Himachal Pradesh High Court
[Arbitration Act] For Condonation Of Delay In Filing Section 34, Party Is Obligated To Reveal Bonafidies Coupled With Plausible Reasons: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Satyen Vaidya held that for showing sufficient cause as required under the proviso to Section 34 (3) of the Arbitration and Conciliation Act, 1996, the party is obligated to reveal their bonafidies coupled with plausible reason in not filing the application within the prescribed time. Section 34(3) of the Arbitration and Conciliation Act, 1996, deals with the time limit for filing an application to set aside an arbitral award. ...
Interpretation Of Agreement By Arbitrator Cannot Be Interfered Merely Because Another View Could Have Been Taken: Himachal Pradesh High Court
The Himachal Pradesh High Court bench of Justice Satyen Vaidya held that in case the interpretation of the relevant clause of agreement as arrived at by the Arbitrator was possible and plausible, the same cannot be interfered with merely because another view could have been taken. The bench referred to the decision of the Supreme Court in UHL Power Company Ltd. versus State of Himachal Pradesh, 2022 LiveLaw (SC) 18 and held that the jurisdiction of the court under Section 34 of the...
Himachal Pradesh High Court Weekly Roundup April 29 - May 5, 2024
Nominal Index:M/s Pure & Cure Healthcare Pvt. Ltd V/s HPSEBL 2024 LiveLaw (HP) 15Pawan Sahni & others vs Satish Sharma & others 2024 LiveLaw (HP) 16Sh. Ramiya vs State of Himachal Pradesh & others 2024 LiveLaw (HP) 17Ranjeet Singh vs The Presiding Officer CGIT-cum-LC-1, Chandigarh and Ors 2024 LiveLaw (HP) 18The State of H.P. & another vs Prakash Chand 2024 LiveLaw...
Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. It held that it is incumbent upon the employer to place on record substantial evidence to prove that specific notice was issued to the workman before alleged abandonment...
Industrial Disputes Act Time Consumed In Proceedings At Forum Lacking Jurisdiction Is Excluded From Limitation Period: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that if an applicant has diligently pursued a matter before a wrong forum and time was consumed in doing so, this time should be excluded from the limitation period before the forum with appropriate jurisdiction. The bench noted that the Workman could only approach the Industrial Tribunal after the expiry of...
Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period. Work charge...
Advocates Being Officers Of Court Have Larger Duty Towards Court: Himachal Pradesh HC Closes Arguments In Case Due To Counsels' Failure To Appear
In a stern order passed by Justices Vivek Singh Thakur and Bipin C Negi, the Himachal Pradesh High Court closed arguments for private respondents in a case challenging the appointment of Parliamentary Secretaries in the state.The Court observed that despite being granted repeated opportunities and time to present their arguments, the counsels representing the private respondents failed to...
Baseless Allegations By Parties U/s 13(2), A&C Act Needlessly Tarnishes Reputation Of Arbitrators: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Chief Justice M.S. Ramachandra Rao held that there is a tendency of the parties to impugn the motives of Arbitrators without affording them the opportunity under Section 13(2) of the Arbitration and Conciliation Act, 1996. It held that such baseless allegations and accusations could needlessly tarnish the reputation of Arbitrators...
Himachal Pradesh High Court Raps Govt For Seeking Repeated Adjourments In Pleas Challenging Dy CM, CPS Appointments
The Himachal Pradesh High Court has come down hard on the state government for its repeated requests for adjournments in a plea challenging the appointment of the Deputy Chief Minister and six Chief Parliamentary Secretaries (CPS). The bench expressed its displeasure when the Advocate General, who was supposed to represent the state government in court, expressed his inability to argue the...
Congress Leader Abhishek M. Singhvi's 'Draw Of Lots' Plea: Himachal Pradesh HC Issues Notice To BJP Rajya Sabha MP
The Himachal Pradesh High Court on Saturday issued a notice to BJP Rajya Sabha MP Harsh Mahajan while hearing Congress leader and Senior Advocate Abhishek Manu Singhvi's petition effectively challenging his defeat in the Rajya Sabha polls in February this year. In his petition, Sr. Adv Singhvi challenged the returning officer's decision to declare the winner through a draw of lots...
Electricity Dues Of Earlier Occupier Not Payable By Subsequent Occupier Without Creation Of Charge Under Transfer Of Property Act: HP High Court
Shedding light on the liability of buyers who acquire properties from auctions for inheriting the previous owner's electricity bills the Himachal Pradesh High Court has ruled that electricity dues cannot be passed on to new occupants of a property if a charge wasn't created following the Transfer of Property Act and Companies Act.In allowing a plea of one such buyer against the Electricity Board...
Himachal Pradesh High Court Mandates Age Limit, Fitness Certificate For River Rafting, Kayaking In Kullu
The Himachal Pradesh High Court has directed the Deputy Commissioner, Kullu to examine and recommend an upper age limit for individuals participating in kayaking and other river sports. The court also emphasised the need for senior citizens to produce a fitness certificate before engaging in such activities.“It is desirable to fix upper age limit to persons who are intending to do kayaking...