[Commercial Courts Act] Himachal Pradesh High Court Nixes Patent Infringement Lawsuit As No Urgency Shown To Not Follow "Pre Litigation Mediation"

The Himachal Pradesh High Court rejected a patents and design infringement lawsuit after observing that it did not contemplate any "urgent relief" and the interim relief plea was filed by the plaintiff just to "wriggle out" of the pre-litigation mediation mandate under Section 12A of Commercial Courts Act. For context, Section 12A states that a suit which does not contemplate any urgent...

Sec 151 CPC Application Not Maintainable When Sect 29A(4) Of Arbitration Act Applies, Incorrect Quote Of Section Not Grounds For Dismissal: HP High Court

The Himachal High Court bench of Justice Rakesh Kainthla has held that an application under Section 151 of the CPC is not maintainable when a specific provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for extending the time of arbitration proceedings. However, the bench also held that the application cannot be dismissed solely because it cited...

Himachal Pradesh High Court Weekly Round-Up: August 19 - August 25, 2024

Nominal Index [Citations 45 - 51]:Shehwaz Khan State of H.P and Anr. 2024 LiveLaw (HP) 45Shanker Singh Verma & Ors. Versus State of H.P. & Anr. 2024 LiveLaw (HP) 46Himachal Pradesh State Electricity Board Limited Versus Raj Kumar and another 2024 LiveLaw (HP) 47Harnam Singh. Versus Champa Devi. 2024 LiveLaw (HP) 48Sumit Khanna and another Versus Kanchan Sunil Adani and others 2024...

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court

The Himachal Pradesh High Court has ruled that under Section 147 of the Negotiable Instruments Act, 1881, offences can be compounded even after the recording of a conviction by the court.Justice Sandeep Sharma delivered this judgment while hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act. The...

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. cannot be invoked when an alternative remedy is available under Section 320(1) for the compounding of offences.The ruling came as the court dismissed a petition seeking to quash an FIR registered under Sections 323, 504, and 506 read with Section 34 of the IPC. The court emphasized that...

Only CPC Provisions Mentioned In RERA Act Apply To RERA Proceedings, Remaining Provisions Intentionally Excluded By Legislature: HP High Court

Addressing the extent to which the provisions of the Code of Civil Procedure, 1908 (CPC), apply to proceedings before the Real Estate Regulatory Authority (RERA), the Himachal Pradesh High Court has ruled that only those provisions of the CPC explicitly mentioned in the Real Estate (Regulation and Development) Act, 2016, apply to RERA proceedings, while other provisions were...

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court

The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law.The judgment, delivered by Justice Jyotsna Rewal Dua, revolves around the interplay between Sections 3 and 5 of the Limitation Act.Justice Dua reiterated the principle put forward by...

Not Filing Separate Appeals Against Dismissal Of Suit And Decree In Counter Claim Acts As Res Judicata: Himachal Pradesh High Court

The Himachal Pradesh High Court recently clarified a key procedural aspect of civil litigation, emphasizing that when a trial court passes separate decrees on a suit and a counterclaim, each decree must be contested through separate appeals. Filing a single appeal against both decrees can lead to the application of the doctrine of res judicata, barring the challenge to one of the decrees,...

Entry In Revenue Records Does Not Confer Ownership, Civil Court Appropriate Forum To Decide Title Dispute: Himachal Pradesh High Court

The Himachal Pradesh High Court has ruled that entries made in revenue records, such as mutations, do not confer ownership or title to property. Instead, such entries serve only a fiscal purpose, primarily for paying land revenue.The Court clarified that any disputes concerning the ownership or title of property, especially when based on contested documents like Wills, must be resolved by...

[Triple Talaq] Legislature Has Prohibited Instantaneous & Irrevocable Divorce, Other Forms Of Talaq Still Valid: Himachal Pradesh High Court

The Himachal Pradesh High Court has clarified that the legislative prohibition under the Muslim Women (Protection of Rights on Marriage) Act, 2019, is specifically aimed at Talaq-e-Biddat or any other similar forms of instantaneous and irrevocable divorce.The court ruled that the Act does not extend to other forms of divorce like Talaq-e-Hasan, which allows for revocation during the...

Himachal Pradesh High Court Weekly Round-Up: July 29 - August 4, 2024

Nominal Index:State of Himachal Pradesh vs XYZ 2024 LiveLaw (HP) 37Rakesh Kumar Bansal vs. State of H.P. and others 2024 LiveLaw (HP) 38The State of HP through its Secretary (Power), Government of Himachal Pradesh V/s M/s Adani Power 2024 LiveLaw (HP) 39Krishan Lal vs. Champa Devi 2024 LiveLaw (HP) 40Suresh Kumar Versus the State of H.P & Ors 2024 LiveLaw (HP) 41Rishi Raj Versus State...

Prolonged Delay In Departmental Inquiries Unacceptable: HP High Court Quashes Case Against Retd Officer Accused Of Using Fake Caste Certificate

The Himachal Pradesh High Court has quashed the departmental proceedings against a retired Forest Department officer accused of using a fake Schedule Caste certificate. The court also ordered the immediate release of his withheld retiral benefits, citing the unacceptable delays in concluding the inquiry.Justice Ajay Mohan Goel, while delivering the judgment, stated, "It is the duty of...