Himachal Pradesh High Court Weekly Round-Up: November 11 To 17th, 2024

M/s Lakhwinder Singh Stone Crusher v. Union of India & ors 2024 LiveLaw (JKL) 72

Satpal Singh Satti & others vs.State of Himachal Pradesh & others and connected matters 2024 LiveLaw (HP) 73

National Highway Authority of India Versus Rajesh Kaptyaksh and Ors 2024 LiveLaw (HP) 74

General Manager, Punjab Roadways Pathankot v. Excise & Taxation Commissioner-cum-Revisional Authority and ors 2024 LiveLaw (HP) 75

Oriental Insurance Company Versus Kuldip Dogra 2024 LiveLaw (HP) 76

National Highway Authority of India.Versus Vishesar (Since deceased) through LRs 2024 LiveLaw (HP) 77

Judgments/Orders:

Himachal Pradesh HC Upholds Levy Of GST On Mining Royalty Payable Under Mining Concession Granted By State

Case title: M/s Lakhwinder Singh Stone Crusher v. Union of India & ors.

Citation: 2024 LiveLaw (JKL) 72

The Himachal Pradesh High Court dismissed a writ petition challenging notifications issued by the Central government for levy of GST on Royalty paid by a Mineral Concession Holder for mining concession granted by the State.

A division bench of Acting Chief Justice Tarlok Singh Chauhan and Justice Satyen Vaidya observed that India Cement Ltd. (supra) was overruled by a nine-Judge Bench of the Supreme Court in Mineral Area Development Authority & anr. vs. M/s Steel Authority of India & anr. (2024).

Himachal Pradesh High Court Nullifies 2006 Law Permitting Appointment Of MLAs As Parliamentary Secretaries

Case title: Satpal Singh Satti & others vs.State of Himachal Pradesh & others and connected matters

Citation: 2024 LiveLaw (HP) 73

The Himachal Pradesh High Court nullified a 2006 State Law which permitted the state government to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries. The Court found the Law to be beyond the legislative competence of the State Legislature.

With this, a bench of Justice Vivek Singh Thakur and Justice Bipin Chander Degi also set aside the appointment of six Congress MLAs parliamentary secretaries (appointed in January 2023), terming the same to be 'illegal',

Award Cannot Be Set Aside On Grounds Of Mere Illegality Unless Patent Illegality Is Established U/S 34 Of Arbitration Act: Himachal Pradesh HC

Case Title: National Highway Authority of India Versus Rajesh Kaptyaksh and Ors.

Citation: 2024 LiveLaw (HP) 74

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua, affirmed that 'patent illegality' in the award calls for interference under section 34 of the Arbitration Act but a mere illegality is not patent illegality. It ought to be apparent on the face of the award and not the one which is culled out by way of a long drawn analysis of pleadings and evidence.

Punjab Roadways Cannot Deprive Himachal Pradesh Govt Of Passenger Tax, Interest On Delayed Payment When Its Buses Are Plying On Territory: HC

Case title: General Manager, Punjab Roadways Pathankot v. Excise & Taxation Commissioner-cum-Revisional Authority and ors.

Citation: 2024 LiveLaw (HP) 75

The Himachal Pradesh High Court directed the Punjab Roadways to clear the interest due upon it for delayed payment of passenger tax and surcharge to the HP government.

A division bench of Acting Chief Justice Tarlok Singh Chauhan and Justice Satyen Vaidya observed that the body first failed to deposit any tax with the authorities of Himachal Pradesh despite the fact that it had been running its buses within its territory, and then disputed liability of interest.

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court

Case Title: Oriental Insurance Company Versus Kuldip Dogra

Citation: 2024 LiveLaw (HP) 76

The Himachal Pradesh High Court bench of Mr. Justice Bipin Chander Negi held that the deposit of awarded amount in pursuance of an order of the court into the court registry would be equivalent to payment under section 31 of the Arbitration Act. This will extinguish the liability arising under the award for which execution petition would then not be maintainable.

While Hearing Appeal U/S 37 Of Arbitration Act, Court Must Confine Itself To Grounds U/S 34 Of Arbitration Act: Himachal Pradesh HC

Case Title: National Highway Authority of India.Versus Vishesar (Since deceased) through LRs.

Citation: 2024 LiveLaw (HP) 77

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua affirmed that supervisory role of Courts is very restricted in dealing with appeals under Section 37 of the Arbitration Act. Scope of interference in a petition under Section 34 of the Act is very narrow. Jurisdiction under Section 37 of the Act is narrower.Therefore, Courts must be very conservative while dealing with arbitral awards and confine themselves to the grounds strictly available under Section 34 of the Act.