Arbitral Award Without Corroboration Of Claim Certificate Patently Illegal: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when there is no appearance of a qualified person to corroborate the claim certificate, the arbitral award suffers patent illegality.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma remarked that: “In the absence of corroboration of the certificate… and any qualified person putting in appearance, the award of...

MV Act | Driver Not Jointly Liable For Accident; Owner Of Vehicle Solely Responsible To Pay Interim Compensation: HP High Court

The Himachal Pradesh High Court has held that under Section 140 of the Motor Vehicles Act, 1988, only the owner of a vehicle can be held liable to pay interim compensation on the principle of “no fault” and the driver of the vehicle cannot be made jointly liable with the owner.Justice Sushil Kukreja remarked that: “The driver could not have been made liable to pay the compensation...

HP Land Revenue Act | Assistant Collector Must Act As Civil Court When There Is Plea Of Adverse Possession: HP High Court

The Himachal Pradesh High Court held that when a person facing eviction under Section 163 of the H.P. Land Revenue Act, 1954 (which empowers revenue authorities to remove encroachments from Government land) raises a plea of adverse possession, the Assistant Collector must convert himself into a Civil Court as per Section 163(3) of the Act.Justice Ajay Mohan Goel remarked that: “It was...

Deceased Cannot Waive Dependents' Right To Motor Accident Compensation: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a deceased person cannot relinquish the statutory right of his dependents to claim compensation under the Motor Vehicles Act, 1988.Justice Vivek Singh Thakur remarked that: “A person can relinquish his personal claim, but not the claim of other family members or dependents by swearing an affidavit or giving undertaking.”The appeal was filed...

Civic Body Cannot Label Occupant As Trespasser After Seeking Voluntary Vacation On Promise Of Re-Allotment: HP High Court

The Himachal Pradesh High Court has held that a Municipal Corporation can't raise the issue of trespassing by a former occupant, after it had sought vacation of the premises on the promise of re-allotment.Justice Ajay Mohan Goel remarked that: “The respondent–Corporation which got the premises vacated from the petitioner on the promise of the petitioner being put back in possession…...

Himachal Pradesh High Court Gives NHAI 10 Days To Repair Parwanoo–Shimla Highway; Toll Collection To Remain Suspended Till Work Is Complete

The Himachal Pradesh High Court has granted the State and NHAI a window of 10 days to complete the work of Parwanoo- Shimla Highway, and stated that only if the work is completed, would toll collection be allowed from 12th November, 2025 onwards.The Court issued several directions to ensure timely completion and safe road conditions. It directed the State to assist NHAI in overcoming...

Legal Services Authorities Act | Executive Chairman Competent To Delegate Disciplinary Powers To DLSA: HP High Court

The Himachal Pradesh High Court has held that the Executive Chairman of the State Legal Services Authority is legally competent to delegate disciplinary powers to the District Legal Services Authority.It was stated that since proper authorisation took place and no procedural irregularity was found, the disciplinary proceedings against the petitioner were valid.A Division Bench of Chief...

Secondary Evidence Allowed Only Upon Strict Proof Of Loss Or Destruction Of Original Document: HP High Court

The Himachal Pradesh High Court has held that courts can permit secondary evidence only upon strict proof that the original document is lost, destroyed, or withheld by the opposing party. Mere allegations or unsubstantiated claims of loss are insufficient grounds for such permission.Justice Ajay Mohan Goel observed that: “An inquiry report revealed that no original document was submitted by...

HP High Court Orders Finance Secy To Appear With ₹10 Crore Draft Over State's Failure To Release Funds For Judiciary; Warns Of Contempt

The Himachal Pradesh High Court has directed the Finance Secretary of Himachal Pradesh to personally appear with a draft of Rs 10 crore on November 13, with a warning that failure to comply would initiate contempt proceedings.However, the Court also clarified that if the outstanding amount, which is to be sanctioned for the day-to-day running of the judiciary, is cleared and disbursed before...

Shortfall In Land Area Not A Defect In Title: HP High Court Quashes HIMUDA's Order Withholding Payment Of Landowners

The Himachal Pradesh High Court has quashed a communication issued by the Himachal Pradesh Housing and Urban Development Authority , which had withheld payment of to the landowners on the ground that a shortfall in the land area could not be treated as a defect in title under the sale deed.Justice Ajay Mohan Goel said: “This Court is of the considered view that defect in title of land cannot...

Himachal Pradesh High Court Weekly Round-Up: October 27, 2025 To November 2, 2025

Citations: 2025 LiveLaw (HP) 202 to 2025 LiveLaw (HP) 213 Nominal Index: Mahindra and Mahindra Finance Services Limited & another v/s Smt. Basanti Devi., 2025 LiveLaw (HP) 202 Kapil Dev v/s State of H.P., 2025 LiveLaw (HP) 203 Lekh Ram & another v/s State of H.P., 2025 LiveLaw (HP) 204 Ugma Ram v/s State of Himachal Pradesh.,2025 LiveLaw...

Employer Cannot Cite Delay To Deny Employee's Claim When It Failed To Respond To Representation For Years: HP High Court

The Himachal Pradesh High Court dismissed an appeal filed by the National Institute of Technology, Delhi, challenging a Single Judge's order that quashed the withdrawal of a retired employee's higher grade pay and directed the institute to reconsider his claim for financial upgradation. The Court held that the delay was caused by NIT's failure to respond to the employee's...