Himachal Pradesh High Court
Himachal Pradesh High Court Quashes Order Rejecting Ultra Tech's Claim For Grant Of Budgetary Support Scheme
The Himachal Pradesh High Court has quashed the order rejecting Ultra Tech's claim for the grant of budgetary support.The bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya has observed that the budgetary support scheme is governed by principles of natural justice, and one such principle is the necessity of providing an opportunity of hearing to the party who would suffer...
Refusal To Entertain Refund Application Of Unutilized ITC; Himachal Pradesh High Court Imposes 10K Cost On Deputy CGST Commissioner
The Himachal Pradesh High Court has imposed a cost of Rs. 10,000 on the Deputy CGST Commissioner for refusing to entertain the application of the assessee or petitioner for a refund of unutilized input tax credit.The bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya has observed that the Deputy CGST Commissioner could not have refused to entertain the application of...
Women Being Charged For Using Urinals A 'Serious Matter': High Court Warns Shimla Municipal Corp & Sulabh Int'l Of Contempt Action
The Himachal Pradesh High Court has cautioned the Shimla Municipal Corporation and Sulabh International of contempt action over the allegations that women are being charged Rs. 5 for using the free-for-use urinals.A bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja observed thus while directing the SMC and Sulabh International to ensure strict compliance with orders passed by...
[S. 153(B) IPC] Praying For Departed Militant Does Not Amount To Instigating Community To Protest: Himachal Pradesh High Court
The Himachal Pradesh High Court has determined that offering prayers for a deceased militant does not amount to instigating members of the community to protest, thereby not attracting penal provisions under Section 153(B) of the Indian Penal Code (IPC).Quashing an FIR against a student for offences under Sections 153(B) of Indian Penal Code a bench of Justice Sandeep Sharma observed,...
Constitutional Courts Cannot Impose Timeline On Speaker To Accept Or Decline Resignations Of MLAs: Himachal Pradesh High Court
The Himachal Pradesh High Court held recently that courts cannot impose a specific timeframe on the Speaker of the Legislative Assembly to decide on the resignations submitted by Members of the Legislative Assembly (MLAs).“…no timeframe can be fixed by the Constitutional Court for the Speaker to decide the issue of resignation tendered by members of the Legislative Assembly/Vidhan Sabha,...
Himachal Pradesh High Court Weekly Round-Up May 27 - June 3, 2024
Nominal Index:Hoshyar Singh Chambyal and others Vs Hon'ble Speaker, H.P. Legislative Assembly and others 2024 LiveLaw (HP) 23M/s Vardhman Ispat Udyog Vs Kamlesh Saklani 2024 LiveLaw (HP) 24Abhimanyu Rathor vs The Registrar General, HP High Court and Others 2024 LiveLaw (HP) 25Hygienic Research Institute Private Limited vs. H.P. State Biodiversity Board and others 2024 LiveLaw (HP) 26Hari Singh...
[NHA Act] Section 3G(5) Petition Not Decided Within Prescribed Period Doesn't Preclude Landowner To Seek Enhanced Compensation: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Jyotsna Rewal Dua held that landowner cannot be left high and dry for no fault of his. It held that the mere fact that his petition under Section 3G(5) of the National Highways Act was not decided by the Statutory Authority within the prescribed/extended period should not foreclose his right to seek enhancement in compensation. The...
'Much More Needs To Be Done': Himachal Pradesh High Court Asks Govt To Control Forest Fires, Minimise Damage To Ecology And Property
The Himachal Pradesh High Court has directed the state government to intensify efforts to prevent and control forest fires, emphasising the need to minimise damage to forest ecology and property.The court directed,“Respondents are expected to take all possible measures to ensure that forest fire are prevented and if not prevented at least controlled and damage to the forest ecology or...
Indian Registered Companies Exempt From Benefit Sharing Under Biodiversity Act: HP High Court Stays ₹5 Crore Demand Notices On Ayurvedic Company
The Himachal Pradesh High Court has ruled that an Indian registered company does not require prior approval from the National Biodiversity Authority (NBA) to access biological resources for commercial use.A bench comprising Chief Justice M.S Ramachandra Rao and Justice Satyen Vaidya also stayed a demand notice of Rs. 5 crore issued by the Himachal Pradesh State Biodiversity Board (HPSBB) to...
Himachal Pradesh High Court Seeks Fresh Status Report On Regional Development Plans In Shimla, Kullu And Kangra
The Himachal Pradesh High Court has directed the state government to file a fresh status report on the preparation of regional development plans for Shimla, Kullu, and Kangra districts. This order comes in a Public Interest Litigation (PIL) filed by Kusum Bali highlighting rampant irregular constructions across the state.The PIL had raised concerns about unplanned constructions,...
Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High CourtÂ
The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Therefore, it held that a writ petition against the Bar Association office bearers in their personal capacity is not...
Himachal Pradesh High Court Orders Review Of Punishments For Errant Substandard Drug Manufacturers To Enhance Deterrent Effect
Taking a strong stance against the manufacturing of substandard drugs within the state the Himachal Pradesh High Court has directed the state government to establish a mechanism to review the punishments imposed on drug manufacturers found guilty of producing low-quality medications.This directive comes amid a Public Interest Litigation (PIL) filed by the Court itself (suo motu) regarding...