academy Icon academy Icon lawbiz Icon
Subscribe Premium

 Himachal Pradesh High Court

“Possession Of Intermediate Quantity Of Drugs Rule Out Chances Of Being Peddler”: HP High Court Grants Bail To NDPS Accused

The Himachal Pradesh High Court observed that an accused facing multiple NDPS cases involving intermediate quantities of contraband could be granted bail, considering that he was not a drug peddler, and the likelihood of delay in trial. The Court held that, in the peculiar facts of the case, the petitioner deserved an opportunity to reform himself, subject to strict bail conditions.Justice Chirag Bhanu Singh remarked that : “Since the earlier cases pertain to 'intermediate' quantity and...

“No” Means “No”: HP High Court Denies Anticipatory Bail, Says Mere Relationship Does Not Imply Consent To Sexual Acts

The Himachal Pradesh High Court has observed that being in a relationship does not give a person the licence to engage in sexual acts against their partner's will, remarking that “No” had to mean a “No.” The Court made the observation while denying anticipatory bail to a man accused of sexually assaulting his fiancée in a case where the allegations were prima facie corroborated...

Retention Of Istridhan After Divorce Is Not A Continuing Offence For Limitation Purposes: HP High Court

The Himachal Pradesh High Court has held that the alleged retention of a wife's 'Istridhan' may not constitute a continuing offence once the marriage has been dissolved by a decree of divorce. Distinguishing divorce from judicial separation, the Court observed that the legal relationship between the spouses continues in the latter case but stands severed upon dissolution of marriage,...

Denial Of Study Leave To Staff Nurses For M.Sc. Nursing Course Despite Medical Officers Being Given Leave Is Discriminatory: HP High Court

The Himachal Pradesh High Court has held that denying Staff Nurses study leave to pursue postgraduate courses in Nursing, while allowing Medical Officers to pursue postgraduate studies as in-service candidates, is discriminatory. The Court remarked that if postgraduate qualifications obtained by Medical Officers are considered beneficial to public interest, the same rationale would apply...

Excise Inspection Without Prescribed Police Officer Is Invalid, Distillerys Licences Restored: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the absence of a police officer not below the rank of Deputy Superintendent of Police from an excise inspection team constitutes a material defect, rendering the entire inspection proceedings invalid. The Court quashed the cancellation of licences granted to K.M. Distillery Pvt. Ltd., holding that the mandatory requirements under the Himachal...

HP High Court Refuses To Reject Suit Challenging Cooperative Society Election, Says Defence Cannot Be Considered Under Order VII Rule 11 CPC

The Himachal Pradesh High Court has reiterated that while deciding an application for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, courts must confine their examination to the averments in the plaint and the documents accompanying it, without considering the defence raised by the defendants. Dismissing a petition challenging the rejection of such...

Final Acquittal Obliterating Sole Basis Of Dismissal Entitles Police Officer To Reinstatement: HP High Court

The Himachal Pradesh High Court has held that a police officer dismissed from service solely on the basis of a criminal conviction is entitled to reinstatement after the conviction is set aside and he is acquitted in appeal. The Court observed that once the sole basis for dismissal ceases to exist, the officer's case must be reconsidered in accordance with law.Justice Jyotsna Rewal Dua...

Himachal Pradesh High Court Sets Aside ₹1.65 Crore Electricity Assessment For Lack Of Inspection

The Himachal Pradesh High Court has dismissed a writ petition filed by the Himachal Pradesh State Electricity Board Limited (HPSEBL), upholding the appellate authority's decision to set aside an assessment of ₹1.65 crore imposed on M/s Sunoxx International for alleged unauthorised use of electricity. The Court held that proceedings under Section 126 of the Electricity Act, 2003, could not...

HP High Court Quashes LOC Against British Citizen In Property Dispute, Permits Overseas Travel Subject To Conditions

The Himachal Pradesh High Court has quashed a Look Out Circular (LOC) issued against a British citizen in connection with a property dispute, holding that there was no material to suggest that he had attempted to evade arrest or failed to join the investigation despite coercive measures. Justice Sandeep Sharma held that the LOC was issued merely on the basis of apprehension and in the absence...

HP High Court Directs HPSEBL To Pay 50% Back Wages With Interest To Reinstated Workman Over Alleged Illegal Termination

The Himachal Pradesh High Court has directed the Himachal Pradesh State Electricity Board Limited (HPSEBL) to pay 50% back wages, along with up-to-date interest, to a workman whose termination was set aside and reinstatement ordered by the Labour Court. The Court held that once a workman pleads that he remained unemployed after termination, the burden shifts to the employer to establish that...

HP High Court Quashes Notice Issued To Bajaj Finance U/S 94 BNSS For Production Of Allegedly Stolen Pledged Gold

The Himachal Pradesh High Court has held that a non-banking financial company (NBFC) cannot be compelled to produce pledged gold ornaments allegedly linked to a criminal offence merely through a notice issued under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.The Court observed that the investigating agency must approach the competent court under Sections 106 and 107 of...