Easementary Right By Prescription Can't Be Claimed Without Specifically Pleading & Identifying Pathway: Himachal Pradesh High Court

The Himachal Pradesh High Court has dismissed a claim seeking recognition of a prescriptive right of way, holding that an easementary right by prescription cannot be established unless the alleged passage is specifically pleaded and clearly identified. The Court noted that the plaintiff had failed to sufficiently establish the pathway through the defendants' land, with the pleadings and evidence lacking clarity regarding the passage.Justice Rakesh Kainthla observed:“In the absence of...

Vehicle Without Valid Permit, Fitness Certificate Breaches Insurance Policy: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a transport vehicle being operated without a valid permit and fitness certificate amounts to a violation of the terms and conditions of the insurance policy. The Court accordingly held that the insurer could not be fastened with the ultimate liability for compensation, while applying the “pay and recover” principle to direct the Insurance...

Fresh Direct Appointment Confers No Promotional Increment Or Past-Service Benefits Absent Statutory Entitlement: HP High Court

The Himachal Pradesh High Court has held that past service rendered on a lower post cannot be counted towards service on a higher post for claiming service benefits unless the applicable Recruitment and Promotion Rules expressly permit such counting. The Court made the observation while dismissing a plea by a former Dai seeking to club her service as Dai with her subsequent service as...

HP High Court Directs DGP To Issue Guidelines On Proving Age Of Child Victims, Cites Repeated Investigative Lapses

The Himachal Pradesh High Court has directed the Director General of Police, Himachal Pradesh, to circulate Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 along with necessary guidelines to all Investigating Officers, after observing that prosecution cases have failed due to lapses in collecting evidence relating to the age of child victims.A Division Bench...

Parole Cannot Be Denied Merely Because Convict Is Citizen Of Nepal When Family Residing In India For Decades: HP High Court

The Himachal Pradesh High Court has held that a convict's Nepalese citizenship, by itself, cannot be a ground to deny parole when his family has been residing in India for several decades. The Court observed that where the prisoner's family has established long-standing residential and social ties in India, and his conduct in custody is satisfactory, apprehensions of absconding to Nepal...

Improved Marks In Revaluation Relate Back To Date Of Original Qualification & Must Be Considered In Merit: Himachal Pradesh High Court

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G. S. Sandhawalia and Justice Chirag Bhanu Singh held that improved marks obtained through re-valuation or re-examination relate back to the date of the original qualification and must be considered for eligibility/merit. Background Facts The appellant had applied for the post of 'Van Mitra'. He had...

'Publishing News On True Facts Not Defamation': Himachal Pradesh High Court Quashes Case Against Newspaper Editor

The Himachal Pradesh High Court has quashed a defamation complaint against the editor of a newspaper, holding that publication of a news report based on true and undisputed facts, particularly where the complainant's clarification was also sought and published, could not amount to defamation. The Court observed that the report was based on factually correct information and that the newspaper...

Unemployment, Poor Business, Loan Repayments Can't Justify Failure To Pay Wife's Maintenance: HP High Court

The Himachal Pradesh High Court has held that a husband's financial constraints, lack of employment, poor business performance or outstanding loans cannot be used as an escape route to avoid his obligation to pay maintenance to his wife, including a divorced wife. The Court observed that the wife's right to maintenance cannot be sacrificed on account of financial difficulties arising from...

Date Of Birth In Service Records Cannot Be Corrected Beyond Two-Year Limit: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the time limit prescribed under the service rules for correction of an employee's date of birth must be strictly adhered to, and courts cannot permit a belated correction merely on equitable considerations. The Court observed that where the rules prescribe a two-year period for seeking correction, the court cannot extend or relax the period beyond...

'Khufia Suragh Barari' Is General Police Endeavour, Not Specific Prior Information Triggering Section 42 NDPS Act: HP High Court

The Himachal Pradesh High Court has held that the expression “khufia Suragh Barari” used in a police diary entry does not signify specific prior information of an NDPS offence so as to trigger the mandatory compliance of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court observed that the expression refers to a general search or endeavour by the police to...

Co-Employee Cannot Challenge Colleague's ACR Grading Merely Because It Led To Supersession In Promotion: HP High Court

The Himachal Pradesh High Court has held that a co-employee has no locus standi to challenge the ACR grading of a colleague merely because the latter's higher grading has resulted in his or her supersession in promotion. The Court observed that where the colleague had been graded “Outstanding” by the competent authorities, a rival employee cannot seek interference with such ACRs in...

'Motherhood Cannot Be Distinguished By Surrogacy': HP High Court Upholds Commissioning Mother's Right To Maternity Leave

The Himachal Pradesh High Court has held that a commissioning mother is entitled to maternity leave on par with any other female government servant, quashing the State authorities' decision to deny such leave to Dr. Juhi Manhas. The Court observed that the petitioner, having become a commissioning mother on two occasions, had a right to maternity leave for both periods and that the State's...