Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers

The Himachal Pradesh High Court has emphasised that public authorities must be held accountable for delays in fulfilling their duties, particularly regarding the prompt disbursement of retirement benefits to government employees.Justice Satyen Vaidya noted that these authorities hold public funds in trust and should not be allowed to waste public money through unjustified delays as it...

Women's Gratitious Services In Household To Be Considered In Motor Accident Compensation Claims: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that though gratuitous services rendered by women in managing households and families cannot be equated with money, such services should be properly considered while deciding a claim for compensation under the Motor Vehicles Act.Justice Virender Singh added that women perform various activities in the household and that their untimely death due to a...

Stray Dogs, Monkey Menace Causing Hardships To Citizens: Himachal Pradesh High Court Asks Animal Welfare Board To Give 'Practical Suggestions'

The Himachal Pradesh High Court has asked the Animal Welfare Board of India to give practical suggestions to curb the persistent issue of stray dogs and monkey menace in the State."These two have been lingering on in the State for long and causing hardships to the citizens of the State," a bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel said.The direction was made...

Pension A Beneficial Provision For Employees, Restrictive Interpretation Undermines Its Purpose: Himachal Pradesh High Court

Reaffirming the importance of pension as a beneficial provision for government servants, the Himachal Pradesh High Court has recently emphasised that any restrictive interpretation of pension rules would undermine its purpose.Justice Satyen Vaidya added that pension rules have to be considered from the perspective that it is earned in lieu of the services rendered by the government servant...

Himachal Pradesh High Court Quashes Revision Petition Against Nokia On Differential Tax Amount On Sale Of Mobile Charger

The Himachal Pradesh High Court has quashed the revision petition filed by the Department against Nokia on the differential tax amount on the sale of mobile chargers.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that the clear mandate of law is that the Court can exercise revisional jurisdiction under Section 48 of the Act only against the orders passed by...

Himachal Pradesh High Court Stays Service Tax-Cum-Divisional Commissioner’s Order As GSTAT Not Constituted

The Himachal Pradesh High Court has stayed the service tax-cum-divisional commissioner’s order as GSTAT was not constituted.The bench of Justice Sandeep Sharma has observed that in the absence of GSTAT i.e., the appellate tribunal, the petitioner had no option but to approach the High Court by way of a petition filed under Article 227 of the Constitution of India, which otherwise empowers...

Himachal Pradesh High Court Facilitates Hindi Translation Of Reportable Judgments And Orders

The Himachal Pradesh High Court has initiated the practice of translating its judgments in the Hindi language. The High Court formally introduced this change through an announcement posted on its official website on August 16. This move aligns with the efforts to enhance accessibility to legal information for a wider audience.These translations will be accessible on the High Court's...

Civil Service Rules | Lecturer Gets Earned Leaves 26 Yrs After Appointment, HP High Court Says It's 'Inherent Right' From Date of Joining

The Himachal Pradesh High Court has granted, with retrospective effect, earned leaves to a History lecturer 26 years after her initial appointment. It emphasised that where earned leave is permissible, entitlement to it begins from the date of joining the service, making it an inherent right of civil servants upon their appointment to a civil post.“The entitlement of civil servant to an...

Himachal Pradesh High Court Weekly Roundup: August 14 - August 20, 2023

Nominal Index:Balak Ram Vs NHAI 2023 LiveLaw (HP) 57M/s Kundlas Loh Udhyog vs. M/s SRMB Srijan Pvt Ltd 2023 LiveLaw (HP) 58Om Prakash and another Vs Bishan Dass 2023 LiveLaw (HP) 59Krishan Dev Singh Vs State of Himachal Pradesh 2023 LiveLaw (HP) 60M/s Gujarat Co-Operative Milk Marketing Federation Ltd. V/s Additional E&T Commissioner 2023 LiveLaw (HP) 61Judgments/Orders:Arbitration |...

‘Milk Cream’ Can’t Be Classified As ‘Milk’: Himachal Pradesh High Court Upholds Tax Demand

The Himachal Pradesh High Court has held that ‘milk cream’ cannot be classified as ‘milk’.The bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel, while dismissing the revision petition of Gujarat Co-Operative Milk Marketing Federation Ltd., observed that a scientific or technical meaning of the term ‘milk cream’, as sought to be projected by the assessee,...

Accused Claiming Defence Of 'Unsound Mind' U/S 84 IPC Not Expected To Prove His Insanity Beyond Reasonable Doubt: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that while Section 105 of the Evidence Act places the burden on the accused to prove his insanity during an unlawful act, cases under Section 84 of the Indian Penal Code require the application of "preponderance of probabilities" rather than proving beyond reasonable doubt.“This is for the reason that a person of unsound mind is not expected...

Long-Standing Unauthorized Possession Insufficient To Prove Adverse Possession Unless 'Hostile Animus' Unequivocally Established: HP High Court

Clarifying the principles surrounding acquisition of title by adverse possession, the Himachal Pradesh High Court observed that the mere proof of long-standing unauthorized possession is not sufficient to establish adverse possession and that the 'hostile animus' to hold the land as an owner must be established unequivocally."Proof of long standing unauthorised possession can only be a...