S.164 HP Panchayati Raj Act | Annexure Forming Integral Part Of Election Petition Must Be Signed, Document Produced As Evidence Exempt: High Court

The Himachal Pradesh High Court on Wednesday clarified the legal requirements regarding election petitions under Section 164 of the H.P. Panchayati Raj Act, 1994. The court held that the schedule or annexure accompanying an election petition must be signed and verified by the petitioner, while documents presented as evidence of the petition's averments are exempt from this requirement.A...

Why Action Not Taken Against Those Violating Biodiversity Act? Himachal Pradesh High Court Asks State Board

The Himachal Pradesh High Court recently questioned the State Biodiversity Board regarding its failure to act against those violating the express provisions of the Biodiversity Act 2002.Section 7 read with Section 24(2) of the Act restrains any citizen or entity from obtaining any biological resource for commercial utilisation without giving prior intimation to the State Biodiversity Board....

'Non-Specific Allegations': Himachal Pradesh High Court Dismisses Plea Challenging Alleged Transfer Of Lands Belonging To Local Deities

The Himachal Pradesh High Court has dismissed a plea filed by a registered trust seeking a declaration that the transfer of lands belonging to local deities to third parties, under various land reform acts is void ab initio. The bench comprising Justice Tarlok Singh Chauhan and Justice Satyen Vaidya ruled that the petitioner had failed to provide specific instances where the property of...

Himachal Pradesh High Court Directs State To Comply With Street Vendors Act, Constitute 'Town Vending Committee'

The Himachal Pradesh High Court recently directed the State government to promptly constitute a 'Town Vending Committee' in Shimla in accordance with Section 22 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the corresponding rules. A bench comprising Chief Justice M.S Ramachandra Rao and Justice Ajay Mohan Goel passed the direction after...

Himachal Pradesh High Court And District Courts Remain Closed On Monday Amid Heavy Rainfall

The Himachal Pradesh High Court has suspended all activities of the state judiciary today in response to the continuous and unpredictable rainfall.In a notification issued by the Registrar General of the Himachal Pradesh High Court on Monday, it has been declared that July 10, 2023, should be observed as a holiday for the High Court and all Courts of District Judiciary in Himachal...

Himachal Pradesh High Court Weekly Round-Up: July 03 To July 09

Nominal IndexM/s Pratap Industries Products Vs M/s Hindustan Construction Company Ltd 2023 LiveLaw (HP) 45Ashok Lal Chopra Vs Mrs. Kiran Kapoor and others 2023 LiveLaw (HP) 46Sumitra Devi Vs Kapoor Chand 2023 LiveLaw (HP) 47Sanjeev Kumar & ors Vs Sushma Devi 2023 LiveLaw (HP) 48Krishan Lal Vs State of H.P 2023 LiveLaw (HP) 49Manni and another Vs State of Himachal Pradesh &Ors 2023...

[Land Acquisition Act] Serving Notice To 'Interested Persons' Regarding Passing Of Award Mandatory U/S 12(2): Himachal Pradesh High Court

Seven years after passing of compensation award for land acquisition in Mangu village near Solang, the Himachal Pradesh High Court on Tuesday ordered that the award be referred to the Statutory authority for determination of the compensation. It observed that Section 12(2) of the Land Acquisition Act 1894, which mandates notice of passing of the award to the interested persons, was not...

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...