Himachal Pradesh High Court
HP Land Revenue Act | Discretion Vested In Revenue Officer To Convert Itself As A Civil Court To Decide Plea Of Adverse Possession: High Court
The Himachal Pradesh High Court has recently ruled that though for adjudicating the plea of adverse possession under Himachal Pradesh Land Revenue Act, 1954, discretion is vested with the Revenue Officer (not below the rank of Assistant Collector 1st Grade) either to convert itself as a Civil Court or to decide it otherwise, but, the discretion so vested is judicial discretion and cannot...
Himachal Pradesh High Court Weekly Roundup: February 27 - March 5, 2023
Nominal Index:Court on its own motion v. State of H.P. & Anr 2023 LiveLaw (HP) 6Kusum Bali Vs State of HP & Ors 2023 LiveLaw (HP) 7Divisional Manager, H.P. State Forest Development Corporation Ltd Vs Prem Lal 2023 LiveLaw (HP) 8Naresh Kumar Vs Trilok Chand 2023 LiveLaw (HP) 9Pankaj Kumar Lakhanpal & ors Vs State of HP & Ors 2023 LiveLaw (HP) 10Judgments/Orders:Can Sessions...
Award Passed By Unilaterally Appointed Arbitrator Is Void; Himachal Pradesh High Court
The Himachal Pradesh High Court has held that arbitral proceedings conducted by a unilaterally appointed arbitrator are void ab initio and the consequent award is non-est. The bench of Justice Jyotsana Rewal Dua held that an arbitration award passed by a unilaterally appointed sole arbitrator is not enforceable under Section 36 of the A&C Act. The Court further held that...
State Cannot Deny Pay Parity Of Veterinarians With Medicos Just Because They Deal With Animals: Himachal Pradesh High Court
Observing that Veterinary Doctors are at par with Medical Doctors, the Himachal Pradesh High Court on Thursday ruled that State cannot deny the grant of 4-tier pay scale to the Veterinary Officers on a flimsy ground, that they are dealing with animals and the doctors serving in the Health and Family Welfare Department are dealing with humans.The observations were made by a bench...
[S.147 Negotiable Instruments Act] Offence Can Be Compounded Post-Conviction For Cheque Dishonour: Himachal Pradesh High Court
The Himachal Pradesh High Court on Wednesday observed that courts while exercising power under Section 147 (Offences To Be Compoundable) of the Negotiable Instrument Act are sufficiently empowered to proceed to compound an offence, even in cases where accused stands convicted.The observations were made by Justice Sandeep Sharma while hearing a plea in terms of which the petitioner/accused...
Person Ineligible To Act As Arbitrator U/s 12(5) Cannot Appoint Another Arbitrator For Determining The Dispute: Himachal Pradesh High Court
The Himachal Pradesh High Court on Monday ruled that any person who becomes ineligible to act as an Arbitrator in terms of Section 12(5) of the Arbitration and Conciliation Act cannot appoint/nominate another Arbitrator for determining the dispute.Section 12(5) provides that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties or counsel or...
SC Collegium Recommends Elevation Of Justice Sabina As Chief Justice Of Himachal Pradesh High Court
The Supreme Court Collegium has recommended the appointment of Justice Sabina as the Chief Justice of Himachal Pradesh High Court. She is currently the Acting Chief Justice there. Justice Sabina was appointed as a judge of Punjab and Haryana High Court on 12 March 2008 and is due to retire on 19 April 2023. "The Collegium has, by its separate resolution, proposed the appointment of Mr....
Himachal Pradesh High Court Bans Cutting Of Hills Without Prior Permission From Town And Country Planning Director
The Himachal Pradesh High Court recently directed the State government to frame a policy for conservation, preservation and cutting of hills in consultation with the Department of Environment, Science and Technology and such other departments, as may be necessary, within two months. The direction came from a bench comprising then Chief Justice A A Sayed and Justice Jyotsna Rewal...
Can Sessions Court Sit Anywhere Else Than Its Court Premises To Conduct Trial? Himachal Pradesh High Court Explains
While answering a reference made by an Additional District & Sessions Judge, the Himachal Pradesh High Court has clarified that a Sessions Judge can sit at any place other than his Court premises, within his Sessions division, to record evidence and conduct a trial. Referring to Section 9(6) of the Code of Criminal Procedure, the Single Judge Bench of Justice Satyen...
Himachal Pradesh High Court Weekly Round-Up: January 9 to January 15, 2023
Himachal Pradesh High Court Weekly Roundup January 9 - January 15, 2023Nominal Index:Case Title: Rajinder Kumar Vs Pushpa Devi 2023 LiveLaw (HP) 1Case Title: Charno Ram vs. Union of India and others 2023 LiveLaw (HP) 2Case Title: Rohit Chauhan Vs State of Himachal Pradesh 2023 LiveLaw (HP) 3Case Title: Deep Raj @Neetu Vs State of Himachal Pradesh 2023 LiveLaw (HP) 4Case Title: Himachal...
[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt
The Himachal Pradesh High Court recently held that the power of Chief Justice under Article 229(2) is paramount in nature and once the Chief Justice takes a progressive step to ameliorate the service conditions of the Officers and staff working under him, the State Government cannot raise objections unless there were very good reasons.The observations were made by a bench comprising...
Rigours Of S.37 NDPS Act Cannot Be Invoked In Perpetuity To Dilute Right Of Expeditious Trial: Himachal Pradesh High Court
The Himachal Pradesh High Court recently held that the stringent provisions concerning bail under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 cannot be invoked in perpetuity to dilute the right of the accused to an expeditious trialThe pronouncement was made by Justice Satyen Vaidya while hearing a plea for bail in a matter where the petitioner-accused had...