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...

Himachal Pradesh High Court Weekly Round-Up: April 3 To April 9

Nominal Index[Citation: 2023 LiveLaw (HP) 19- 23] Rattan Chand Vs Madhu Bharat Chadha & another 2023 LiveLaw (HP) 19 Rajesh Kumar & Ors Vs State of H. P. & Ors. 2023 LiveLaw (HP) 20 Ganga Ram v. Special Land Acquisition Officer 2023 LiveLaw (HP) 21 M/s Bio Veda Action Research Company Vs The Regional Provident Fund Commissioner-II, Shimla 2023 LiveLaw (HP)...

S.138 NI Act | Clarity In Making 'Demand' An Essential Legal Requirement For Cheque Bounce Notices: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently ruled that the statutory provisions in the form of Section 138 Negotiable Instrument Act indicate in unmistakable terms as to what should be clearly indicated in the notice and what manner of demand it should make. Clarity in making the demand is an essential prerequisite for cheque bouncing cases, it emphasised.The observations were made by...

Married Couple's Access To Each Other Conclusively Determines Child's Legitimacy U/S 112 Evidence Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that if a couple is having access to each other, it is conclusive proof of the legitimacy of a baby and hence, the presumption under Section 112 of the Indian Evidence Act, 1872 gets attracted. The observations to this effect was made by Justice Joytsna Rewal Dua while hearing a plea challenging the order of District Judge Shimla in terms of...

Water Property Of State, Not Private Entitlement Of Villagers Who Use It: Himachal Pradesh HC Refuses To Interfere With Construction Of Dam

The Himachal Pradesh High Court has recently observed that it is a misconception that water belongs to the villagers who use the same. Water is the property of the State and no individual has any right to claim this as his property, even though the same might be situated within his personal property, it clarified.The bench comprising Justices Tarlok Singh Chauhan and Virender Singh made...

If Building Has Potential To Fetch Higher Revenue Post Reconstruction, Proving 'Dilapidated Condition' For Evicting Tenant Not Necessary: HP High Court

The Himachal Pradesh High Court on Tuesday ruled that when a building is situated in a commercial location having possible potential to fetch higher income after reconstruction/rebuilding, tenants may be evicted for such bonafide requirement of the landlord and the requirement of demonstrating the dilapidated condition of the building for enforcing eviction is not necessary in such...

EPF Act | Reasoned Order Of Tribunal Waiving Pre-Deposit U/S 7-O Cannot Be Intervened With Unless Palpably Illegal: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently ruled that a reasoned order of a Tribunal while hearing an application seeking waiver u/s 7-O of the Employee Provident Fund Act to deposit the amount as mandated under Sec 7A cannot be interfered with, unless the said order is either without jurisdiction or Palpably Illegal. Under the Section 7A of the Employee Provident Fund Act, the appeal of...

Himachal Pradesh High Court Weekly Round-Up: March 20 To March 26, 2023

Nominal IndexState of HP Vs Kansi Ram 2023 LiveLaw (HP) 17Anil Kumar Vs State of HP 2023 LiveLaw (HP) 18Rattan Chand Vs Madhu Bharat Chadha & another 2023 LiveLaw (HP) 19Rajesh Kumar & Ors Vs State of H. P. & Ors 2023 LiveLaw (HP) 20Ganga Ram v. Special Land Acquisition Officer 2023 LiveLaw (HP) 21Judgements/OrdersSome Leeway To Condone Delay In Cases Of Govt Cannot Be Construed...