'A Foreigner Has No Right To Remain On Indian Soil Post Visa Expiry': HP High Court Denies Bail To Man Booked U/S 14 Foreigners Act

Denying bail to a foreign national accused of violating Section 14 of the Foreigners Act, the Himachal Pradesh High Court has reiterated that bail cannot be granted to a foreigner accused of committing an offence punishable under Section 14 of the Foreigners Act.Justice Rakesh Kainthla while citing certain precedents has observed,“No foreigner has any right to enter or remain in India. He...

Himachal Pradesh High Court Weekly Roundup December 18 - December 24, 2023

Nominal Index:Sh. Sanjeev Kumar alias Sanjeev Raizada Vs Sh. Yudhvir Singh 2023 LiveLaw (HP) 80State of Himachal Pradesh & anr Vs Ramesh Chand & anr 2023 LiveLaw (HP) 81Gagnesh Thakur Vs Vishal Awasthi 2023 LiveLaw (HP) 82State of H.P Vs Shaul Borov 2023 LiveLaw (HP) 83Judgments/Orders: Parties Barred From Using Court To 'Create Evidence' By Seeking Appointment Of Commissioner Under...

In Sentence Enhancement Appeals, HC Can't Convert Conviction In Lesser Offence Into Graver Offence: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently ruled that when a person is charged with a graver offence but is convicted of lesser offences, it amounts to the acquittal of the serious offence. It is not permissible for the High Court to convert the lesser offence into a serious offence in an appeal for enhancement of sentence, the court clarified.A bench of Justice Rakesh...

HP High Court Directs DLSA Secy To Inspect Cow Sanctuary Amidst Allegations Of Animal Neglect

The Himachal Pradesh High Court has ordered an independent inspection of the Radhe Krishna Cow Sanctuary in Luthan, Kangra, following allegations of animal neglect and mismanagement.A direction to this effect came on the heels of a Public Interest Litigation (PIL) filed by Pawan Kumar, alleging rampant neglect and mismanagement leading to the deaths of over 1200 cows within just two...

S. 311 CrPC Not Only Aims To Do Substantial Justice But Also Intends To Establish An Orderly Society: HP High Court

Highlighting that the power granted under Section 311 CrPC is essential to ensuring substantial justice and maintaining an orderly society, the Himachal Pradesh High Court has asserted that this discretionary power can be exercised by Courts at any stage of an inquiry or trial when deemed necessary for a just decision.Justice Vivek Singh Thakur has observed,“The object and aim of the...

State Must Ensure Clean Environment, HP High Court Dismisses State Govt's Plea Challenging NGT's Jurisdiction Over Eco-Sensitive Areas

The Himachal Pradesh High Court, comprising Justices Vivek Singh Thakur and Bipin Chander Negi, has dismissed the Himachal Pradesh government's challenge to the National Green Tribunal's (NGT) jurisdiction in a case pertaining to environmental concerns in the state.A bench comprising Justices Vivek Singh Thakur and Bipin Chander Negi observed,“The existence of the Tribunal without its...

Himachal Pradesh High Court Weekly Roundup December 11 - December 17, 2023

Nominal Index:Sushil Kumar Vs State of Himachal Pradesh 2023 LiveLaw (HP) 75Geeta Kashyap v. State of Himachal Pradesh (and connected matter) 2023 LiveLaw (HP) 76Dildar Khan @ Sonu Khan Vs State of H.P 2023 LiveLaw (HP) 77State of H.P. Vs Subhash Chand 2023 LiveLaw (HP) 78Ranjeet Kumar Vs State of H.P. & Ors 2023 LiveLaw (HP) 79Sh. Sanjeev Kumar alias Sanjeev Raizada Vs Sh. Yudhvir Singh...

Parties Barred From Using Court To 'Create Evidence' By Seeking Appointment Of Commissioner Under O26 R9 CPC: HP High Court

The Himachal Pradesh High Court has ruled that a party cannot use the court to "create evidence" through the appointment of a commissioner by taking recourse to Order 26 Rule 9 CPC. Dismissing a petition under Article 227 of the Constitution of India in terms of which the petitioner had contested the dismissal of his application under Order 26, Rule 9 by the trial court Justice Ajay Mohan...

POCSO Cases Can Be Quashed If Victim & Accused Reach A Genuine Compromise, Are Leading Happy Married Life: HP High Court

The Himachal Pradesh High Court has ruled that Protection of Children from Sexual Offences Act (POCSO) cases can be quashed if the victim and the accused reach a genuine compromise and are leading a happy married life.Answering a reference from a single Judge of the Court as to whether the High Court could quash an FIR based on a compromise in a POCSO case by invoking its powers under...

Probation Of Offenders Act | Benefit Cannot Be Granted In An Offence Involving Rash & Negligent Driving: Himachal Pradesh High Court

Denying the benefit of the Probation of Offenders Act to a convict charged with rash and negligent driving, the Himachal Pradesh High Court has ruled that the benefit of the Act cannot be granted to a person convicted of causing death by negligence punishable under Section 304-A of IPC.Justice Rakesk Kainthla made these observations while deciding on an application under which...

Proclaimed Offenders Not Entitled To Privilege Of Pre-Arrest Bail: Himachal Pradesh High Court

Highlighting the extraordinary nature of pre-arrest bail and its sparing use the Himachal Pradesh High Court has recently reiterated that once a person is declared a proclaimed offender he is not entitled to the liberty of Pre-Arrest bail.Justice Rajesk Kainthala made these observations in a case centered around petitioner Dildar Khan alias Sonu Khan, who was accused of possessing a...

Rohru Hospital Staff Shortage | High Court Pulls Up Himachal Pradesh Director Of Health For "Dilatory Tactics" In Filling Vacancies

In a scathing verdict on the Himachal Pradesh government, the High Court has demanded a detailed report explaining the "dilatory tactics" employed in addressing the severe staff shortage at Rohru Civil Hospital. The Court, acting on a Suo Motu Public Interest Litigation (PIL) expressed deep concern about the lack of progress despite previous directives.Earlier this year the High Court had...