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...

'Only He Was Injured In Road Accident, Offence Not Against Society': HP High Court Quashes Rash Driving Case Against Advocate

The Himachal Pradesh High Court has quashed criminal proceedings against an advocate accused under Sections 279 and 337 of the Indian Penal Code (IPC) holding that the personal nature of an offence can render continued criminal proceedings unjust.Justice Sushil Kukreja observed that only the petitioner had been injured in the accident and there were no other casualties, thereby disqualifying...

Himachal Pradesh High Court Weekly Roundup: October 9 - October 15, 2023

Nominal Index:Dilbag Singh vs. Vipan Kumar & other 2023 LiveLaw (HP) 66State Of Himachal Pradesh vs. Ved Prakash & Ors 2023 LiveLaw (HP) 67Rudra- XI Infrastructure Pvt. Ltd v. Municipal Corporation of Shimla 2023 LiveLaw (HP) 68Puran Singh v. Land Acquisition Officer 2023 LiveLaw (HP) 69H.P. Public Service Commission VS Roop Lal and others 2023 LiveLaw (HP)...

Merit-cum-Seniority Distinct From Seniority-cum-Merit, Can't Promote Less Meritorious Sr Candidate Over More Meritorious Jr Candidate In Former: HP High Court

The Himachal Pradesh High Court has clarified that the tendency to mix 'seniority-cum-merit' and 'merit-cum-seniority' principles should be avoided while deciding promotion cases since the two concepts have distinct meanings and applications.A bench comprising Chief Justice M S Ramachandra Rao and Justice Jyostna Rewal Dua referenced Ravikumar Dhansukhlal Maheta and another Vs. High Court...

Arbitrator Appointed Under The Provisions Of National Highways Act Is Bound By Section 29A Of The A&C Act, Award Must Be Delivered Without Undue Delay: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that an arbitrator appointed under the provisions of National Highways Act, 1956 is bound to deliver an arbitral award within the time limit prescribed under Section 29A of the A&C Act. Section 29A of the A&C Act provides that an arbitrator must make an arbitral award within a period of 12 months from the date of completion of...

Bank Guarantee Expired During The Stay Period, Must Be Renewed Once The Order Granting Stay Is Vacated Due To Withdrawal Of Petition: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that Bank Guarantee expired during the stay period, must be renewed once the order granting stay is vacated due to withdrawal of petition. The bench of Justice Rakesh Kainthla held that principle of restitution demands that the party, who had received the benefit of an order should make restitution to the other party for what he had lost, if...