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...

Himachal Pradesh High Court Weekly RoundUp: March 6 - March 12, 2023

Nominal Index:Pankaj Kumar Lakhanpal & ors Vs State of HP & Ors 2023 LiveLaw (HP) 10Sh. Amin Chand Vs State of Himachal Pradesh 2023 LiveLaw (HP) 11Mohinder Singh Vs Himachal Pradesh Transport Corporation 2023 LiveLaw (HP) 12Sunita Sharma Vs State Of Himachal Pradesh 2023 LiveLaw (JKL) 13Anita Aggarwal Vs State of HP 2023 LiveLaw (HP) 14Judgements/Orders:State Cannot Deny Pay Parity...

Sec 102 CrPC | Police Officer Empowered To Seize Property Only If Found Under Circumstances Creating Suspicion Of Any Offence: Himachal Pradesh HC

The Himachal Pradesh High Court on Thursday ordered defreezing of the account of an accused observing that Section 102 CrPC (Power of police officer to seize certain property) empowers the Police Officer to seize certain property on existence of a condition that the said property should have been alleged or suspected to have been stolen or which may be found under circumstances which...

Reservation Is Like Crutches- Provided Only To Weak; No Separate Reservation For All Sections Of Society: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that reservation may be equated with crutches which are not necessitated to be provided to healthy people but definitely to those who are not able or permitted to stand on their legs or whose legs are weak for deprivation of healthy atmosphere and equal status in the society. Therefore, there is no provision for providing separate reservation...

Article 311 | Every Conviction Cannot Entail Automatic & Mechanical Removal Of Convicted Employee: Himachal Pradesh High Court

The Himachal Pradesh High Court on Monday ruled that the provisions contained in proviso (a) to Clause (2) of Article 311 of the Constitution of India read with Rule 19(i) of CCS (CCA) Rules 1965 certainly provide that on conviction an employee can be dismissed/removed/reduced in rank, without conducting any enquiry, but it cannot be construed that every such conviction shall be followed by...

HP Land Revenue Act | Discretion Vested In Revenue Officer To Convert Itself As A Civil Court To Decide Plea Of Adverse Possession: High Court

The Himachal Pradesh High Court has recently ruled that though for adjudicating the plea of adverse possession under Himachal Pradesh Land Revenue Act, 1954, discretion is vested with the Revenue Officer (not below the rank of Assistant Collector 1st Grade) either to convert itself as a Civil Court or to decide it otherwise, but, the discretion so vested is judicial discretion and cannot...

Himachal Pradesh High Court Weekly Roundup: February 27 - March 5, 2023

Nominal Index:Court on its own motion v. State of H.P. & Anr 2023 LiveLaw (HP) 6Kusum Bali Vs State of HP & Ors 2023 LiveLaw (HP) 7Divisional Manager, H.P. State Forest Development Corporation Ltd Vs Prem Lal 2023 LiveLaw (HP) 8Naresh Kumar Vs Trilok Chand 2023 LiveLaw (HP) 9Pankaj Kumar Lakhanpal & ors Vs State of HP & Ors 2023 LiveLaw (HP) 10Judgments/Orders:Can Sessions...

Award Passed By Unilaterally Appointed Arbitrator Is Void; Himachal Pradesh High Court

The Himachal Pradesh High Court has held that arbitral proceedings conducted by a unilaterally appointed arbitrator are void ab initio and the consequent award is non-est. The bench of Justice Jyotsana Rewal Dua held that an arbitration award passed by a unilaterally appointed sole arbitrator is not enforceable under Section 36 of the A&C Act. The Court further held that...