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

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...

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

Today, 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...

Himachal Pradesh High Court Weekly Round-Up November 4 - November 10 2024

Nominal Index:Virender Singh and others. Versus State of H.P. and another 2024 LIveLaw (HP) 58Su-Kam Power System Ltd. & Another versus State of Himachal Pradesh & Others 2024 LiveLaw (HP) 59National Highway Authority of India v. Narayan Das 2024 LiveLaw (HP) 60NHPC Ltd. Vs. Principal Commissioner, CGST and Ors 2024 LiveLaw (HP) 61M/s A.M. Enterprises v. State of Himachal Pradesh...

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

The Himachal Pradesh High Court has 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. The Petitioner, a firm engaged in stone crushing, was issued notices and summons under Section 70 of Central Goods and Services Tax Act, demanding GST...

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that a party is bound by virtue of Section 16(2) of the Arbitration Act to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited. Brief Facts Objections preferred by...

S. 29A Of Arbitration Act Not Applicable To Arbitration Proceedings Which Commenced Before 2015 Amendment: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that provisions of Section 29A of the Act will not be applicable to the arbitration proceedings that had started before the Arbitration & Conciliation (Amendment) Act, 2015 came into force.Brief Facts The National Highway Authority of India (for short 'NHAI') feeling aggrieved against the dismissal of...

Children From Void Marriages Entitled To Birth Registration, To Be Acknowledged Under Law: HP High Court

The High Court of Himachal Pradesh has ruled that children born from void marriages cannot be denied birth registration, thereby affirming their right to legal recognition regardless of their parents' marital status.Justice Jyotsna Rewal Dua, presiding over the case, emphasized the inherent rights of children to be acknowledged under the law, remarking, “The fact that they are living beings...

Recorded Telephonic Conversations Are Not Admissible As Evidence Due To Infringement Of Privacy: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that recorded telephonic conversations are inadmissible as evidence if obtained without consent, as their use would infringe on an individual's right to privacy.This ruling arose from a petition seeking to admit a recorded conversation between a respondent's wife and her mother in court, which the trial court denied. The petitioner challenged this...

Applicability Of Section 5 Of Limitation Act To Petition U/S 34 Of Arbitration Act Is Excluded: Himachal Pradesh HC

The Himachal Pradesh High Court Bench of Ms. Justice Jyotsna Rewal Dua held that the prescribed period under Section 34(3) of the Arbitration Act is three months and further that given the language used in proviso to Sub-Section 3 of Section 34 of the Act, applicability of Section 5 of Limitation Act to the petition under Section 34 of the Act has been excluded.Brief FactsAward was passed by...

Contractual Service To Be Counted For Seniority And Annual Increments: Himachal Pradesh Court

On 27th September, Justice Bipin Chander Negi considered a case where petitioners approached the Himachal Pradesh High Court a case seeking counting of their contract service for the purpose of annual increment, seniority and consequential benefits from the date of their initial appointment(s). Background facts The petitioners here were appointed as Junior Office Assistant (IT)...

Himachal Pradesh High Court Affirms Clean Slate Theory, Declares Tax Authorities' Charge Over Properties After Acquisition Plan Void And Illegal

In an important judgment delivered by the Himachal Pradesh High Court, the claims and red entries of the state tax department over the properties of Su-Kam Power Systems Ltd.(Corporate Debtor) were quashed. The corporate debtor was sold as a going concern under the provisions of the Insolvency and Bankruptcy Code (IBC). The court held that once the company was acquired and resolution...

Recovery Officer Can't Attach Taxpayer's Overdraft Account With Banks By Exercising Power U/s 226(3): Himachal Pradesh HC Quashes Attachment Order

Observing Cash Credit account or overdraft is capable of being attached u/s 226(3) of Income tax Act, the Himachal Pradesh High Court turned down the decision of Tax recovery officer in passing the order of attachment of Cash Credit Account. Explaining the relationship between debtor & creditor, the High Court clarified that bank does not become a debtor to its customers and...