Himachal Pradesh High Court
Why Are HP Prison Manual, 2021 Norms Not Being Complied With? Himachal Pradesh High Court Asks State Govt
The Himachal Pradesh High Court, in a significant move to address the dire conditions in state prisons, has ordered the government to explain the non-compliance with the mandated staffing norms outlined in the H.P. Prison Manual, 2021.This order came while hearing a Suo motu Public Interest Litigation (PIL) concerning the welfare and conditions of prisoners.During the proceedings of the matter...
HP High Court Convicts HPSEBL Law Officer For Contempt, Sentences Him To Civil Imprisonment Till Rising Of Court
The Himachal Pradesh High Court on Thursday convicted a Law Officer of the Himachal Pradesh State Electricity Board (HPSEBL) for contempt of court. The officer, Kamlesh Saklani, was sentenced to civil imprisonment till the rising of the Court and a fine of Rs.2,000/- for willfully disobeying the Court's orders.While convicting him for contempt Justice Tarlok Singh Chauhan observed,“This is...
Himachal Pradesh High Court Weekly Roundup: May 6 - May 12, 2024
Nominal Index:The State of H.P. & another vs Prakash Chand 2024 LiveLaw (HP) 19State of Himachal Pradesh & Anr vs M/s Asphalt Carpet Constructions Co 2024 LiveLaw (HP) 20State of H.P. & another vs M/s Jagson International Ltd 2024 LiveLaw (HP) 21Hari Ram and others. Vs National Highways Authority of India 2024 LiveLaw (HP) 22Hoshyar Singh Chambyal and others Vs Hon'ble Speaker,...
Can Speaker Be Directed To Decide Upon MLA's Resignation Letters Within Fixed Time Frame? Himachal Pradesh High Court Delivers Split Verdict
While delivering a split verdict on the issue as to whether the court by invoking its powers under Article 226 of the Constitution of India can issue a direction to the speaker of the house to decide on the resignation letters forwarded by a member of the Legislative Assembly (MLA) within a fixed time frame.Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewak Dua pronounced their...
[NHAI Act] Landowner Shouldn't Suffer For Act Or Omission Of Arbitrator, Right To Property Is Constitutional Right Under Article 300A: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel held that the landowner shouldn't suffer for the act of omission of the Arbitrator to make an award within a period of 12 months from the date the arbitral tribunal enters upon the Reference as per Section 29(A) of the Arbitration and Conciliation Act. It held that the reason that as right to property is...
[Arbitration Act] For Condonation Of Delay In Filing Section 34, Party Is Obligated To Reveal Bonafidies Coupled With Plausible Reasons: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Satyen Vaidya held that for showing sufficient cause as required under the proviso to Section 34 (3) of the Arbitration and Conciliation Act, 1996, the party is obligated to reveal their bonafidies coupled with plausible reason in not filing the application within the prescribed time. Section 34(3) of the Arbitration...
Interpretation Of Agreement By Arbitrator Cannot Be Interfered Merely Because Another View Could Have Been Taken: Himachal Pradesh High Court
The Himachal Pradesh High Court bench of Justice Satyen Vaidya held that in case the interpretation of the relevant clause of agreement as arrived at by the Arbitrator was possible and plausible, the same cannot be interfered with merely because another view could have been taken. The bench referred to the decision of the Supreme Court in UHL Power Company Ltd. versus State of...
Himachal Pradesh High Court Weekly Roundup April 29 - May 5, 2024
Nominal Index:M/s Pure & Cure Healthcare Pvt. Ltd V/s HPSEBL 2024 LiveLaw (HP) 15Pawan Sahni & others vs Satish Sharma & others 2024 LiveLaw (HP) 16Sh. Ramiya vs State of Himachal Pradesh & others 2024 LiveLaw (HP) 17Ranjeet Singh vs The Presiding Officer CGIT-cum-LC-1, Chandigarh and Ors 2024 LiveLaw (HP) 18The State of H.P. & another vs Prakash Chand 2024 LiveLaw...
Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. It held that it is incumbent upon the employer to place on record substantial evidence to prove that specific notice was issued to the workman before alleged abandonment...
Industrial Disputes Act Time Consumed In Proceedings At Forum Lacking Jurisdiction Is Excluded From Limitation Period: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that if an applicant has diligently pursued a matter before a wrong forum and time was consumed in doing so, this time should be excluded from the limitation period before the forum with appropriate jurisdiction. The bench noted that the Workman could only approach the Industrial Tribunal after the expiry of...
Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period. Work charge...
Advocates Being Officers Of Court Have Larger Duty Towards Court: Himachal Pradesh HC Closes Arguments In Case Due To Counsels' Failure To Appear
In a stern order passed by Justices Vivek Singh Thakur and Bipin C Negi, the Himachal Pradesh High Court closed arguments for private respondents in a case challenging the appointment of Parliamentary Secretaries in the state.The Court observed that despite being granted repeated opportunities and time to present their arguments, the counsels representing the private respondents failed to...