Can Rigour On Bail U/S 37 NDPS Act Have Same Efficacy Throughout Trial, Notwithstanding Period Of Custody? Himachal Pradesh High Court Asks

The Himachal Pradesh High Court has reiterated that the Constitutional guarantee of expeditious trial cannot be diluted by applying the rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act in perpetuity. Justice Satyen Vaidya was hearing a plea in terms of which the petitioner, an accused in an FIR registered under Sections 20 and 29 of NDPS Act, had prayed for grant...

S.64 Right To Fair Compensation Act: HP High Court Rules Collector Bound To Refer Objections Against Land Acquisition Award To Appropriate Authority

The Himachal Pradesh High Court has ruled that in terms of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector has a duty to refer the objections raised against land acquisition award to the appropriate authority."The provision of Section 64 of 2013, Act does not leave any discretion with the...

Land Acquisition Act | Market Value Assessment Should Be Avoided On Post-Notification Exemplar Sales: Himachal Pradesh High Court

The Himachal Pradesh High Court on Tuesday while hearing a series of appeals filed under Section 54 of the Land Acquisition Act observed that assessment of market value should be avoided on exemplar sale transactions that have taken place after issuance of notification under Section 4 (Publication of preliminary notification) of the Land Acquisition Act.Justice Satyen Vaidya was hearing...

Himachal Pradesh High Court Weekly Roundup [April 17 - April 23, 2023]

Nominal Index:Graviss Foods Private Limited vs. M/s Ice Cream Garden & Anr 2023 LiveLaw (HP) 26Santosh Nanta Vs State of H.P. & Ors 2023 LiveLaw (HP) 27Ramesh Chand Verma Vs H.P. Agro Industries Corporation Ltd. and others 2023 LiveLaw (HP) 28Dr Umesh Kumar Vs State of Himachal Pradesh 2023 LiveLaw (HP) 29 Kiran Vs State of Himachal Pradesh 2023 LiveLaw (HP)...

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail.Justice Satyen Vaidya made these observations on the principles of bail...

Pension | Qualifying Service Of Regular Employee Starts From Day They Take Charge Of First Post, Whether Temporary Or Substantive: HP High Court

The Himachal Pradesh High Court on Wednesday ruled that a regular government employee's qualifying service starts from the day (s)he takes charge of their first post, whether it's temporary, officiating or substantive, in terms of the Rule 13 of the Civil Service and Pension Rules 1972.The pronouncement to this effect was made by a bench comprising Acting Chief Justice Sabina & Justice...

Supreme Court Collegium Recommends Justice M S Ramachandra Rao As Chief Justice Of Himachal Pradesh High Court

The Supreme Court collegium comprising of CJI DY Chandrachud and Justices Sanjay Kishan Kaul, K M Joseph, M R Shah and Ajay Rastogi on Wednesday proposed the appointment of Justice M S Ramachandra Rao As Chief Justice Of Himachal Pradesh High Court.Justice M S Ramachandra Rao was appointed as a Judge of the High Court of Andhra Pradesh on 29 June 2012. On the bifurcation of the State of...

Exercising Power Of Judicial Review To Enter Merits Of Selection Process Tantamount To Treading On Thin Sheet Of Ice: HP High Court

The Himachal Pradesh High Court has recently observed that exercising the power of judicial review to enter into the merits of a selection process, a task which is the prerogative of and is within the expert domain of a Selection Committee, tantamount to treading on a thin sheet of Ice.The Bench comprising Justice Jyotsna Rewal Dua observed that “It would be indeed, treading on thin ice, if...

Appeal Against Dismissal Of S. 8 Application Filed Before Commencement Of 2015 Arbitration Amendment Act, Not Maintainable: Himachal Pradesh High Court

The Himachal Pradesh High Court has reiterated that the amendment incorporated in Section 37 (1) (a) of the Arbitration and Conciliation Act, 1996 (A&C Act) by the Arbitration and Conciliation (Amendment) Act, 2015, which provides for an appeal against an order of the court refusing to refer the parties to arbitration under Section 8, is prospective in nature. Thus, the same will apply...

Justice Tarlok Chauhan Appointed As Acting Chief Justice Of Himachal Pradesh High Court; Centre Fails To Notify Justice Sabina’s Appointment As CJ

The Union government on Tuesday notified the appointment of Justice Tarlok Singh Chauhan as the acting Chief Justice of Himachal Pradesh High Court with effect from April 20. Justice Chauhan is the senior-most puisne judge of the high court."In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri Justice Tarlok Singh...

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges.Justice Joytsna Rewal Dua observed, "The trial has ended after full 13 years in the acquittal of the accused persons (respondents No.2 and 3). By allowing the...

Cheque Must Reach Payee Bank Within 6 Months To Attract Criminal Liability For Dishonour U/S 138 NI Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently ruled that in order to attract criminal liability under the provisions of Section 138 of the Negotiable Instruments Act it is necessary that the cheque has to be presented at the bank on which it is drawn within six months as from the date of its issuance.The observations were made by Justice Ajay Mohan Goel while hearing an appeal in terms of...