Himachal Pradesh High Court
Himachal Pradesh High Court Upholds Amendment Of Plaint To Rectify Khasra Number, Says Cause Of Action Unaffected
The Himachal Pradesh High Court dismissed a petition challenging an order allowing amendment of a plaint to correct an erroneous khasra number, holding that such a limited amendment does not alter the cause of action or change the nature of the suit. Justice Ajay Mohan Goel remarked that: “the amendment allowed, being limited and restricted to the change in the number of khasra of the property only, cannot be said to have either altered the cause of action or changed the nature of the...
State Can't Forfeit EMD After Bid Validity Expires; Show Cause Notice Mandatory: HP High Court Quashes Intas Pharma's Blacklisting
The Himachal Pradesh High Court has quashed an order of blacklisting and directed the refund of Earnest Money Deposit (EMD) to Intas Pharmaceuticals, holding that once the bid validity period has expired, the State cannot penalise a bidder for refusing to extend the bid validity. The Court further held that a three-year debarment has serious civil and adverse consequences and cannot be...
Auto Rickshaw Permit | After HP High Court Terms 'Self-Driving' Condition Arbitrary, State Relaxes Rules For Widows & Incapacitated Owners
The Himachal Pradesh High Court recently disposed of a writ petition after the State Transport Authority (STA) issued new instructions relaxing the condition requiring an auto-rickshaw owner to personally drive the vehicle as a prerequisite for the grant of a permit. The relaxation was made after the High Court observed that the rigid restriction was unreasonable and arbitrary, as it failed...
Himachal Pradesh High Court Monthly Digest : December 2025
Citations: 2025 LiveLaw (HP) 246 to 2025 LiveLaw (HP) 262 Nominal Index:Prem Chand Verma v/s State of Himachal Pradesh and another, 2025 LiveLaw (HP) 246Veeku v/s State of H.P. and others.,2025 LiveLaw (HP) 247Raj Industries v/s Himachal Pradesh State Electricity Board & others, 2025 LiveLaw (HP) 248Seema Sharma v/s Dr. Y.S. Parmar University of Horticulture and Forestry and Anr., ...
Arbitration | 'Substantial Financial Interest' No Ground To Implead Non-Signatory; Active Participation In Contract Essential: HP High Court
The Himachal Pradesh High Court has ruled that merely because a party has a substantial financial interest in the subject matter of the contract, that alone cannot be a ground for impleading it as a party in the arbitration proceedings between the parties before the learned Arbitrator.The HC thus upheld an arbitral tribunal's decision rejecting the impleadment application of a non-signatory...
Co-Sharer In Separate Possession Can't Be Restrained From Construction On Joint Land In Absence Of Proven Prejudice: HP High Court
The Himachal Pradesh High Court has held that a co-sharer cannot ordinarily be restrained from raising construction on joint land merely because the property remained undivided, provided the construction does not amount to ouster or cause detriment to the other co-ownersA bench of Justice Ajay Mohan Goel remarked that: "A co-owner is not entitled to an injunction restraining...
S. 126 Electricity Act | Assessment Based Solely On Board's Records Illegal; Inspection Of Site/ Consumer Records Mandatory: HP High Court
The Himachal Pradesh High Court has held that a provisional assessment for unauthorised use of electricity under Section 126 of the Electricity Act, 2003, cannot be made without conducting a site inspection or inspecting the records maintained by the consumer.Justice Ajay Mohan Goel rejected the Board's argument that its own records could form the basis of assessment under Section 126...
Date Of Appointment Letter, Not Date Of Joining, Decisive For Pay Fixation Benefits: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that an ex-serviceman's vested right to have his entire approved military service counted for the purpose of pay fixation cannot be defeated merely because he joined civil service after an amendment to the applicable rules came into force. The Court emphasised that the decisive factor is the date of issuance of the appointment letter and not the date...
Poultry Farm Can't Operate 50 Metres From Residential Area Despite Having Less Than 5,000 Birds: Himachal Pradesh High Court
The Himachal Pradesh High Court held that siting criteria for poultry farms apply independently of the number of birds being reared, and that no poultry farm—small or large can be permitted to operate within 500 metres of a residential area. The Court directed the immediate closure of a poultry farm situated barely 50–60 metres from residential houses in District Kangra.The Court...
General, Vague Allegations Of Dowry Harassment Insufficient To Prove Cruelty Or Abetment Of Suicide: HP High Court
The Himachal Pradesh High Court has set aside the conviction of a husband, his mother, and his brother for offences under Sections 498A and 306 read with Section 34 of the Indian Penal Code, on the ground that general, vague and non-specific allegations of dowry harassment are insufficient to establish cruelty or abetment of suicide. The Court further remarked that prosecution in...
Himachal Pradesh High Court Stays Shifting Of Backward Classes Commission Office From Shimla To Dharamshala
The Himachal Pradesh High Court has stayed the State Government's decision to shift the office of the H.P. State Commission for Backward Classes from Shimla to Dharamshala, holding that the decision required closer examination in light of administrative and financial implications. A Division Bench of Chief Justice G.S. Sandhawlia and Justice Jiya Lal Bhardwaj while hearing a public...
Himachal Pradesh High Court Weekly Round-Up: January 5, 2026 To January 11, 2026
Citations:2025 LiveLaw (HP) 270 to 2025 LiveLaw (HP) 285Nominal Index:Astha Thakur v/s Dhananjay Kanwar.,2025 LiveLaw (HP) 270M/s RK Products through its proprietor Smt. Kusum Mahajan V/s The Chairman Himachal Pradesh.,2025 LiveLaw (HP) 271Abhishek v/s State of H.P..,2025 LiveLaw (HP) 272Veena Devi v/s State of H.P. and Another.,2025 LiveLaw (HP) 273State of H.P. V/s Vinod Kumar...