Callous Attitude Of Arbitrator: Himachal Pradesh High Court Criticizes Arbitrator For Not Completing Arbitral Proceedings Within Prescribed Time

The Himachal Pradesh High Court bench of Justice Bipin Chander Negi onus is upon the arbitrator to perform the task entrusted to them within the time schedule prescribed in Section 29A of the Arbitration and Conciliation Act, 1996. The bench noted that criticized an arbitrator appointed by Central Government under the National Highways Act for his callous attitude. The court noted...

Live-Streaming Of Police Actions Would Not Constitute Obstruction In Discharge Of Public Function: Himachal Pradesh High Court

Underscoring that live-streaming police actions cannot be considered an obstruction of duty the Himachal Pradesh High Court has ruled that“Mere protest or use of intemperate language, without any overt act, would not amount to the criminal offence of obstructing an official in the discharge of public functions.”A bench comprising Justice Sandeep Sharma while deciding the matter...

Assessment Re-Opened By Dept. Based On 'Change Of Opinion'; Himachal Pradesh High Court Quashes Reassessment

The Himachal High Court quashed the reassessment order on the grounds that the assessment was re-opened by the department based on 'change of opinion'.The bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja has observed that as per the record the objections were raised only by the Audit Party and, therefore, reasons have been recorded on borrowed satisfaction of the Audit Party...

Himachal Pradesh High Court Quashes Order Rejecting Ultra Tech's Claim For Grant Of Budgetary Support Scheme

The Himachal Pradesh High Court has quashed the order rejecting Ultra Tech's claim for the grant of budgetary support.The bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya has observed that the budgetary support scheme is governed by principles of natural justice, and one such principle is the necessity of providing an opportunity of hearing to the party who would suffer...

Refusal To Entertain Refund Application Of Unutilized ITC; Himachal Pradesh High Court Imposes 10K Cost On Deputy CGST Commissioner

The Himachal Pradesh High Court has imposed a cost of Rs. 10,000 on the Deputy CGST Commissioner for refusing to entertain the application of the assessee or petitioner for a refund of unutilized input tax credit.The bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya has observed that the Deputy CGST Commissioner could not have refused to entertain the application of...

Women Being Charged For Using Urinals A 'Serious Matter': High Court Warns Shimla Municipal Corp & Sulabh Int'l Of Contempt Action

The Himachal Pradesh High Court has cautioned the Shimla Municipal Corporation and Sulabh International of contempt action over the allegations that women are being charged Rs. 5 for using the free-for-use urinals.A bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja observed thus while directing the SMC and Sulabh International to ensure strict compliance with orders passed by...

[S. 153(B) IPC] Praying For Departed Militant Does Not Amount To Instigating Community To Protest: Himachal Pradesh High Court

The Himachal Pradesh High Court has determined that offering prayers for a deceased militant does not amount to instigating members of the community to protest, thereby not attracting penal provisions under Section 153(B) of the Indian Penal Code (IPC).Quashing an FIR against a student for offences under Sections 153(B) of Indian Penal Code a bench of Justice Sandeep Sharma observed,...

Constitutional Courts Cannot Impose Timeline On Speaker To Accept Or Decline Resignations Of MLAs: Himachal Pradesh High Court

The Himachal Pradesh High Court held recently that courts cannot impose a specific timeframe on the Speaker of the Legislative Assembly to decide on the resignations submitted by Members of the Legislative Assembly (MLAs).“…no timeframe can be fixed by the Constitutional Court for the Speaker to decide the issue of resignation tendered by members of the Legislative Assembly/Vidhan Sabha,...

Himachal Pradesh High Court Weekly Round-Up May 27 - June 3, 2024

Nominal Index:Hoshyar Singh Chambyal and others Vs Hon'ble Speaker, H.P. Legislative Assembly and others 2024 LiveLaw (HP) 23M/s Vardhman Ispat Udyog Vs Kamlesh Saklani 2024 LiveLaw (HP) 24Abhimanyu Rathor vs The Registrar General, HP High Court and Others 2024 LiveLaw (HP) 25Hygienic Research Institute Private Limited vs. H.P. State Biodiversity Board and others 2024 LiveLaw (HP) 26Hari Singh...

[NHA Act] Section 3G(5) Petition Not Decided Within Prescribed Period Doesn't Preclude Landowner To Seek Enhanced Compensation: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Justice Jyotsna Rewal Dua held that landowner cannot be left high and dry for no fault of his. It held that the mere fact that his petition under Section 3G(5) of the National Highways Act was not decided by the Statutory Authority within the prescribed/extended period should not foreclose his right to seek enhancement in compensation. The...

'Much More Needs To Be Done': Himachal Pradesh High Court Asks Govt To Control Forest Fires, Minimise Damage To Ecology And Property

The Himachal Pradesh High Court has directed the state government to intensify efforts to prevent and control forest fires, emphasising the need to minimise damage to forest ecology and property.The court directed,“Respondents are expected to take all possible measures to ensure that forest fire are prevented and if not prevented at least controlled and damage to the forest ecology or...

Indian Registered Companies Exempt From Benefit Sharing Under Biodiversity Act: HP High Court Stays ₹5 Crore Demand Notices On Ayurvedic Company

The Himachal Pradesh High Court has ruled that an Indian registered company does not require prior approval from the National Biodiversity Authority (NBA) to access biological resources for commercial use.A bench comprising Chief Justice M.S Ramachandra Rao and Justice Satyen Vaidya also stayed a demand notice of Rs. 5 crore issued by the Himachal Pradesh State Biodiversity Board (HPSBB) to...