Himachal Pradesh High Court
Himachal Pradesh High Court Distressed Over State Govt Litigating Matter Involving Small Amount Of ₹2,500; Imposes 10K Cost
While ruling in favour of a retired Tehsildar and granting him a regular increment from July 2013 for extended period of service, the Himachal Pradesh High Court has criticized the State for engaging in frivolous litigation and emphasized the need for equal treatment of employees. "We are distressed that in such small value matters also, the State continues to litigate and harass the...
[S.6 Hindu Minority & Guardianship Act] Unless Declared Disentitled, Mother Entitled To Minor Children's Custody After Father's Death: HP High Court
The Himachal Pradesh High Court has recently stated that under the Hindu Minority & Guardianship Act 1956, the mother assumes the role of a natural guardian of minor children upon father's death. However, the mother's right to custody is not absolute, but contingent upon the welfare of the children and if, during appropriate proceedings, she is found to be unfit or incapable of ensuring...
Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court
The Himachal Pradesh High Court has reiterated that every woman, irrespective of her employment status, is entitled to maternity leave.Maternity leave aims to protect the dignity of motherhood and ensure the well-being of both the woman and her child, a bench of Justices Tarlok Singh Chauhan and Virender Singh remarked."The respondent in the instant case was a daily wage woman employee at...
Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that...
No Wife Can Be Forced To Live In A Matrimonial Home With Husband Keeping Another Lady: Himachal Pradesh High Court
Dismissing the petition of a husband against his wife alleging cruelty and desertion, the Himachal Pradesh High Court has observed no wife can be forced to live in matrimonial home with husband keeping another lady with him."...Respondent had justifiable ground to live separately as no wife can be forced to live in matrimonial home with husband keeping another lady with him," a...
Centre Notifies Appointment Of Justice MS Ramachandra Rao As Chief Justice Of Himachal Pradesh High Court
The Centre today notified the appointment of Justice MS Ramachandra Rao as the Chief Justice of the Himachal Pradesh High Court. He currently serves as a Judge of the Punjab and Haryana High Court.In April this year, the Supreme Court collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul, K M Joseph, M R Shah and Ajay Rastogi proposed the appointment of Justice M S...
Substandard Drugs Manufacturing: Himachal Pradesh High Court Seeks Status On Testing Labs
The Himachal Pradesh High Court on Wednesday issued notices to the Central and State governments on the issue of manufacturing of substandard and spurious drugs in the State.A Division Bench comprising Acting Chief Justice Tarlok Singh Chauhan and Justice Virender Singh was dealing with a petition filed by the NGO People for Responsible Governance pointing to the absence of adequate drug...
FIR Registered After Recovery Made From Public Servant On Spot, No Prior Sanction U/S 17A Prevention Of Corruption Act: HP High Court
The Himachal Pradesh High Court has ruled that Section 17A of the Prevention of Corruption Act mandates the need for prior government approval for any inquiry or investigation against a public servant in cases where the alleged offence is related to an official "decision".FIR registered after on spot recovery following investigation based on source report of public with general allegations...
Himachal Pradesh High Court Weekly Roundup: May 8 - May 14, 2023
Nominal Index:Principal Secretary PWD Vs Mehr Chand 2023 LiveLaw (HP) 31Reta Ram Vs Land Acquisition Collector 2023 LiveLaw (HP) 32Vikas @Vicky Vs State of Himachal Pradesh 2023 LiveLaw (HP) 33Jawahar Lal (deceased) through LRs v. State of H.P. & Ors 2023 LiveLaw (HP) 34Rakesh Kumar Kashyap Vs State Bank of India 2023 LiveLaw (HP) 35Judgements/Orders: Land Acquisition Act | Market...
Mere Depiction Of Secured Property As Agricultural Land In Revenue Records Won't Exclude It From Purview Of SARFAESI Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has recently reiterated that the mere depiction of a secured property as agricultural land in revenue records does not qualify for Section 31(i) of the SARFAESI Act. For the provision to apply, the property must have been genuinely utilized as agricultural land at the time of establishing the security interest, it clarified. Section 31(i) of the SARFAESI Act...
Himachal Pradesh High Court Orders State To Refund "Excess Payment" Deducted From Class-III Employee's Retiral Benefits
Observing that recovery of payments made in excess by employers is impermissible in law in certain situations, the Himachal Pradesh High Court granted relief to State Education Department's retired employee whose General Provident Fund (GPF) amount to the extent of Rs. 1.3 lakh was withheld.Justice Jytosna Rewal Dua noted that the petitioner had retired from the position of a Class-III...
Himachal Pradesh High Court Issues Notice In BJP MLAs Plea Challenging Appointment Of Dy. CM, Chief Parliamentary Secretaries
The Himachal Pradesh High Court on Thursday issued notices to the six Chief Parliamentary Secretaries (CPS), including the Deputy Chief Minister seeking their replies in a plea filed by 12 BJP MLAs challenging the appointment of the Deputy Chief Minister in the state.Issuing notices, the division bench of Acting Chief Justice Tarlok Singh Chauhan and Justice Virender Singh listed the matter...