Himachal Pradesh High Court
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...
Drug Menace A Serious Invasion Into Social Structure, Even Adolscents Not Spared: Himachal Pradesh High
Dismissing an application for pre arrest bail in an FIR for offences under the NDPS Act the Himachal Pradesh High High Court on Friday observed that the drug menace is a serious invasion in the social structure that needs to be curbed with heavy hands and for such purpose, police must have the proper access to the accused which may be by way of custodial interrogation in...
Himachal Pradesh High Court Weekly Round-Up: March 13 To March 19, 2023
Nominal IndexAnita Aggarwal Vs State of HP 2023 LiveLaw (HP) 14M/s Gujrat Ambuja Cement Factory, Darlaghat & others Vs Sukh Ram (deceased) through LRs & others 2023 LiveLaw (HP) 15Batt Educational Society Vs State of H. P. & Ors 2023 LiveLaw (HP) 16State of HP Vs Kansi Ram 2023 LiveLaw (HP) 17Judgements/OrdersSec 102 CrPC | Police Officer Empowered To Seize Property Only If...
Some Leeway To Condone Delay In Cases Of Govt Cannot Be Construed As Absolute License To Flout Law: Himachal Pradesh High Court
Dismissing an application seeking condonation of delay filed by the Himachal Pradesh government, the High Court on Friday observed that the law has equal balance for all and though some leeway is permissible in the case of government but that cannot be construed as an absolute license to flout the law at whims. The application was filed alongside an appeal in terms of which the...
Himachal Pradesh High Court Refuses To Interfere With State's Policy Refusing Permission To Open New Veterinary Institutes
The Himachal Pradesh High Court on Tuesday dismissed a plea challenging State's policy to not grant permission to open new Veterinary Pharmacist Institutes, with the objective of bringing uniformity and curtailing their mushrooming growth.The bench comprising Justices Tarlok Singh Chauhan and Mr. Justice Virender Singh observed, "The raison d'être of discretionary power is that it promotes...
[Land Acquisition] Sale Deed Relevant Factor For Determining Just & Fair Compensation: Himachal Pradesh High Court
The Himachal Pradesh High Court on Monday ruled that for determining the value of a piece land, both transactions, i.e. acquisition of land vide Award as well as sale deed are relevant for determining the value of land and, therefore, for arriving at just and fair value of land, it would be appropriate to consider both these transactions and determine the value of land...