Himachal Pradesh High Court Orders Disciplinary Action Against Govt Officials For Failure To Prevent Muck Dumping In Forest Areas Near Chamba

The Himachal Pradesh High Court, headed by Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel, has ordered disciplinary action against concerned government officials for their failure to prevent the illegal dumping of muck in forest and catchment areas near Motla village in Chamba.The direction came after Court perused the affidavits and status reports filed by the Forest...

[DV Act] Parties Must Be Made Aware Of Issues Or Points They Need To Prove Before Directing Them To Lead Evidence: Himachal Pradesh High Court

While dealing with a case pertaining to the Domestic Violence Act, the Himachal Pradesh High Court has held that framing of issues, for the first time, only in the judgment, placing burden of proving such issues on respective parties, deciding the case on the basis of such issues about which parties have not even been made aware of, is a procedure alien to well established legal and...

Civil Judge Recruitment: Himachal Pradesh High Court Dismisses Plea Of Candidates Disqualified Over Defective Credential Certificates

The Himachal Pradesh High Court has dismissed a plea filed by candidates who were disqualified by the Himachal Pradesh Public Service Commission (HPPSC) for their failure to furnish 'Credential Certificates' in prescribed format along with their applications for the post of Civil Judge (Junior Division).A division bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan...

Himachal Pradesh High Court Directs State To Compensate Nonagenarian Tribal For Land "Illegally" Acquired By Forest Dept

Directing the State to pay market value compensation to a nonagenarian tribal under the Land Acquisition Act 1894, the Himachal Pradesh High Court has said that the State Forest department cannot deprive him of compensation just because he did not keep copies of the complaints he filed in the past against the Forest Department's illegal use of his land."The petitioner being an innocent...

Petitions U/S 482 CrPC Not Maintainable For Challenging Proceedings U/S 12 Domestic Violence Act: Himachal Pradesh High Court

While reiterating that petitions under Section 482 CrPC are not maintainable for challenging the proceedings under Section 12 of the Domestic Violence Act, the Himachal Pradesh High Court has issued directions to the lower courts to ensure their compliance in handling cases related to the Domestic Violence Act.A bench of Justice Jyotsna Rewal Dua noted that these days diverse recourses are...

Section 145 NI Act Encompasses Court's Power To Summon & Re-Examine Witnesses: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently ruled that while Section 145(2) of the NI Act does not explicitly mention the re-examination of the complainant or other witnesses, the phrase "summon and examine any person giving evidence in affidavit" also encompasses the court's power to summon and re-examine such witnesses.A bench of Justice Vivek Singh Thakur was hearing a plea whereby...

Himachal Pradesh High Court Forms Committee To Verify Allegations Of Illegal Tree Felling Against Forest Officer

In its bid to address concerns regarding the alleged illegal felling of forest trees, the Himachal Pradesh High Court headed by Chief Justice M S Ramachandra Rao and Justice Ajay Mohan Goel, has ordered the formation of an inquiry committee. The committee will be responsible for verifying the claims made in a letter petition that in connivance with the Divisional Forest Officer concerned,...

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure (CPC) on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". Justice Sandeep Sharma made this exposition in response to...

'Irresponsible': Himachal Pradesh High Court Distressed At NHAI For Not Controlling Its Contractors Dumping Muck In Forest Areas

The Himachal Pradesh High Court has expressed serious concern over the "irresponsible conduct" of the National Highways Authority of India (NHAI) officials, who have failed to control their contractors from dumping muck in forest areas.A bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel observed, "We are distressed at this irresponsible conduct on the part of...

S.19 MSME Act | Court Should Determine Whether Pre-Deposit Amount Is Actually Deposited By Appellant: Himachal Pradesh High Court

The Himachal Pradesh High Court on Monday directed the District Court, which stayed the execution of an arbitral award in exercise of its power under Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), to first determine whether Section 19 of the Act was complied with.The provision requires the party challenging the award to make a pre-deposit to the tune of 75% of...

Himachal Pradesh High Court Weekly Round-Up: June 19 To June 25

Nominal IndexAbhishek Sharma Vs State of Himachal Pradesh 2023 LiveLaw (HP) 36Nain Sukh Vs Seema Devi 2023 LiveLaw (HP) 37Gurditta Ram Chauhan Vs Mrs Babita 2023 LiveLaw (HP) 38State of HP Vs Sita Devi 2023 LiveLaw (HP) 39State of Himachal Pradesh Vs Rajinder Fishta 2023 LiveLaw (HP) 40Rakesh Kumar Vs State of Himachal Pradesh and others 2023 LiveLaw (HP) 41M/s Sterkem Pharma Private Limited...

Himachal Pradesh High Court Upholds NABARD's Guidelines For Selection Of Auditors For Cooperative Banks

The Himachal Pradesh High Court has dismissed a writ petition challenging the guidelines issued by the National Bank for Agriculture and Rural Development (NABARD) regarding the appointment of statutory auditors for Cooperative Banks. “This Court has neither the expertise to decide whether the conditions mentioned in the guidelines issued by the NABARD are valid or not, nor does it have...