Himachal Pradesh High Court
Secondary Evidence Allowed Only Upon Strict Proof Of Loss Or Destruction Of Original Document: HP High Court
The Himachal Pradesh High Court has held that courts can permit secondary evidence only upon strict proof that the original document is lost, destroyed, or withheld by the opposing party. Mere allegations or unsubstantiated claims of loss are insufficient grounds for such permission.Justice Ajay Mohan Goel observed that: “An inquiry report revealed that no original document was submitted by...
HP High Court Orders Finance Secy To Appear With ₹10 Crore Draft Over State's Failure To Release Funds For Judiciary; Warns Of Contempt
The Himachal Pradesh High Court has directed the Finance Secretary of Himachal Pradesh to personally appear with a draft of Rs 10 crore on November 13, with a warning that failure to comply would initiate contempt proceedings.However, the Court also clarified that if the outstanding amount, which is to be sanctioned for the day-to-day running of the judiciary, is cleared and disbursed before...
Shortfall In Land Area Not A Defect In Title: HP High Court Quashes HIMUDA's Order Withholding Payment Of Landowners
The Himachal Pradesh High Court has quashed a communication issued by the Himachal Pradesh Housing and Urban Development Authority , which had withheld payment of to the landowners on the ground that a shortfall in the land area could not be treated as a defect in title under the sale deed.Justice Ajay Mohan Goel said: “This Court is of the considered view that defect in title of land cannot...
Himachal Pradesh High Court Weekly Round-Up: October 27, 2025 To November 2, 2025
Citations: 2025 LiveLaw (HP) 202 to 2025 LiveLaw (HP) 213 Nominal Index: Mahindra and Mahindra Finance Services Limited & another v/s Smt. Basanti Devi., 2025 LiveLaw (HP) 202 Kapil Dev v/s State of H.P., 2025 LiveLaw (HP) 203 Lekh Ram & another v/s State of H.P., 2025 LiveLaw (HP) 204 Ugma Ram v/s State of Himachal Pradesh.,2025 LiveLaw...
Employer Cannot Cite Delay To Deny Employee's Claim When It Failed To Respond To Representation For Years: HP High Court
The Himachal Pradesh High Court dismissed an appeal filed by the National Institute of Technology, Delhi, challenging a Single Judge's order that quashed the withdrawal of a retired employee's higher grade pay and directed the institute to reconsider his claim for financial upgradation. The Court held that the delay was caused by NIT's failure to respond to the employee's...
Section 10 CPC Deals With Stay Of Subsequent Suits, Not Clubbing Or Consolidation Of Cases: Himachal Pradesh High Court
The Himachal Pradesh High Court held that Section 10 of the Civil Procedure Code has nothing to do with the connection with consolidation or clubbing of suits. It provides for the stay of subsequent suits filed between the same parties on the same cause of action.Justice Ajay Mohan Goel remarked that: “Section 10 of the Civil Procedure Code has got nothing to do with the issue of clubbing...
Industrial Disputes Act | Govt Can't Amend Industrial Dispute Reference Without Fresh Demand: HP High Court
The Himachal Pradesh High Court has held that in the absence of any demand or dispute regarding termination the government does not have any authority to refer the issue to the Labour Court.The Court clarified that such termination could only be taken up through a fresh industrial dispute or a direct application under Section 2A of the Industrial Disputes Act.Justice Ajay Mohan Goel...
'Denial Would Punish Family': HP High Court Grants Probation To Man Convicted Of Rash Driving After 20 Years
The Himachal Pradesh High Court granted probation to a man after 20 years who was convicted of rash and negligent driving. The Court took into account his good conduct, long pendency of trial, and the reformatory nature of criminal law.Justice Virender Singh remarked that: “Rejecting the prayer of the convict to release him on probation, would amount to punishing his family members, for...
Causing Injury To Public Servant On Duty Must Be Viewed Seriously; 6-Month Sentence Not Excessive: HP High Court
The Himachal Pradesh High Court has held that injury to a public servant while on official duty must be viewed seriously and a punishment of six months is not excessive in such cases.Justice Rakesh Kainthla remarked that: “a sentence of six months cannot be said to be excessive because a public servant was injured while discharging his official duties, and such acts are to be...
School Management Committee Is Statutory Body Under RTE Act; Recovery For Financial Irregularities Cannot Be Made From Single Teacher: HP HC
The Himachal Pradesh High Court held that the School Management Committee is a statutory body under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, and recovery for financial discrepancies can't be imposed on a single teacher.The Court further remarked that it is the management committee that collectively monitors government grants, so fixing recovery solely on...
Junior Can't Draw Higher Pay Than Senior Under 2022 Civil Service Rules; Recovery Barred If Excess Due To Departmental Error: HP High Court
The Himachal Pradesh High Court has held that, as per the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, a government employee's pay can't exceed that of their immediate senior.However, the Court quashed the recovery of excess salary paid to the petitioner, as the excess payment made occurred due to a departmental error.Justice Jyotsna Rewal Dua remarked that: “Admittedly, a...
Casual Absence Of Govt Officials Not “Sufficient Cause” To Condone Delay In Challenging Arbitral Award: HP High Court
The Himachal Pradesh High Court has dismissed an application filed by the Himachal Pradesh State Electricity Board seeking condonation of delay in filing objections against an arbitral award passed in favour of HCL Infotech Ltd., holding that bureaucratic delays and internal movement of files do not constitute sufficient cause for delay.Rejecting the State's contention, the Court remarked...