Himachal Pradesh High Court
Himachal Pradesh High Court Monthly Digest: October 2025
Citations: 2025 LiveLaw (HP) 181 to 2025 LiveLaw (HP) 211 Nominal Index: State of H.P. v/s Soni and another.,2025 LiveLaw (HP) 181 Dr. Sunil Dutt V/s State of H.P. and others.,2025 LiveLaw (HP) 182 Rishita Kapur and another V/s Vijay Kapur and another.,2025 LiveLaw (HP) 183 United India Insurance Company Ltd. V/s Jamna Devi & others.,2025 LiveLaw...
Sale Deeds Executed After Acquisition Notice Cannot Be Used To Inflate Land Value: HP High Court
The Himachal Pradesh High Court has held that sale deeds executed after the issuance of the acquisition notification could not be used for determining market valueThe Court remarked that only sale deeds executed before acquisition notification could be relied upon for assessment of fair market value and the sale deeds executed later are often for the purpose of showing increased land...
Mere Possession Of Large Quantity Of Kerosene By Consumer Not An Offence Under Essential Commodities Act: HP High Court
The Himachal Pradesh High Court held that mere possession of kerosene without a permit does not constitute an offence under Section 7 of the Essential Commodities Act, 1955 (which prescribes penalties for contravention of orders issued under the Act).The Court remarked that the Kerosene (Restriction of Use and Fixation of Prices) Order, 1993, only applies to licensed dealers and...
No Cumulative Rate Of Increase In Value Can Be Granted When There Is Short Gap Between Sale Deed & Land Acquisition Notice: HP High Court
The Himachal Pradesh High Court has held that when the gap between the sale transaction date and the land acquisition notification is short, a cumulative rate of increase cannot be granted while assessing the market value of the land.The Court remarked that since the sale deed and the acquisition notification were issued within a period of nine months, no cumulative rate of increase could...
Execution Petition Not Maintainable Merely Because Award Debtor's Bank Has Branches In State; Jurisdiction Lies Where Account Is Kept: HP High Court
The Himachal Pradesh High Court has held that an execution petition is not maintainable in any state where the award debtor's bank has branches. The Court remarked that it will only be maintainable in the State where the award debtor maintains a bank account.Justice Ajay Mohan Goel remarked that: “Simply because the award debtor has an account in a bank in Chhattisgarh, which bank also has...
Himachal Pradesh High Court Denies Zydus Interim Relief In 'Glucon-D v Glucose-D' Trademark Case
The Himachal Pradesh High Court has recently refused to grant interim relief to Zydus Wellness Products Ltd., which had sought to restrain Leeford Healthcare Ltd. from using the marks “Glucose-D” and “Glucose-C” for its glucose-based products. A single bench of Justice Sandeep Sharma, in an order dated November 11, 2025, held that a company cannot claim exclusive rights over...
Himachal Pradesh High Court Weekly Round-Up: November 2,2025 To November 9, 2025
Citations: 2025 LiveLaw (HP) 214 to 2025 LiveLaw (HP) 219 Nominal Index: National Institute of Technology, Delhi v/s Raj Kamal Verma and others.,2025 LiveLaw (HP) 214 Sachin Shridhar & others v/s Himachal Pradesh Housing & Urban Development Authority.,2025 LiveLaw (HP) 215 Shri Mansha Ram v/s Shri Amar Nath (since deceased) through Lrs. Sh. Ashok Kumar and...
Arbitral Award Without Corroboration Of Claim Certificate Patently Illegal: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that when there is no appearance of a qualified person to corroborate the claim certificate, the arbitral award suffers patent illegality.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma remarked that: “In the absence of corroboration of the certificate… and any qualified person putting in appearance, the award of...
MV Act | Driver Not Jointly Liable For Accident; Owner Of Vehicle Solely Responsible To Pay Interim Compensation: HP High Court
The Himachal Pradesh High Court has held that under Section 140 of the Motor Vehicles Act, 1988, only the owner of a vehicle can be held liable to pay interim compensation on the principle of “no fault” and the driver of the vehicle cannot be made jointly liable with the owner.Justice Sushil Kukreja remarked that: “The driver could not have been made liable to pay the compensation...
HP Land Revenue Act | Assistant Collector Must Act As Civil Court When There Is Plea Of Adverse Possession: HP High Court
The Himachal Pradesh High Court held that when a person facing eviction under Section 163 of the H.P. Land Revenue Act, 1954 (which empowers revenue authorities to remove encroachments from Government land) raises a plea of adverse possession, the Assistant Collector must convert himself into a Civil Court as per Section 163(3) of the Act.Justice Ajay Mohan Goel remarked that: “It was...
Deceased Cannot Waive Dependents' Right To Motor Accident Compensation: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a deceased person cannot relinquish the statutory right of his dependents to claim compensation under the Motor Vehicles Act, 1988.Justice Vivek Singh Thakur remarked that: “A person can relinquish his personal claim, but not the claim of other family members or dependents by swearing an affidavit or giving undertaking.”The appeal was filed...
Civic Body Cannot Label Occupant As Trespasser After Seeking Voluntary Vacation On Promise Of Re-Allotment: HP High Court
The Himachal Pradesh High Court has held that a Municipal Corporation can't raise the issue of trespassing by a former occupant, after it had sought vacation of the premises on the promise of re-allotment.Justice Ajay Mohan Goel remarked that: “The respondent–Corporation which got the premises vacated from the petitioner on the promise of the petitioner being put back in possession…...