Income Tax Act | HP High Court Stays Reassessment Proceedings U/S 148 As Validity Of Notices Were Pending Before SC

The Himachal Pradesh High Court has stayed reassessment proceedings initiated against an assessee under Section 148 of the Income Tax Act, 1961, noting that the validity of such notices is already under consideration before the Supreme Court. A Division Bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma passed the order while hearing a writ petition which had...

Entry-Tax Interest & Penalty From Employer's Delay Cannot Be Shifted To Contractor In Arbitration: HP High Court

The Himachal Pradesh High Court has recently clarified that statutory interest and penalty arising from delayed payment of entry tax cannot be shifted onto a contractor when the delay was caused by the employer's own failure to act in time, and where the arbitral tribunal had consciously restricted the contractor's scope of liability. Justice Ajay Mohan Goel in an order dated...

HP High Court Questions Shifting Of RERA Office From Shimla To Dharamshala; Interim Order Restraining Shift To Continue

The Himachal Pradesh High Court admitted a petition challenging the decision of the State Government to shift the Real Estate Regulatory Authority office from Shimla to Dharamshala.The Court remarked that RERA was a small institution with limited manpower and that the State ought to consider relocating larger offices instead of burdening a statutory authority with minimal staff.A Division...

State Cannot Deny Work-Charged Benefits To Eligible Worker On Ground Of Cadre Abolition: HP High Court

The Himachal Pradesh High Court held that abolition of the work-charged establishment in 2005 could not nullify a right that had already accrued in favour of the employee in 2003. Justice Ranjan Sharma remarked that: “Once a right for work charge status had accrued to the petitioner on completion of 8 years of continuous service w.e.f. 01.01.2003… the abolition of work charge establishment...

Employee Who Forgoes Earlier Promotion Can't Claim Reconsideration Within One Year: HP High Court

The Himachal Pradesh High Court dismissed a writ petition filed by Indu Sharma, a retired Junior Assistant, challenging the placement and promotion of her juniors to the post of Senior Assistant in the Department of Language and Culture.Justice Ranjan Sharma remarked that: “If an employee was promoted to a higher post and such an employee refuse or foregoes his promotion then, the said...

Negligence Not Bona Fide: Himachal Pradesh High Court Rejects Plea To Extend Time For Depositing Deficient Court Fee

The Himachal Pradesh High Court dismissed a petition filed by Satish Kumar, refusing to interfere with the Trial Court's order which denied extension of time for depositing deficient court fee in a decree for specific performance. The Court held that the petitioner failed to establish bona fide reasons or absence of negligence and therefore did not deserve discretionary relief under Article...

Himachal Pradesh High Court Annual Digest 2025

Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC Case Title: The Executive Engineer, I & PH Division, Bilaspur Versus Ramesh Khaneja Citation: 2025 LiveLaw (HP) 1 The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Satyen Vaidya held that the award being primarily based on consent cannot...

Mere Interest In Project Does Not Justify Impleadment Of Non-Signatory In Arbitration Without Contractual Participation: HP High Court

The Himachal Pradesh High Court dismissed a writ petition holding that mere financial or consequential interest was insufficient to implead a non-signatory in the arbitration proceedings unless the stringent tests as laid down by the Supreme Court which include participation in the negotiation, performance or termination of contract were satisfied. Justice Ajay Mohan Goel...

Discharge During Probation Not Punitive Merely Due To Pending Criminal Case: Himachal Pradesh High Court Dismisses Peon's Plea

The Himachal Pradesh High Court dismissed a writ petition filed by Faqeer Chand, who challenged his discharge from service during the period of probation while working as a Peon in the establishment of the High Court.The Court held that the impugned order was a discharge, passed in accordance with the terms of appointment and service rules, and did not amount to a punitive or...

“Prosecutrix Step By Step Made Improvements In Her Version”: HP High Court Upholds Acquittal In Rape And Criminal Intimidation Case

Himachal Pradesh High Court upheld acquittal of an accused in rape and criminal intimidation case, holding that that the testimony of the prosecutrix did not inspire confidence, as it was full of material contradictions and made improvements at every stage of the proceedings.The Court further remarked that the prosecutrix exaggerated her version over time, which made it impossible to rely on...

No Rational Nexus In Restricting Hospital Sanitation Tenders To Those With In-State Experience: Himachal Pradesh High Court

The Himachal Pradesh High Court passed directions in a case which challenges Clause F(c) in the Notices Inviting Tenders issued by the Health & Family Welfare Department.For reference: “Clause F(c) prescribes that only firms with prior experience of hospital sanitation within the State of Himachal Pradesh shall be eligible to tender for sanitation services in public...

Himachal Pradesh High Court Monthly Digest: November 2025

Citations: 2025 LiveLaw (HP) 212 to 2025 LiveLaw (HP) 245 Nominal Index: Auckland House School & others v/s State of Himachal Pradesh & others., 2025 LiveLaw (HP) 212 Hardeep Singh v/s Manohar Lal and others.,2025 LiveLaw (HP) 213 National Institute of Technology, Delhi v/s Raj Kamal Verma and others.,2025 LiveLaw (HP) 214 Sachin Shridhar & others v/s...