Himachal Pradesh High Court
S.19 MSME Act | Court Should Determine Whether Pre-Deposit Amount Is Actually Deposited By Appellant: Himachal Pradesh High Court
The Himachal Pradesh High Court on Monday directed the District Court, which stayed the execution of an arbitral award in exercise of its power under Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), to first determine whether Section 19 of the Act was complied with.The provision requires the party challenging the award to make a pre-deposit to the tune of 75% of...
Himachal Pradesh High Court Weekly Round-Up: June 19 To June 25
Nominal IndexAbhishek Sharma Vs State of Himachal Pradesh 2023 LiveLaw (HP) 36Nain Sukh Vs Seema Devi 2023 LiveLaw (HP) 37Gurditta Ram Chauhan Vs Mrs Babita 2023 LiveLaw (HP) 38State of HP Vs Sita Devi 2023 LiveLaw (HP) 39State of Himachal Pradesh Vs Rajinder Fishta 2023 LiveLaw (HP) 40Rakesh Kumar Vs State of Himachal Pradesh and others 2023 LiveLaw (HP) 41M/s Sterkem Pharma Private Limited...
Himachal Pradesh High Court Upholds NABARD's Guidelines For Selection Of Auditors For Cooperative Banks
The Himachal Pradesh High Court has dismissed a writ petition challenging the guidelines issued by the National Bank for Agriculture and Rural Development (NABARD) regarding the appointment of statutory auditors for Cooperative Banks. “This Court has neither the expertise to decide whether the conditions mentioned in the guidelines issued by the NABARD are valid or not, nor does it have...
Himachal Pradesh High Court Orders Probe Into Rock Cracks, Muck Dumping At Luhri Hydroelectric Project
The Himachal Pradesh High Court has ordered a probe into the alleged damage to a rock above Narola village near Shimla, which has developed cracks. The court has also ordered an investigation into the muck dumping by the contractors at various places on the banks of river Satluj in the neighbouring area.The order was passed by Chief Justice M Ramachandra Rao and Justice Ajay Mohan Goel...
Himachal Pradesh High Court Cracks Down On Contractor Over Incomplete Projects, Restrains Govt From Releasing Any Payment
The Himachal Pradesh High Court has taken a strict stance against a contractor who had failed to initiate or complete a majority of the projects awarded to them. A bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya directed the contractor to file an affidavit clearly setting out the timeline within which he would complete the unfinished projects. The court also directed that...
Supplying Copies Of Award Certified By MSME Council To The Parties, Not Fair: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that it is the bounden duty of the Arbitrator appointed by the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) to issue signed copies of the arbitral award to the parties irrespective of the fact whether the parties have contested the proceedings or were proceeded ex-parte. The court has deprecated...
Himachal Pradesh High Court Dismisses Plea Challenging Age Limit For Assistant District Attorney Post
The Himachal Pradesh High Court on Wednesday dismissed a set of petitions challenging the age limit for direct recruitment to the posts of Assistant District Attorneys (ADAs) in the state. “The State Government is within its powers to carve out exceptions for a particular category of post in so far as the prescription of age limit by direct recruitment to such post is concerned. As...
Garbage Dumping: Himachal Pradesh High Court Directs DLSA To Inspect Neugal River Bank In Kangra
The Himachal Pradesh High Court has ordered an inspection of the Neugal River Bank in Kangra's Palampur to verify whether garbage is still being dumped there. The court has directed the Secretary, District Legal Services Authority, Kangra, to get the inspection done and submit a report.The order was passed by a bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel...
Himachal Pradesh High Court Distressed Over State Govt Litigating Matter Involving Small Amount Of ₹2,500; Imposes 10K Cost
While ruling in favour of a retired Tehsildar and granting him a regular increment from July 2013 for extended period of service, the Himachal Pradesh High Court has criticized the State for engaging in frivolous litigation and emphasized the need for equal treatment of employees. "We are distressed that in such small value matters also, the State continues to litigate and harass the...
[S.6 Hindu Minority & Guardianship Act] Unless Declared Disentitled, Mother Entitled To Minor Children's Custody After Father's Death: HP High Court
The Himachal Pradesh High Court has recently stated that under the Hindu Minority & Guardianship Act 1956, the mother assumes the role of a natural guardian of minor children upon father's death. However, the mother's right to custody is not absolute, but contingent upon the welfare of the children and if, during appropriate proceedings, she is found to be unfit or incapable of ensuring...
Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court
The Himachal Pradesh High Court has reiterated that every woman, irrespective of her employment status, is entitled to maternity leave.Maternity leave aims to protect the dignity of motherhood and ensure the well-being of both the woman and her child, a bench of Justices Tarlok Singh Chauhan and Virender Singh remarked."The respondent in the instant case was a daily wage woman employee at...
Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that...