Himachal Pradesh High Court
Strangers Can Be Proceeded Against For Breach Of Injunction Under Order 39 Rule 2A CPC: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the scope of Order 39 Rule 2-A of the Code of Civil Procedure,1908, which lays down consequences for disobeying an injunction or breaching the terms, is not confined to the parties in the suit. The provision applies to any person who has violated the order of the court.Justice Ajay Mohan Goel remarked that: "In case of disobedience or breach of...
Translated Versions Of Already Exhibited Documents Do Not Constitute Additional Evidence: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that translated versions of already exhibited documents are not additional evidence and the courts must prioritize justice over procedural technicalities.Justice Ajay Mohan Goel remarked that: “...by no stretch of imagination it was an application to lead additional evidence. Interest of justice would have been served had the learned Appellate...
Mere Agreement To Sell With Option To Lease Does Not End Landlord-Tenant Relationship: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that when an agreement to sell has the option to either sell or lease the property, the landlord tenant relationship continues to exist.The Court clarified that according to Section 54 of the Transfer of Property Act, 1882 “Agreement to Sell does not create any title in favour of the purchaser as it is only an Agreement to Sell but not sale or...
HP High Court Grants Bail To Man Accused Of Accidentally Shooting Another Person, Believing Him To Be A Wild Animal
The Himachal Pradesh High Court has granted bail to the prime co-accused in the accidental shooting of another person, believing him to be a wild animal, and reiterated that the same amounts to death caused by negligence under Section 106 of the Bhartiya Nyaya Sanhita and not the offence of murder under Section 103 BNS.Justice Rakesh Kainthla remarked that: “…they did not intend to cause...
Mere Payment Of Rent By Partnership Firm Does Not Confer Tenancy Rights: HP High Court
The Himachal Pradesh High Court has held that when the tenancy is in the name of an individual, mere payment of rent by a partnership firm does not confer tenancy rights in its favour unless there is a valid tenancy in the name of the firm.Justice Ajay Mohan Goel remarked that: “Maybe even if some payments were made by some partnership firm, this does not mean that the said partnership...
Insurance Company Cannot Use Hidden Or Undisclosed Clauses To Deny Compensation: Himachal Pradesh High Court
The Himachal Pradesh High Court held that an insurance company cannot rely on clauses to deny compensation which was not revealed to the insured at the time of signing the agreement.Emphasizing on the principle of good faith, the court remarked that it was the duty of the insurance company to inform the insured about all clauses. Applying the Doctrine of Blue Pencil (which strikes off...
Himachal Pradesh High Court Weekly Round-Up: September 29 To October 4, 2025
Citations: 2025 LiveLaw (HP) 176 to 2025 LiveLaw (HP) 183Nominal Index:State of H.P. v/s Chander Sharma & Others., 2025 LiveLaw (HP) 176Subash Kumar & others v/s State of Himachal Pradesh .,2025 LiveLaw (HP) 177Ashok Kumar v/s Dusha Kapil & another.,2025 LiveLaw (HP) 178Smt. Asha Rani V/s State of H.P. & Others.,2025 LiveLaw (HP) 179State of H.P. v/s Rajesh Kumar.,2025...
Father Cannot Seek Refund Of Excess Maintenance Paid To Children After They Attain Majority: HP High Court
The Himachal Pradesh High Court has held that a father cannot seek a refund of maintenance paid to his children after they attain majority, as he has a moral duty to support them for their education.Justice Vivek Singh Thakur and Justice Sushil Kukreja remarked that: “...being a father, even if, he has no legal duty, but has a moral obligation and duty as a father to ensure maintenance to...
Post-Graduation Diploma Not Equivalent To Post-Graduate Degree For Purpose Of Promotion: Himachal Pradesh High Court
The Himachal Pradesh High Court held that a postgraduate diploma cannot be treated as equivalent to a postgraduate degree for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999. A Division Bench of Justice Vivek Singh Thakur & Justice Sushil Kukreja noted that: “There is no reference of Post Graduation Diploma in the...
Preparing Joint Consent Memo To Search Both Accused Amounts To Violation Of Mandatory Requirement U/S 50 NDPS Act: HP High Court
The Himachal Pradesh High Court held that when two accused are searched under the Narcotic Drugs and Psychotropic Substances Act, 1985, each must be individually informed of their right under Section 50 of the Act.Relying on the Supreme Court judgements of State of Rajasthan v. Parmanand & Anr., 2014 & Ranjan Kumar Chaddha v. State of Himachal Pradesh, 2023 the Court held...
Inimical Relationship Between Victim & Accused Requires Cautious Evaluation: HP High Court Upholds Acquittal In Molestation Case
The Himachal Pradesh High Court upheld the acquittal of an accused in a molestation case, observing that when the victim submits that she does not have cordial relations with accused and was not on talking terms with him, her testimony requires greater caution.Justice Rakesh Kainthla held that: “The informant admitted that she had an inimical relationship with the accused, and she was not...
Date Of Passing Final Exam Relevant For Batch-Wise Recruitment, Not When Certificate Was Issued: HP High Court
The Himachal Pradesh High Court held that for batch-wise recruitment, the year and month of passing the final examination must decide the candidate's batch and not the date on which the certificate was issued.Rejecting the State's contention, Justice Sandeep Sharma observed that “…it is nowhere mentioned in the R&P Rules that date of issuance of certificate given in the certificate...