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...

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...