Himachal Pradesh High Court
Casual Absence Of Govt Officials Not “Sufficient Cause” To Condone Delay In Challenging Arbitral Award: HP High Court
The Himachal Pradesh High Court has dismissed an application filed by the Himachal Pradesh State Electricity Board seeking condonation of delay in filing objections against an arbitral award passed in favour of HCL Infotech Ltd., holding that bureaucratic delays and internal movement of files do not constitute sufficient cause for delay.Rejecting the State's contention, the Court remarked...
Partnership Deed Without Proof Of Accounts Cannot Be Used As Camouflage To Conceal Subletting By Tenants: HP High Court
The Himachal Pradesh High Court held that a partnership deed without proof of books of accounts cannot be used as a camouflage to conceal subletting by the tenants. Justice Satyen Vaidya remarked that: “Evidently, the partnership deed was executed for dual purpose, firstly to camouflage the relationship and secondly to secure the interest of the tenants to get monthly...
Possessing Intermediate Quantity Of Opium Poppy Doesn't Attract Rigors Of S.37 NDPS Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that possession of 7.033 kg of poppy husk is an intermediate quantity and the rigorous conditions for bail under Section 37 of the NDPS Act are not applicable in such cases.Justice Rakesh Kainthla reiterated that: “The Central Government has issued a notification prescribing 1 kg of opium poppy straw as the small quantity, and 50 kg of the poppy straw...
“Sali” Is Filthy Abuse But Not 'Intentional Insult' Causing Breach Of Peace: HP High Court Sets Aside S.504 IPC Conviction
The Himachal Pradesh High Court has held that mere usage of the word "sali", though amounting to filthy abuse, does not fulfil the ingredients of “intentional insult” under Section 504 of the Indian Penal Code unless it provokes or is likely to provoke breach of peace.Justice Rakesh Kainthla remarked that: “In the present case, the use of the term 'sali' amounts to filthy abuse....
Right Of Accused To Lead Defence Cannot Be Snatched Away Even If He Failed To Do So When Examined U/S 313 CrPC: HP High Court
The Himachal Pradesh High Court has held that an accused cannot be deprived of the right to lead defence evidence merely because he had earlier declined to do so when examined under Section 313 of the Code of Criminal Procedure.The Court remarked that the trial court cannot discuss the merits of a probable defence while deciding an application under Section 311 CrPC.Justice Virender...
Himachal Pradesh High Court Weekly Round-Up: October 20, 2025 To October 26, 2025
Citations: 2025 LiveLaw (HP) 196 to 2025 LiveLaw (HP) 201 Nominal Index: Kashmir Chand Shadyal v/s State of H.P. and others., 2025 LiveLaw (HP) 196 Kamli and others v/s Boby Chauhan & others., 2025 LiveLaw (HP) 197 Padam Sharma & Ors. v/s State of Himachal Pradesh & Ors.,2025 LiveLaw (HP) 198 Pushpa Devi v/s State of Himachal Pradesh.,2025 LiveLaw...
Executing Court Cannot Rely On Evidence From Separate Proceedings Between Parties Under Different CPC Provision: HP High Court
The Himachal Pradesh High Court has held that an executing court can't rely on evidence led in a separate proceeding under a different provision of the Civil Procedure Code between the parties.The Court remarked that such conduct shows a “complete non-application of judicial mind.”Justice Ajay Mohan Goel remarked that: “there was a complete non-application of judicial mind by the...
State Energy Directorate Can't Reject Accreditation For Renewable Energy Certificates, Only Central Agency Has Authority: HP High Court
The Himachal Pradesh High Court has held that the Directorate of Energy does not have jurisdiction to reject an application for accreditation under the Renewable Energy certificate mechanism, as such decisions fall within the exclusive domain of the central agency designated by the Central Electricity Regulatory Commission.Justice Ajay Mohan Goel remarked that: “Whether or not a...
Dismissal Of Border Police Constable For Absence Due To Illness Is “Harsh & Unjustified”: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the dismissal of an Indo-Tibetan Border Police constable for alleged desertion was arbitrary and disproportionate, particularly when his absence was due to medical reasons and he had served the force with an unblemished record for over 18 years.Justice Sandeep Sharma remarked that: “The petitioner had rendered over 18 years of unblemished...
Himachal Pradesh High Court Seeks Response On Plea Alleging Construction Of Illegal Road Over Natural Water Channel
The Himachal Pradesh High Court has sought a response from the state authorities on a petition alleging the construction of an illegal road over a natural water channel.Justice Jyotsna Rewal Dua issued notice to Himachal Pradesh State Authorities including Deputy Commissioner, Kangra and listed the matter for November 4.Retired Lt. Col. Sandesh Kumar, a resident of Village Jalera in...
Himachal Pradesh High Court Declines Anticipatory Bail To Woman Accused Of Confining, Beating Scheduled Caste Boy For Touching Her House
The Himachal Pradesh High Court has denied anticipatory bail to a woman who was accused of confining and beating the deceased child because he belonged to a schedule caste and had touched her house. She also allegedly demanded a sacrificial goat for purification of her house.The Court noted that such conduct of the accused was clearly motivated by caste-based discrimination.Justice...
Right To Worship At Temple Cannot Be Curtailed; State Must Balance Faith And Public Order: HP High Court
The Himachal Pradesh High Court has held that prohibiting entire communities from worshipping at their deity's temple violates their constitutional right to freedom of religion under Articles 25 and 26.The Court stated that such rights can only be restricted on grounds of public order, morality, or health, and that too through reasonable and proportionate measures.The Court remarked...