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...

Bail Proceedings Can't Be Turned Into Recovery Proceedings In Monetary Disputes: Himachal Pradesh High Court

Recognizing that the issue of recovering money is a civil matter and should be addressed through appropriate legal channels, and not in criminal proceedings, the Himachal Pradesh High Court has reiterated that bail proceedings should not be utilized as a means for recovery in monetary disputes.Allowing the bail applications of accused/petitioners, Justice Rakesh Kainthla observed,“..The...

Section 21 POCSO Act Bailable, Pre-Arrest Bail Not Maintainable: Himachal Pradesh High Court

The Himachal Pradesh High Court has clarified that an offence under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act is a bailable offence and hence an application for pre-arrest bail under Section 438 CrPC is not maintainable in such cases.Justice Rakesh Kainthla observed,“...a person accused of a bailable offence is entitled to bail as a matter of right....

Himachal Rains: High Court Seeks Status Report On Repair Of Damaged Highways

The Himachal Pradesh High Court has directed the Advocate General of the State to file a status report indicating the measures that have been undertaken to repair the State Highways, damaged due to landslides triggered by incessant rains earlier this year.A bench comprising Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua passed these directions while hearing a Public...

Himachal Pradesh High Court Weekly RoundUp: November 6 - November 12, 2023

Nominal Index: H.P. Public Service Commission VS Roop Lal and others 2023 LiveLaw (HP) 70Abhishek Arora Vs State of Himachal Pradesh 2023 LiveLaw (HP) 71Mohammad Nadeem Akram Vs State of Himachal Pradesh 2023 LiveLaw (HP) 72Chaman Lal & others Vs State of H.P. & others 2023 LiveLaw (HP) 73Ranjeet Kumar Vs State Of HP 2023 LiveLaw (HP) 74Judgments/Orders:Merit-cum-Seniority Distinct...

Can Offences Under POCSO Act Be Quashed If Accused Marries Victim? Himachal Pradesh High Court Refers Issue To Larger Bench

The Himachal Pradesh High Court has questioned the viability of quashing cases under the Protection of Children from Sexual Offences Act (POCSO) based on compromise between the parties. Disagreeing with the views taken by the Co-ordinate Bench of the Court which quashed the FIRs under the Act in similar circumstances, Justice Virendra Singh has referred the matter to a larger bench. The...

State A Model Employer, Can't Use Contractual Appointments To Deny Workers Service Benefits: Himachal Pradesh High Court

The Himachal Pradesh High Court has criticised the state government for its exploitative employment practices and observed that the state is expected to uphold the highest standards as a Model Employer and guardian of citizens' rights. A bench of Justices Vivek Singh Thakur and Bipin Chander Negi further added that offering contractual appointments at the outset, purely to withhold...

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court

The Himachal Pradesh High Court has reiterated that evidence from official witnesses should not be doubted merely because of their official status and asserted that the presumption is that every witness is impartial and independent unless proven contrary.However, a bench of Justices Tarlok Singh Chauhan and Ranjan Sharma also clarified that before basing a conviction on the evidence of...