Himachal Pradesh High Court Stays Service Tax-Cum-Divisional Commissioner’s Order As GSTAT Not Constituted

The Himachal Pradesh High Court has stayed the service tax-cum-divisional commissioner’s order as GSTAT was not constituted.The bench of Justice Sandeep Sharma has observed that in the absence of GSTAT i.e., the appellate tribunal, the petitioner had no option but to approach the High Court by way of a petition filed under Article 227 of the Constitution of India, which otherwise empowers...

Himachal Pradesh High Court Facilitates Hindi Translation Of Reportable Judgments And Orders

The Himachal Pradesh High Court has initiated the practice of translating its judgments in the Hindi language. The High Court formally introduced this change through an announcement posted on its official website on August 16. This move aligns with the efforts to enhance accessibility to legal information for a wider audience.These translations will be accessible on the High Court's...

Civil Service Rules | Lecturer Gets Earned Leaves 26 Yrs After Appointment, HP High Court Says It's 'Inherent Right' From Date of Joining

The Himachal Pradesh High Court has granted, with retrospective effect, earned leaves to a History lecturer 26 years after her initial appointment. It emphasised that where earned leave is permissible, entitlement to it begins from the date of joining the service, making it an inherent right of civil servants upon their appointment to a civil post.“The entitlement of civil servant to an...

Himachal Pradesh High Court Weekly Roundup: August 14 - August 20, 2023

Nominal Index:Balak Ram Vs NHAI 2023 LiveLaw (HP) 57M/s Kundlas Loh Udhyog vs. M/s SRMB Srijan Pvt Ltd 2023 LiveLaw (HP) 58Om Prakash and another Vs Bishan Dass 2023 LiveLaw (HP) 59Krishan Dev Singh Vs State of Himachal Pradesh 2023 LiveLaw (HP) 60M/s Gujarat Co-Operative Milk Marketing Federation Ltd. V/s Additional E&T Commissioner 2023 LiveLaw (HP) 61Judgments/Orders:Arbitration |...

‘Milk Cream’ Can’t Be Classified As ‘Milk’: Himachal Pradesh High Court Upholds Tax Demand

The Himachal Pradesh High Court has held that ‘milk cream’ cannot be classified as ‘milk’.The bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel, while dismissing the revision petition of Gujarat Co-Operative Milk Marketing Federation Ltd., observed that a scientific or technical meaning of the term ‘milk cream’, as sought to be projected by the assessee,...

Accused Claiming Defence Of 'Unsound Mind' U/S 84 IPC Not Expected To Prove His Insanity Beyond Reasonable Doubt: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that while Section 105 of the Evidence Act places the burden on the accused to prove his insanity during an unlawful act, cases under Section 84 of the Indian Penal Code require the application of "preponderance of probabilities" rather than proving beyond reasonable doubt.“This is for the reason that a person of unsound mind is not expected...

Long-Standing Unauthorized Possession Insufficient To Prove Adverse Possession Unless 'Hostile Animus' Unequivocally Established: HP High Court

Clarifying the principles surrounding acquisition of title by adverse possession, the Himachal Pradesh High Court observed that the mere proof of long-standing unauthorized possession is not sufficient to establish adverse possession and that the 'hostile animus' to hold the land as an owner must be established unequivocally."Proof of long standing unauthorised possession can only be a...

Himachal Pradesh High Court Orders Attachment Of State Education Secretary's Salary For Non-Compliance Of 2020 Order

The Himachal Pradesh High Court has ordered the attachment of the salary of State's Education Secretary for failure to implement an order passed back in January 2020.“…it is directed that salary of respondent No.1 the Secretary (Education) to the Government of H.P. be attached till further order. The Chief Secretary to the Government of H.P. is directed to ensure attachment of salary by...

Himachal Pradesh High Court Stays Arbitration Proceedings Commenced Without Fulfilling The Pre-Arbitration Condition Of Negotiation

The Himachal Pradesh High Court has stayed the arbitration proceedings that were unilaterally commenced by a party without complying/fulfilling the pre-condition of negotiation as mandated by the terms of the agreement between the parties. The bench of Justice Tarlok Singh Chauhan observed that when the dispute resolution clause in the agreement mandates the parties to...

Himachal Pradesh High Court Half Yearly Roundup [January - June 2023]

Nominal Index [Citations 1 - 51]:Rajinder Kumar Vs Pushpa Devi 2023 LiveLaw (HP) 1Charno Ram vs. Union of India and others 2023 LiveLaw (HP) 2Rohit Chauhan Vs State of Himachal Pradesh 2023 LiveLaw (HP) 3Deep Raj @Neetu Vs State of Himachal Pradesh 2023 LiveLaw (HP) 4Himachal Pradesh Non Gazzetted Employees Vs State of Himachal Pradesh 2022 LiveLaw (HP) 5Court on its own motion v. State of...

Arbitration | Written Consent By Parties Need Not Be In Writing For Extending Arbitral Period: Himachal Pradesh High Court

The Himachal Pradesh High Court has clarified the interpretation of Section 29A(3) of the Arbitration and Conciliation Act and maintained that consent from the parties to extend the arbitral period need not be expressly stated in writing. Instead, consent can be inferred from the parties' acts and conduct during the arbitration proceedings, it emphasised.“Consent of the parties envisaged...

Himachal Pradesh High Court Weekly Round-Up: July 24 - July 30

Nominal indexDev Sanskriti Charitable Trust Kullu Vs State of H.P. & others 2023 LiveLaw (HP) 52Rangila Ram Vs State of HP 2023 LiveLaw (HP) 53People for Responsible Governance Vs State of HP 2023 LiveLaw (HP) 54Dr Nadeem Akhtar vs. State of Himachal Pradesh 2023 LiveLaw (HP) 55Sandeep Kaur Vs State of HP 2023 LiveLaw (HP) 56Judgments/Orders'Non-Specific Allegations': Himachal Pradesh...