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...

Centre Notifies Appointment Of Two Advocates And One Judicial Officer As Himachal Pradesh High Court Judges

The Centre today notified three fresh appointments of High Court judges to the Himachal Pradesh High Court, namely Ranjan Sharma, Bipin Chander Negi and Rakesh Kainthla. While Ranjan Sharma and Bipin Chander are advocates, Rakesh Kainthla is a judicial officer. Earlier this month, the Supreme Court Collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul & Sanjiv Khanna...

Himachal Pradesh High Court Sets Aside Requirement Of 'Bonafide Himachali Certificate' For Compassionate Employment

The Himachal Pradesh High Court has struck down the requirement of furnishing a 'Bonafide Himachali Certificate' for obtaining compassionate appointment, holding such a condition to be in violative of Article 16(2) of the Constitution, which prohibits discrimination on the basis of residence. A bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel passed the order while...

[Alleged FB Posts Against Lord Shiva] 'Laxman Rekha Shouldn't Be Crossed In Name Of Freedom Of Expression': HP High Court Denies Relief To A Doctor

On Monday, the Himachal Pradesh High Court denied anticipatory bail to a qualified ophthalmologist facing an FIR under Sections 295A IPC, 153A and 505 (2) IPC on the allegations of posting derogatory Facebook comments against Lord Shiva and Lord Nandi (the bull vahana of Lord Shiva.).Noting that as per the allegations, the applicant (Dr. Nadeem Akhtar) has posted derogatory comments which...

Can't Create "Bogey Of Mistrust" In Selection Process: Himachal Pradesh High Court Junks Plea Seeking Video Recording Of Interviews By HPPSC

The Himachal Pradesh High Court on Tuesday dismissed a petition filed by an NGO seeking mandatory videography of the interviews conducted by the Himachal Pradesh Public Service Commission (HPPSC) and other recruitment agencies in the State. “..One should not start with a premise that something untoward is being done / is going to be done in every selection process; and unnecessarily, one...

Supreme Court Collegium Proposes Two Advocates And One Judicial Officer For Appointment As Himachal Pradesh High Court Judges

The Supreme Court Collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul & Sanjiv Khanna has recommended the names of two advocates and a judicial officer for appointment as judges of the Himachal Pradesh High Court.Those recommended for elevation were advocates Ranjan Sharma and Bipin Chander Negi and judicial officer Rakesh Kainthla.The Chief Justice of the High Court...