Himachal Pradesh High Court
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...
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...