S.138 NI Act | Complainant's Consent Not Necessary For Compounding Case When He Is Duly Compensated: Himachal Pradesh High Court

The Himachal Pradesh High Court recently held that it can compound a case registered under the provisions of the Negotiable Instrument Act, even in absence of consent of the complainant, where the complainant is duly compensated.The observations came from Justice Vivek Singh Thakur while hearing a plea in terms of which the petitioner had challenged Sessions Court's order, upholding the...

HP High Court Orders ₹2 Lakh Compensation For Sweeper Who Was Made To Dispose Of Collected Urine For 1 Month

The Himachal Pradesh High Court on Saturday ordered the state authorities to provide 2 Lakh as compensation to a sweeper who was assigned the job of disposing of collected urine in the incomplete toilets in a Government Polytechnic.Observing that the state officials had not only violated the fundamental rights of the petitioner, who hails from the Scheduled Caste category, but also the...

Rejection Of Appeal For Restoration Of GST Registration - Delay Of 1 Day Is Hyper Technical: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the rejection of an appeal for the restoration of GST registration for a delay of 1 day is hyper-technical.The division bench of Justice Tarlok Singh Chauhan and Justice Virender Singh has allowed the claim of the petitioner, stating that the view taken by the appellate authority is quite hyper-technical and academic and that rejecting the appeal...

Himachal Pradesh High Court Confers 'Senior Designation' On 13 Advocates Including 2 Female Lawyers

The Himachal Pradesh High Court, on Wednesday, conferred 'senior designation' on 13 Advocates, including 2 female Advocates while exercising the power vested in it under Section 16(2) of the Advocates Act, 1961. The list includes the names of the following lawyers, Ajay KochharBhuvnesh SharmaDeepak BhasinDeepak KaushalDevyani Kuthiala (Sharma)Ishwari Nand...

Non-Scheduled Bank Required To Tax The Interest On Sticky Loans Or NPAs On Receipt Basis: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the non-scheduled bank was required to tax the interest on the sticky loans and non-performing assets (NPAs) on a receipt basis.The division bench of Justice Sabina and Justice Sushil Kukreja has observed that an amendment to Section 43D by Finance Act, 2017 was made by which the scope of section 43D to Co-operative Banks was extended. Although...

"Hard To Believe That A Female Would Name Any Unknown Person As Father Of Her Son": Himachal Pradesh High Court

The Himachal Pradesh High Court on Thursday upheld an order of a Family Court which directed the petitioner to pay maintenance to his alleged son. The child's mother had also deposed that the child was born out of her physical relationship with the petitioner, who once had kept her as his 'mistress'. While dismissing the revision petition, a Single Judge Bench of Justice...

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition

The Himachal Pradesh High Court, while disposing of a petition filed for compensation by a person whose land was acquired by the NHAI, held that once the land has been acquired by the NHAI under the relevant statutory provisions, the authorities could not divest themselves or reconvey the land on the basis that the acquired land was no longer required by them. The single bench of...

HP High Court Grants Bail To Murder Accused Lodged In Jail With Her Minor Son To Enable Him To Develop Acquaintances With Father

The Himachal Pradesh High Court on Wednesday granted bail to a murder accused who has been lodged in jail with her minor son for more than 3 years, so as to enable the child to develop acquaintances with other family members, especially his father.Significantly, the Court opined that even if it is presumed that the mother of the child (accused/bail petitioner) has committed the offence of...

Mere Delay In FIR Doesn't Entitle Accused To Bail: HP High Court Rejects Plea By Hospital Employees Accused Of Raping 13-Yr-Old House Help

The Himachal Pradesh High Court recently denied bail to two persons accused of raping their employer's 13 years old domestic helper. The single bench of Justice Satyen Vaidya said that the offence alleged is of serious and grave nature and mere delay in lodging the FIR will not help the petitioners in their prayer for bail.The petitioners, one aged 29 years and another 36 years, were...

'What Is So Special About 0001 To 0010?': HP High Court Asks Chief Secretary To Justify Allotment Of VIP Numbers For Govt Vehicles

The Himachal Pradesh High Court on Wednesday asked the state Chief Secretary to explain why serial numbers 0001 to 0010 for the number plates of vehicles have been exclusively reserved for government officials and departments. Hearing a petition related to the denial of allotment of a registration number to one Sanjay Sood, Justice Ajay Mohan Goyal perused a Department Of...

Reservation Benefits Of One State Cannot Be Claimed In Another State Even If Migration Is On Account Of Marriage: Himachal Pradesh HC

In a case filed by a candidate claiming reservation based on her status of being a person from a 'Scheduled Tribe', the Himachal Pradesh High Court has held that reservation cannot be claimed by a person in the migratory state upon migration from another state even when such migration took place for reasons of marriage. The case related to a petitioner-woman, who by birth belonged to...

'Eviction Can't Be Stalled For Want Of Demarcation': Himachal Pradesh High Court Orders Removal Of Encroachments From Highways

Observing that the eviction of encroachers cannot be stalled for want for demarcation, the Himachal Pradesh High Court has directed the state Public Works Department to remove the encroachments on the highways in Shimla, Mandi and Hamirpur within a period of four weeks."The Deputy Commissioner(s) as also Superintendent(s) of Police of the concerned District(s) are directed to render all...