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...

Himachal Pradesh High Court Orders Probe Into Rock Cracks, Muck Dumping At Luhri Hydroelectric Project

The Himachal Pradesh High Court has ordered a probe into the alleged damage to a rock above Narola village near Shimla, which has developed cracks. The court has also ordered an investigation into the muck dumping by the contractors at various places on the banks of river Satluj in the neighbouring area.The order was passed by Chief Justice M Ramachandra Rao and Justice Ajay Mohan Goel...

Himachal Pradesh High Court Cracks Down On Contractor Over Incomplete Projects, Restrains Govt From Releasing Any Payment

The Himachal Pradesh High Court has taken a strict stance against a contractor who had failed to initiate or complete a majority of the projects awarded to them. A bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya directed the contractor to file an affidavit clearly setting out the timeline within which he would complete the unfinished projects. The court also directed that...

Supplying Copies Of Award Certified By MSME Council To The Parties, Not Fair: Himachal Pradesh High Court

The Himachal Pradesh High Court has ruled that it is the bounden duty of the Arbitrator appointed by the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) to issue signed copies of the arbitral award to the parties irrespective of the fact whether the parties have contested the proceedings or were proceeded ex-parte. The court has deprecated...

Himachal Pradesh High Court Dismisses Plea Challenging Age Limit For Assistant District Attorney Post

The Himachal Pradesh High Court on Wednesday dismissed a set of petitions challenging the age limit for direct recruitment to the posts of Assistant District Attorneys (ADAs) in the state. “The State Government is within its powers to carve out exceptions for a particular category of post in so far as the prescription of age limit by direct recruitment to such post is concerned. As...

Garbage Dumping: Himachal Pradesh High Court Directs DLSA To Inspect Neugal River Bank In Kangra

The Himachal Pradesh High Court has ordered an inspection of the Neugal River Bank in Kangra's Palampur to verify whether garbage is still being dumped there. The court has directed the Secretary, District Legal Services Authority, Kangra, to get the inspection done and submit a report.The order was passed by a bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel...