Himachal Pradesh High Court
Himachal Pradesh High Court And District Courts Remain Closed On Monday Amid Heavy Rainfall
The Himachal Pradesh High Court has suspended all activities of the state judiciary today in response to the continuous and unpredictable rainfall.In a notification issued by the Registrar General of the Himachal Pradesh High Court on Monday, it has been declared that July 10, 2023, should be observed as a holiday for the High Court and all Courts of District Judiciary in Himachal...
Himachal Pradesh High Court Weekly Round-Up: July 03 To July 09
Nominal IndexM/s Pratap Industries Products Vs M/s Hindustan Construction Company Ltd 2023 LiveLaw (HP) 45Ashok Lal Chopra Vs Mrs. Kiran Kapoor and others 2023 LiveLaw (HP) 46Sumitra Devi Vs Kapoor Chand 2023 LiveLaw (HP) 47Sanjeev Kumar & ors Vs Sushma Devi 2023 LiveLaw (HP) 48Krishan Lal Vs State of H.P 2023 LiveLaw (HP) 49Manni and another Vs State of Himachal Pradesh &Ors 2023...
[Land Acquisition Act] Serving Notice To 'Interested Persons' Regarding Passing Of Award Mandatory U/S 12(2): Himachal Pradesh High Court
Seven years after passing of compensation award for land acquisition in Mangu village near Solang, the Himachal Pradesh High Court on Tuesday ordered that the award be referred to the Statutory authority for determination of the compensation. It observed that Section 12(2) of the Land Acquisition Act 1894, which mandates notice of passing of the award to the interested persons, was not...
Himachal Pradesh High Court Orders Disciplinary Action Against Govt Officials For Failure To Prevent Muck Dumping In Forest Areas Near Chamba
The Himachal Pradesh High Court, headed by Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel, has ordered disciplinary action against concerned government officials for their failure to prevent the illegal dumping of muck in forest and catchment areas near Motla village in Chamba.The direction came after Court perused the affidavits and status reports filed by the Forest...
[DV Act] Parties Must Be Made Aware Of Issues Or Points They Need To Prove Before Directing Them To Lead Evidence: Himachal Pradesh High Court
While dealing with a case pertaining to the Domestic Violence Act, the Himachal Pradesh High Court has held that framing of issues, for the first time, only in the judgment, placing burden of proving such issues on respective parties, deciding the case on the basis of such issues about which parties have not even been made aware of, is a procedure alien to well established legal and...
Civil Judge Recruitment: Himachal Pradesh High Court Dismisses Plea Of Candidates Disqualified Over Defective Credential Certificates
The Himachal Pradesh High Court has dismissed a plea filed by candidates who were disqualified by the Himachal Pradesh Public Service Commission (HPPSC) for their failure to furnish 'Credential Certificates' in prescribed format along with their applications for the post of Civil Judge (Junior Division).A division bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan...
Himachal Pradesh High Court Directs State To Compensate Nonagenarian Tribal For Land "Illegally" Acquired By Forest Dept
Directing the State to pay market value compensation to a nonagenarian tribal under the Land Acquisition Act 1894, the Himachal Pradesh High Court has said that the State Forest department cannot deprive him of compensation just because he did not keep copies of the complaints he filed in the past against the Forest Department's illegal use of his land."The petitioner being an innocent...
Petitions U/S 482 CrPC Not Maintainable For Challenging Proceedings U/S 12 Domestic Violence Act: Himachal Pradesh High Court
While reiterating that petitions under Section 482 CrPC are not maintainable for challenging the proceedings under Section 12 of the Domestic Violence Act, the Himachal Pradesh High Court has issued directions to the lower courts to ensure their compliance in handling cases related to the Domestic Violence Act.A bench of Justice Jyotsna Rewal Dua noted that these days diverse recourses are...
Section 145 NI Act Encompasses Court's Power To Summon & Re-Examine Witnesses: Himachal Pradesh High Court
The Himachal Pradesh High Court has recently ruled that while Section 145(2) of the NI Act does not explicitly mention the re-examination of the complainant or other witnesses, the phrase "summon and examine any person giving evidence in affidavit" also encompasses the court's power to summon and re-examine such witnesses.A bench of Justice Vivek Singh Thakur was hearing a plea whereby...
Himachal Pradesh High Court Forms Committee To Verify Allegations Of Illegal Tree Felling Against Forest Officer
In its bid to address concerns regarding the alleged illegal felling of forest trees, the Himachal Pradesh High Court headed by Chief Justice M S Ramachandra Rao and Justice Ajay Mohan Goel, has ordered the formation of an inquiry committee. The committee will be responsible for verifying the claims made in a letter petition that in connivance with the Divisional Forest Officer concerned,...
Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court
The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure (CPC) on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". Justice Sandeep Sharma made this exposition in response to...
'Irresponsible': Himachal Pradesh High Court Distressed At NHAI For Not Controlling Its Contractors Dumping Muck In Forest Areas
The Himachal Pradesh High Court has expressed serious concern over the "irresponsible conduct" of the National Highways Authority of India (NHAI) officials, who have failed to control their contractors from dumping muck in forest areas.A bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel observed, "We are distressed at this irresponsible conduct on the part of...