State Cannot Deny Pay Parity Of Veterinarians With Medicos Just Because They Deal With Animals: Himachal Pradesh High Court

Observing that Veterinary Doctors are at par with Medical Doctors, the Himachal Pradesh High Court on Thursday ruled that State cannot deny the grant of 4-tier pay scale to the Veterinary Officers on a flimsy ground, that they are dealing with animals and the doctors serving in the Health and Family Welfare Department are dealing with humans.The observations were made by a bench...

[S.147 Negotiable Instruments Act] Offence Can Be Compounded Post-Conviction For Cheque Dishonour: Himachal Pradesh High Court

The Himachal Pradesh High Court on Wednesday observed that courts while exercising power under Section 147 (Offences To Be Compoundable) of the Negotiable Instrument Act are sufficiently empowered to proceed to compound an offence, even in cases where accused stands convicted.The observations were made by Justice Sandeep Sharma while hearing a plea in terms of which the petitioner/accused...

Person Ineligible To Act As Arbitrator U/s 12(5) Cannot Appoint Another Arbitrator For Determining The Dispute: Himachal Pradesh High Court

The Himachal Pradesh High Court on Monday ruled that any person who becomes ineligible to act as an Arbitrator in terms of Section 12(5) of the Arbitration and Conciliation Act cannot appoint/nominate another Arbitrator for determining the dispute.Section 12(5) provides that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties or counsel or...

SC Collegium Recommends Elevation Of Justice Sabina As Chief Justice Of Himachal Pradesh High Court

The Supreme Court Collegium has recommended the appointment of Justice Sabina as the Chief Justice of Himachal Pradesh High Court. She is currently the Acting Chief Justice there. Justice Sabina was appointed as a judge of Punjab and Haryana High Court on 12 March 2008 and is due to retire on 19 April 2023. "The Collegium has, by its separate resolution, proposed the appointment of Mr....

Himachal Pradesh High Court Bans Cutting Of Hills Without Prior Permission From Town And Country Planning Director

The Himachal Pradesh High Court recently directed the State government to frame a policy for conservation, preservation and cutting of hills in consultation with the Department of Environment, Science and Technology and such other departments, as may be necessary, within two months. The direction came from a bench comprising then Chief Justice A A Sayed and Justice Jyotsna Rewal...

Can Sessions Court Sit Anywhere Else Than Its Court Premises To Conduct Trial? Himachal Pradesh High Court Explains

While answering a reference made by an Additional District & Sessions Judge, the Himachal Pradesh High Court has clarified that a Sessions Judge can sit at any place other than his Court premises, within his Sessions division, to record evidence and conduct a trial. Referring to Section 9(6) of the Code of Criminal Procedure, the Single Judge Bench of Justice Satyen...

Himachal Pradesh High Court Weekly Round-Up: January 9 to January 15, 2023

Himachal Pradesh High Court Weekly Roundup January 9 - January 15, 2023Nominal Index:Case Title: Rajinder Kumar Vs Pushpa Devi 2023 LiveLaw (HP) 1Case Title: Charno Ram vs. Union of India and others 2023 LiveLaw (HP) 2Case Title: Rohit Chauhan Vs State of Himachal Pradesh 2023 LiveLaw (HP) 3Case Title: Deep Raj @Neetu Vs State of Himachal Pradesh 2023 LiveLaw (HP) 4Case Title: Himachal...

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt

The Himachal Pradesh High Court recently held that the power of Chief Justice under Article 229(2) is paramount in nature and once the Chief Justice takes a progressive step to ameliorate the service conditions of the Officers and staff working under him, the State Government cannot raise objections unless there were very good reasons.The observations were made by a bench comprising...

Rigours Of S.37 NDPS Act Cannot Be Invoked In Perpetuity To Dilute Right Of Expeditious Trial: Himachal Pradesh High Court

The Himachal Pradesh High Court recently held that the stringent provisions concerning bail under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 cannot be invoked in perpetuity to dilute the right of the accused to an expeditious trialThe pronouncement was made by Justice Satyen Vaidya while hearing a plea for bail in a matter where the petitioner-accused had...

Himachal Pradesh High Court Confers 'Senior Designation' On Advocate General Anup Kumar Rattan

In exercise of power under Section 16(2) of the Advocates Act, 1961, the Himachal Pradesh High Court has conferred senior designation on Advocate Anup Kumar Rattan. Rattan is the current Advocate General of Himachal Pradesh. He was appointed to the post on December 20, 2022.Click Here To Read...

Himachal Pradesh HC Chief Justice Inaugurates Legal Aid Defense Counsel System In Six Districts

The Chief Justice, High Court of Himachal Pradesh, Justice Amjad A. Sayed, today inaugurated Legal Aid Defense Counsel System Offices, through video conferencing, in six Districts Headquarters, namely Shimla, Sirmaur at Nahan, Solan, Kangra at Dharamshala, Kullu, and Una, in the august presence of Justice Sabina, Executive Chairperson, H.P. State Legal Services Authority and other Judges,...

Custodial Interrogation Can’t Be Used To Extract Confession: Himachal Pradesh High Court

While granting pre-arrest bail to an accused person, the Himachal Pradesh High Court recently said that custodial interrogation cannot be used to extract confession.The observations were made by Justice Satyen Vaidya while hearing a plea in terms of which the petitioner was praying for a pre-arrest bail in an FIR for offences under Section 408 and Section 34 of IPC. The FIR was registered by...