Section 92 CPC Broadly Worded, Allows Inquiry Into Trust Property Alienation: Himachal Pradesh High Court

The Himachal Pradesh High Court has observed that Section 92(1)(h) of the Code of Civil Procedure is “very widely worded”, empowering courts to grant such further or other relief as the nature of the case may require.The Court further remarked that Section 92(1)(h) is broad and allows “further or other relief” necessary for trust administration, including examining alienation of...

Filing Entrepreneur Memorandum Not Mandatory Under MSME Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that filing an Entrepreneur Memorandum is not a mandatory requirement for micro and small enterprises under the Micro, Small and Medium Enterprises Development Act, 2006.The Court remarked that micro and small enterprises are not bound to file the Entrepreneur Memorandum within 180 days of commencement of the MSMED Act, as the filing was voluntary,...

Himachal Pradesh High Court Upholds Six-Month Extension Granted To Chief Secretary Prabodh Saxena

The Himachal Pradesh High Court has upheld a six-month extension of service granted to the Chief Secretary Prabodh Saxena, and held that its role is not to substitute its own view for that of the Government. The Court reiterated that as Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 permits such extension and due process was followed, there was no ground...

"Treatment By 'Tantriks' Is Not A Valid Excuse For Prolonged Absence From Training As Constable": HP High Court

The Himachal Pradesh High Court has held that the 'treatment from Tantriks' could not be accepted as a valid or permissible ground to justify a trainee's prolonged absence from training as a constable.The Court further noted that the record clearly revealed no admissible medical evidence, and her conduct was incorrigible. Justice Ranjan Sharma remarked that: “Records reveal that the...

CCS (Conduct) Rules | Judicial Officers To Take Approval Before Entering Into High-Value Transactions Involving Movable Property: HP High Court

The Himachal Pradesh High Court has issued an order to the Judicial officers regarding obtaining prior approval of the Court, before entering into transactions regarding movable property.The Court remarked that: “It may be ensured that no such transaction is entered into unless the requisite permission has been secured in advance”.Background:The Court received references/reports and...

Himachal Pradesh High Court Flags Gaps In Agriculturist Certificate Process, Directs State To Revise 2010 Instructions

The Himachal Pradesh High Court has found an “apparent lacunae” in the procedure of issuance of Himachali agriculturist certificates and directed the State government to revamp instructions of March18, 2010 governing verification of agricultural land and eligibility for agriculturist status.The Court remarked that the forms used for issuing certificates required only a declaration that...

Court Cannot Assess Veracity Of Local Commissioner's Report While Deciding Amendment Application: HP High Court

The Himachal Pradesh High Court has held that while deciding an application under Order 6 Rule 17 CPC, the Appellate Court cannot question the veracity of the Local Commissioner's report, as examining its veracity lies within the domain of the parties and must be tested through evidence.The Court further remarked that allowing an amendment does not amount to accepting it; the respondent...

University Cannot Reject Candidate's Degree For Recruitment After Accepting Him For PhD Based On Same Qualification: HP High Court

The Himachal Pradesh High Court held that a university can't apply inconsistent standards by treating a candidate's Master's degree as an eligible subject for PhD admission but ignoring the same qualification during selection for the post of Assistant Professor.Justice Sandeep Sharma remarked that: “...respondents are estopped from adopting different yardsticks while considering M.Sc....

Electricity Ombudsman Can't Decide Review Petition In Absence Of Both Parties: HP High Court

The Himachal Pradesh High Court held that the Ombudsman while deciding a review petition cannot act contrary to Regulation 37(8) Himachal Pradesh Electricity Regulatory Commission Consumer Grievances Redressal Forum and Ombudsman Regulations and decide in complete absence of both parties.The Court further observed that there was nothing on record to show that the petitioner was ever...

Person Who Set Paper Is Best Person To Verify, Court Can't Override Expert View In Exam Matters: HP High Court

The Himachal Pradesh High Court has held that the opinion of a subject expert cannot be substituted by the Court unless it is demonstrably wrong on the face of the record.Justice Sandeep Sharma remarked that: “…opinion given by expert cannot be substituted by Court, until same on the face of it is wrong… best person to verify the correctness… is the person who has set-up the paper.”...

State Cannot Deny Increment & Benefits To Chief Justice's Staff Once CJ Grants Extension Of Service Under Article 229: HP High Court

The Himachal Pradesh High Court has held that once the Chief Justice grants extension of service to his Principal Private Secretary with full consequential benefits under Article 229 of the Constitution, the administrative establishment does not have any right to seek further clarification from the State.Further, the Court remarked that there is a clear distinction between extension in...

HP High Court Issues Notice On Plea Challenging Validity Of S.8A MMDR Act & 1986 Mining Reservation Order

The Himachal Pradesh High Court has issued notice in a writ petition which raises substantial questions regarding the constitutional validity and interpretation of Section 8A of the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”), as amended in 2015, and the legality of the State Government's 1986 reservation notification concerning limestone mining in...