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...

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...