orders SIT Probe

The Himachal Pradesh High Court has come down heavily on the Kasol district administration over the organisation of large-scale rave parties in the hamlet, observing that the events appeared to have been conducted with “tacit permission” and possible collusion of officials.Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi observed, "...had there not been an intervention by the...

Himachal Pradesh Water Cess Revived? High Court Stays Coercive Action On ₹16.32 Crore Demand Against Punjab Power Corporation

The Punjab State Power Corporation Limited (PSPCL) has approached the Himachal Pradesh High Court, challenging the constitutional validity of the Himachal Pradesh Land Revenue (Amendment) Ordinance, 2025, the Himachal Pradesh Land Revenue (Special Assessment) Amendment Rules, 2025, and consequential actions including a demand of ₹16.324 crore raised on the Corporation.Justice Vivek Singh...

Delay In Investigation Not A Ground To Quash Corruption FIR Unless Accused Shows Prejudice To Fair Trial: HP High Court

The Himachal Pradesh High Court has held that an FIR registered under the Prevention of Corruption Act cannot be quashed merely on the ground of delay in investigation or filing of the charge-sheet, unless the accused demonstrates that such delay has caused prejudice affecting a fair trial. Dismissing a petition seeking quashing of corruption proceedings arising from alleged irregularities in...