HP High Court Quashes Dy Commissioners' Power To Modify Panchayat Reservation Roster Beyond Article 243D Of Constitution

The Himachal Pradesh High Court has held that the State's decision to empower Deputy Commissioners to alter up to 5% of the reservation roster went beyond the framework prescribed under Article 243D of the Constitution and Section 125 of the Panchayati Raj Act. It further stated that reservations in Panchayats must strictly follow population-based criteria and rotation, and any deviation...

Baseless Allegations Of Wife's Prior Marriage No Bar To Relief Under DV Act; Wife Entitled To Maintenance: HP High Court

The Himachal Pradesh High Court held that mere allegations of a subsisting prior marriage, in the absence of any legally valid proof, cannot disentitle a woman from seeking relief under the Protection of Women from Domestic Violence Act, 2005. Justice Sandeep Sharma remarked that: “Once marriage inter-se petitioner and respondent No.1 is admitted and no legal/valid document with regard...

“Crime Was Not Result Of Lust But Love”: HP High Court Grants Bail To POCSO Accused, Cites Marital Relationship & Birth Of Child

The Himachal Pradesh High Court has granted regular bail to an accused under the POCSO Act, taking note of the admitted marital relationship between the accused and the minor girl and the fact that a child had been born out of the union. The Court further remarked that continued incarceration of the accused would result in hardship to the prosecutrix, who would otherwise be left to raise...

Claim To Be 'Sole Hereditary Pujari' Of Temple Can't Be Decided In Writ Petition: HP High Court Upholds Rejection Of Man's Plea

The Himachal Pradesh High Court upheld an order rejecting a man's writ petition to be declared the sole hereditary pujari/priest of a temple to the exclusion of the co-priests noting that such a claim cannot be decided in a writ jurisdiction and can only be decided by a civil court. The court was hearing a man's appeal challenging a single judge's order which had rejected a petition by...

Agreement To Sell Executed During Statutory Bar Under HP Tenancy Act Not Specifically Enforceable: High Court

The Himachal Pradesh High Court held that even though the agreement to sell was duly executed and proved, it could not be specifically enforced as it violated a statutory prohibition under the H.P. Tenancy and Land Reforms Act. The Court noted that the suit land was subject to a ten-year restriction on transfer from the date of conferment of proprietary rights, and since the agreement...

HP High Court Quashes Brewery Licence Cancellation; Says Inspection Team Was Not Constituted As Per Excise Act

The Himachal Pradesh High Court dismissed a cancellation order, holding that the inspection team which conducted the inspection of the brewery was not in accordance with the framework under the Excise Act. Justice Jyotsna Rewal Dua remarked that: “The team constituted by the respondents for inspecting petitioner's premises did not have Executive Magistrate of First Class. Apparently, this...

Himachal Pradesh High Court Quashes FIR Against Congress Leader Over Allegedly Abusive Remarks Against PM Modi

The Himachal Pradesh High Court quashed an FIR registered against a Congress leader for allegedly making abusive remarks against the Prime Minister during an election rally. The Court held that the allegations, did not show that the impugned remarks were made to promote enmity or hatred between different classes of citizens on grounds such as religion, caste, or community under Section 125 of...

Co-Owner Cannot Be Denied Enhanced Compensation Granted To Other Co-Owners Under Same Acquisition: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a co-owner whose land has been acquired is entitled to the same compensation as another co-owner, even if the former did not independently seek a reference under the Land Acquisition Act. The Court observed that once fair compensation is judicially determined for land acquired under the same notification, denying the same to similarly placed...

Cheque Dishonour Cannot Be Decided Solely Based On Return Memo Whose Authenticity Is Yet To Be Established: HP High Court

The Himachal Pradesh High Court held that the question of cheque dishonour cannot be conclusively determined merely based on a return memo. It remarked that such a document, without being duly established through evidence, can't form the sole basis for deciding disputed issues at the stage of quashing, and the matter must instead be examined during trial. Justice Sandeep Sharma remarked...

Contiguity, Distance And Local Convenience Key In Panchayat Delimitation: Himachal Pradesh High Court

The Himachal Pradesh High Court held that Panchayati Raj institutions must reflect ground realities and can't be structured through abstract administrative decisions. It emphasised that factors such as contiguity, distance, personal relations, and local convenience are central to delimitation, ensuring that grassroots governance remains responsive to local needs.A Division Bench of Justice...

Appeal Against Interlocutory Order Framing Charge Not Maintainable Under SC/ST Act: HP High Court

The Himachal Pradesh High Court held that an appeal against an order framing charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not maintainable, as the order is an interlocutory order and does not determine the final rights of the parties.Justice Jiya Lal Bhardwaj observed that: “...the order framing of the charges is purely an interlocutory...

'State's Right To File Reply Cannot Be Curtailed': HP High Court Sets Aside Tribunal Order Granting Service Benefits

The Himachal Pradesh High Court has held that a State's right to file a reply cannot be curtailed by adjudicatory bodies, setting aside a Tribunal order that granted service benefits without affording the State an opportunity to respond. Emphasising principles of natural justice and procedural fairness, the Division Bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi ruled...