Plaint Can't Be Immediately Rejected For Insufficient Stamping Or Lack Of Court Fee, Opportunity To Correct Deficiency Must Be Given: HP High Court

The Himachal Pradesh High Court has ruled that a plaint cannot be dismissed solely on the grounds of insufficient stamping or the failure to affix the proper court fee, even when supported by evidence such as a spot map or witness statements.The court ruled that such procedural deficiencies should not result in the outright rejection of the plaint and that the plaintiff must be allowed to...

[Forest Conservation Act] Forest Land Cannot Be Repurposed For Non-Forest Activities Without Approval: Himachal Pradesh High Court

The High Court of Himachal Pradesh has upheld an eviction order against a petitioner, emphasizing the stringent requirements of the Forest Conservation Act, 1980. The Court reinforced that forest land cannot be repurposed for non-forest activities without the necessary approvals, underscoring the legal framework designed to protect forest areas from unauthorized use.Justice Vivek Singh Thakur...

Delay By Itself Doesn't Extinguish Govt's Authority To Refer Industrial Disputes, Relevant To Examine Whether Dispute Still Exists: HP High Court

The Himachal Pradesh High Court has ruled that a delay in raising an industrial dispute does not, by itself, denude the government of its authority to examine the advisability of referring such disputes for adjudication.The court explained that while delay is a relevant factor in determining whether a dispute still "exists," it does not automatically render the dispute stale...

Himachal Pradesh High Court Mandates Tourists To Carry Garbage Bags In Vehicles, Lays Down Comprehensive Measures To Ensure Cleaner State

In its bid to preserve the pristine environment of Himachal Pradesh, the High Court has suggested that all tourists entering the state must carry a large garbage bag in their vehicles.The bench, comprising Justices Tarlok Singh Chauhan and Sushil Kukreja, emphasized that the state should take inspiration from Sikkim, which has already implemented a similar mandate for tourists. This...

Himachal Pradesh High Court Issues Notice To Kangana Ranaut On Plea Challenging Her Lok Sabha Election From Mandi

On Wednesday, the Himachal Pradesh High Court issued a notice to Actress Kangana Ranaut on a petition challenging her election as a Member of Parliament from the Mandi Lok Sabha seat. A bench of Justice Jyotsna Rewal Dua issued the notice to Ranaut, directing her to respond to the petition by August 21. Laik Ram Negi has filed this election petition claiming that the Returning...

Divorced Wife Not Disentitled To Maintenance On Grounds That She Is Living In Adultery: Himachal Pradesh High Court

The Himachal Pradesh High Court has observed that a divorced wife is not automatically disqualified from receiving maintenance solely on the grounds of living in adultery. A bench of Justice Rakesh Kainthla observed this while dismissing a plea moved by a man challenging an order passed by the Additional Chief Judicial Magistrate in Shimla to issue a warrant for the attachment...

Himachal Pradesh High Court Denies ₹280 Crore Refund To Adani Power In Hydro-Electric Projects Dispute

The Himachal Pradesh High Court has set aside its previous order directing the State to refund over ₹280 crore to Adani Power Limited in a Hydro-Electric Projects Dispute concluding that the financial arrangements made by Brakel Corporation with Adani Power were not approved by the State, violating the tender conditions and the Hydro Power Policy.Overturning the previous order, the court...

Touching Female Students Inappropriately On Back & Neck, Making Comments About Their Dress Will Attract S. 7 POCSO Act: HP High Court

The Himachal Pradesh High Court has observed that a teacher's inappropriate physical contact with female students, along with comments about their attire, would constitute an offence under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act 2012, which punishes acts of 'Sexual assault'. A bench of Justice Rakesh Kainthla noted that the physical contact made by...

Right To Be Forgotten | Upholding Acquittal Of POCSO Act Accused, HP High Court Directs Masking Of Names Of Parties In Digital Records

Upholding the acquittal of a rape accused under the POCSO Act and emphasizing the right to be forgotten post-acquittal, the Himachal Pradesh High Court recently instructed its registry to mask the names of both the accused and the victim from its digital records. A bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja emphasized that the right to privacy, encompassing...

Himachal Pradesh High Court Weekly Roundup: July 8 - July 14, 2024

Nominal Index [Citations 28-36]:Hoshyar Singh Chambyal and Ors. v. Hon'ble Speaker and Ors 2024 LiveLaw (HP) 28Tahseen Gul Vs State of Himachal Pradesh 2024 LiveLaw (HP) 29M/s AMN Life Pvt. Ltd. Versus Union of India & others 2024 LiveLaw (HP) 30Ultra Tech Cement Ltd. Versus UOI 2024 LiveLaw (HP) 31J.B.J. Perfumes Private Limited Versus Principal Commissioner of Income Tax and another...

'Continuous' 7-Yrs Practice As Advocate Not Required For District Judge Appointment: Himachal Pradesh High Court

The Himachal Pradesh High Court has ruled that continuous practice as an advocate for seven years is not required for appointment as an Additional District and Sessions Judge under Article 233(2) of the Indian Constitution.Delivering the judgment, the court said:“Article 233(2) of the Constitution of India does not require continuous practice for seven years as an Advocate; it merely...

"Terrifying, Perverse Order": Himachal Pradesh HC Raps Trial Judge For Ordering Coercive Action Against Judgement Debtor Without Prior Notice

The Himachal Pradesh High Court recently issued a stern rebuke to a Senior Civil Judge for issuing an execution order without following mandatory legal procedures and directing coercive measures against the judgment debtor without issuing a prior notice.Justice Tarlok Singh Chauhan, addressing the petitioner's grievance and expressing his disapproval of the order, stated, “It is not...