'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...

'False Rape Allegations Cause Humiliation, Damage To Accused': Himachal Pradesh High Court Upholds Acquittal Of 4

The Himachal Pradesh High Court recently upheld the acquittal of a rape accused as it noted that rape causes great distress and humiliation to the victim of rape but at the same time a false allegation of committing a rape also causes humiliation and damage to the accused. “An accused has also rights which are to be protected and the possibility of false implication has to be...

Himachal Pradesh High Court Weekly Roundup: September 4 - September 10, 2023

Nominal Index:Sunita Sangroli Vs State of H.P. and Ors 2023 LiveLaw (HP) 62M/s Vardhman Ispat Udyog Versus State of Himachal Pradesh and Ors 2023 LiveLaw (HP) 63Veena Devi vs. State of H.P. & Others 2023 LiveLaw (HP) 64State of Himachal Pradesh and Others Versus M/s Nokia India Sales Pvt. Ltd. 2023 LiveLaw (HP) 65Dilbag Singh vs. Vipan Kumar & other 2023 LiveLaw...

Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers

The Himachal Pradesh High Court has emphasised that public authorities must be held accountable for delays in fulfilling their duties, particularly regarding the prompt disbursement of retirement benefits to government employees.Justice Satyen Vaidya noted that these authorities hold public funds in trust and should not be allowed to waste public money through unjustified delays as it...

Women's Gratitious Services In Household To Be Considered In Motor Accident Compensation Claims: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that though gratuitous services rendered by women in managing households and families cannot be equated with money, such services should be properly considered while deciding a claim for compensation under the Motor Vehicles Act.Justice Virender Singh added that women perform various activities in the household and that their untimely death due to a...

Stray Dogs, Monkey Menace Causing Hardships To Citizens: Himachal Pradesh High Court Asks Animal Welfare Board To Give 'Practical Suggestions'

The Himachal Pradesh High Court has asked the Animal Welfare Board of India to give practical suggestions to curb the persistent issue of stray dogs and monkey menace in the State."These two have been lingering on in the State for long and causing hardships to the citizens of the State," a bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel said.The direction was made...

Pension A Beneficial Provision For Employees, Restrictive Interpretation Undermines Its Purpose: Himachal Pradesh High Court

Reaffirming the importance of pension as a beneficial provision for government servants, the Himachal Pradesh High Court has recently emphasised that any restrictive interpretation of pension rules would undermine its purpose.Justice Satyen Vaidya added that pension rules have to be considered from the perspective that it is earned in lieu of the services rendered by the government servant...

Himachal Pradesh High Court Quashes Revision Petition Against Nokia On Differential Tax Amount On Sale Of Mobile Charger

The Himachal Pradesh High Court has quashed the revision petition filed by the Department against Nokia on the differential tax amount on the sale of mobile chargers.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that the clear mandate of law is that the Court can exercise revisional jurisdiction under Section 48 of the Act only against the orders passed by...