Himachal Pradesh High Court
Party Cannot Cite Witness's Old Age To Justify Non-Production Of Original Rent Agreement In Civil Suit: HP High Court
The Himachal Pradesh High Court has held that a party cannot rely on the old age of a person to justify his failure to produce the witness or prove the alleged original rent agreement in a civil suit.The Court reiterated that when a witness is aged, the law provides a clear mechanism for recording such testimony through a Court-appointed Commissioner. Justice Ajay Mohan Goel remarked that:...
Delay Due To Heavy Rains, Road Blockages Does Not Violate Right To Speedy Trial: HP High Court
The Himachal Pradesh High Court held that the right to speedy trial is not violated when the delay in trial proceedings was due to unavoidable external factors such as road blockages caused by heavy rain.Justice Rakesh Kainthla remarked that: “Due to road blockages from heavy rain, the prosecution could not produce witnesses. However, examining eight witnesses over one year and three...
'Owning Vehicles Not Result Of Income From Drug Trafficking, Biased Information': HP High Court Quashes Preventive Detention
The Himachal Pradesh High Court, in a case of preventive detention, has observed that the State's reliance on the petitioner's ownership of two vehicles to infer illegal income from drug trafficking was based on biased and incorrect information.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj noted: “Both the vehicles were financed from Mahindra...
Delimitation Of Wards Can't Be Done Based On Individual Grievances Under 2015 Civic Election Rules: HP High Court
The Himachal Pradesh High Court has held that electoral ward boundaries cannot be redrawn merely because a single individual is dissatisfied with population distribution.The Court further remarked that delimitation is primarily an administrative exercise involving complex geographic, demographic and boundary-based considerations. The Court reiterated Rule 4 of the Himachal Pradesh...
'Identification In Court Highly Suspect': HP High Court Discharges Two Accused In 2006 Liquor Seizure Case
The Himachal Pradesh High Court has held that lapse in establishing the identity of the accused creates a serious discrepancy in criminal cases, especially in the absence of any independent witness to confirm such identification. Justice Rakesh Kainthla observed that:“It was specifically asserted in the rukka that the drivers of the vans ran away from the spot by taking advantage...
S.324 IPC | Nature Of Victim's Wound & Cut Clothing Clearly Establish Assault, Not Accidental Fall: Himachal Pradesh High Court
In a case under Section 324 IPC, the Himachal Pradesh High Court has held that the injury sustained by the victim in the case, and the condition of his clothing, clearly disproved the accused's claim that the wound resulted from an accidental fall.Further, the Court observed that according to the medical and forensic evidence, the wound on the victim's shoulder made it evident that it was due...
Monthly Income Of Deceased Rightly Assessed In Motor Accident Cases When Salary Certificate Is Unchallenged: HP High Court
The Himachal Pradesh High Court has held that the monthly income of a deceased is deemed to be rightly assessed when the salary certificate is proved and it is not challenged during cross-examination.Justice Jiya Lal Bhardwaj remarked that: “The Court found that the Tribunal correctly assessed the deceased's monthly income as ₹25,000, noting that the salary certificate was proved and...
Cannot Bank On Mother's Pension: HP High Court Allows Eviction, Says Landlord Entitled To Use Own Shop For Livelihood
The Himachal Pradesh High Court has held that a landlord can't be compelled to continue running his business from a rented shop when his own premises are available and his need is genuine.The Court remarked that the landlord's mother's pension is not a permanent source of livelihood, and further observed that the landlord's tenancy somewhere else established his bona fide requirement to...
Lok Adalat Has No Jurisdiction In Respect Of Offences That Are Non-Compoundable: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the National Lok Adalat does not have the jurisdiction to discharge the accused in a criminal case involving non-compoundable offences under Section 324 of the Indian Penal Code.The Court reiterated that:“Section 324 of IPC was compoundable earlier, but was made non-compoundable by Section 28(a) of the Code of Criminal Procedure Amendment...
'Pharmacist's Duties Require Standing, Walking': HP High Court Dismisses Plea By 50% Locomotor-Disabled Applicant
The Himachal Pradesh High Court dismissed a petition filed by a 50% locomotor-disabled candidate challenging the selection of another candidate for the post of Pharmacist.Upholding the State's decision, the Court remarked that the candidate was medically unfit for the duties of a pharmacist due to impaired standing and walking, despite having the required disability certificate.Justice...
Himachal Pradesh High Court Weekly Round-Up: November 10, 2025 To November 16, 2025
Citations: 2025 LiveLaw (HP) 220 to 2025 LiveLaw (HP) 227 Nominal Index: Shri Roshan Lal v/s State of H.P. and another.,2025 LiveLaw (HP) 220 Gargesh Kumar, Sukhwinder Singh v/s Aditya & Anr.,2025 LiveLaw (HP) 221 Himachal Pradesh Road and other Infrastructure Development Corp. Ltd. v/s M/s C&C Construction Ltd., 2025 LiveLaw (HP) 222 Zydus Wellness Products...
'Res Ipsa Loquitor Applicable': HP High Court Says Truck Driver's Negligence Established In Fatal Accident As Truck Fell Into Gorge
The Himachal Pradesh High Court has modified the sentence of a truck driver involved in a fatal accident. The Court held that as the truck plunged off the road, and mechanical inspection showed no fault, the accident itself indicated negligence.Further, the Court noted that as the postmortem report confirmed death due to crush injuries from a road accident, negligence was...