Section 10 CPC Deals With Stay Of Subsequent Suits, Not Clubbing Or Consolidation Of Cases: Himachal Pradesh High Court

The Himachal Pradesh High Court held that Section 10 of the Civil Procedure Code has nothing to do with the connection with consolidation or clubbing of suits. It provides for the stay of subsequent suits filed between the same parties on the same cause of action.Justice Ajay Mohan Goel remarked that: “Section 10 of the Civil Procedure Code has got nothing to do with the issue of clubbing...

Industrial Disputes Act | Govt Can't Amend Industrial Dispute Reference Without Fresh Demand: HP High Court

The Himachal Pradesh High Court has held that in the absence of any demand or dispute regarding termination the government does not have any authority to refer the issue to the Labour Court.The Court clarified that such termination could only be taken up through a fresh industrial dispute or a direct application under Section 2A of the Industrial Disputes Act.Justice Ajay Mohan Goel...

'Denial Would Punish Family': HP High Court Grants Probation To Man Convicted Of Rash Driving After 20 Years

The Himachal Pradesh High Court granted probation to a man after 20 years who was convicted of rash and negligent driving. The Court took into account his good conduct, long pendency of trial, and the reformatory nature of criminal law.Justice Virender Singh remarked that: “Rejecting the prayer of the convict to release him on probation, would amount to punishing his family members, for...

Causing Injury To Public Servant On Duty Must Be Viewed Seriously; 6-Month Sentence Not Excessive: HP High Court

The Himachal Pradesh High Court has held that injury to a public servant while on official duty must be viewed seriously and a punishment of six months is not excessive in such cases.Justice Rakesh Kainthla remarked that: “a sentence of six months cannot be said to be excessive because a public servant was injured while discharging his official duties, and such acts are to be...

School Management Committee Is Statutory Body Under RTE Act; Recovery For Financial Irregularities Cannot Be Made From Single Teacher: HP HC

The Himachal Pradesh High Court held that the School Management Committee is a statutory body under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, and recovery for financial discrepancies can't be imposed on a single teacher.The Court further remarked that it is the management committee that collectively monitors government grants, so fixing recovery solely on...

Junior Can't Draw Higher Pay Than Senior Under 2022 Civil Service Rules; Recovery Barred If Excess Due To Departmental Error: HP High Court

The Himachal Pradesh High Court has held that, as per the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, a government employee's pay can't exceed that of their immediate senior.However, the Court quashed the recovery of excess salary paid to the petitioner, as the excess payment made occurred due to a departmental error.Justice Jyotsna Rewal Dua remarked that: “Admittedly, a...

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...