Himachal Pradesh High Court
Baseless Allegations By Parties U/s 13(2), A&C Act Needlessly Tarnishes Reputation Of Arbitrators: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Chief Justice M.S. Ramachandra Rao held that there is a tendency of the parties to impugn the motives of Arbitrators without affording them the opportunity under Section 13(2) of the Arbitration and Conciliation Act, 1996. It held that such baseless allegations and accusations could needlessly tarnish the reputation of Arbitrators...
Himachal Pradesh High Court Raps Govt For Seeking Repeated Adjourments In Pleas Challenging Dy CM, CPS Appointments
The Himachal Pradesh High Court has come down hard on the state government for its repeated requests for adjournments in a plea challenging the appointment of the Deputy Chief Minister and six Chief Parliamentary Secretaries (CPS). The bench expressed its displeasure when the Advocate General, who was supposed to represent the state government in court, expressed his inability to argue the...
Congress Leader Abhishek M. Singhvi's 'Draw Of Lots' Plea: Himachal Pradesh HC Issues Notice To BJP Rajya Sabha MP
The Himachal Pradesh High Court on Saturday issued a notice to BJP Rajya Sabha MP Harsh Mahajan while hearing Congress leader and Senior Advocate Abhishek Manu Singhvi's petition effectively challenging his defeat in the Rajya Sabha polls in February this year. In his petition, Sr. Adv Singhvi challenged the returning officer's decision to declare the winner through a draw of lots...
Electricity Dues Of Earlier Occupier Not Payable By Subsequent Occupier Without Creation Of Charge Under Transfer Of Property Act: HP High Court
Shedding light on the liability of buyers who acquire properties from auctions for inheriting the previous owner's electricity bills the Himachal Pradesh High Court has ruled that electricity dues cannot be passed on to new occupants of a property if a charge wasn't created following the Transfer of Property Act and Companies Act.In allowing a plea of one such buyer against the Electricity Board...
Himachal Pradesh High Court Mandates Age Limit, Fitness Certificate For River Rafting, Kayaking In Kullu
The Himachal Pradesh High Court has directed the Deputy Commissioner, Kullu to examine and recommend an upper age limit for individuals participating in kayaking and other river sports. The court also emphasised the need for senior citizens to produce a fitness certificate before engaging in such activities.“It is desirable to fix upper age limit to persons who are intending to do kayaking...
Himachal Pradesh High Court Weekly Roundup April 8 - April 14, 2024
Nominal Index:Suneet Singh Jaryal vs State of HP & Anr 2024 LiveLaw (HP) 10Usha Rani vs State of HP & Ors 2024 LiveLaw (HP) 11UCO Bank & Ors. vs Chaman Singh 2024 LiveLaw (HP) 12State of H.P. and another vs. Jai Ram Kaundal 2024 LiveLaw (HP) 13Rakesh Sharma vs. Indian Oil Corporation and another 2024 LiveLaw (HP) 14Judgments/Orders: Pensionary Benefits Cannot Be Withheld For...
Burden Of Proving Employer-Employee Relationship Primarily Rests Upon Who Asserts Its Existence: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, while deciding a Letters Patent Appeal in the case of Rakesh Sharma vs. Indian Oil Corporation and another, held that the burden of proving the employer-employee relationship primarily rested upon the person who asserted its existence, and once the person asserting to be...
Person Appointed Against Scheduled Caste Or Scheduled Tribe Quota, Cannot Later Claim Reservation Under Ex-Serviceman Quota: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Chief Justice M.S. Ramachandra Rao, and Justice Jyotsna Rewal Dua, while deciding Letters Patent Appeal in the case of State of H.P. and another vs. Jai Ram Kaundal, held that once a person is appointed against Scheduled Caste or Scheduled Tribe quota, then later they cannot claim reservation under ex-serviceman...
Service Provided For Period Of Three Months And Above Shall Be Treated As One Half Year For The Purpose Of Calculating Total Service Period: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice and Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge, while deciding Letters Patent Appeal in the case of UCO Bank & Ors. vs Chaman Singh, has held that service provided by an employee for the period of three months and above shall be treated as one half year (6 months)...
Congress Leader Abhishek Manu Singhvi Moves Himachal Pradesh High Court Challenging His Defeat In Rajya Sabha Elections
Congress leader and Senior Advocate Abhishek Manu Singhvi has filed an election petition before the Himachal Pradesh High Court challenging his defeat in the Rajya Sabha polls in February this year. In his petition, Sr. Adv Singhvi has challenged the returning officer's decision to declare the winner through a draw of lots.On February 27 this year, Singhvi lost to BJP's candidate Harsh...
Family Annual Income Needs To Be Considered For Determining Eligibility Of Anganwadi Workers, Not Individual Annual Income: Himachal Pradesh High Court
A single judge bench of the Himachal Pradesh High Court comprising of Justice Ranjan Sharma while deciding a Civil Writ Petition in the case of Usha Rani vs State of HP & Ors. has held that to determine the eligibility for appointment as Anganwari Workers, the family annual income of the female candidate must be under Rs. 8000 per annum and not the individual annual income of the...
Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court
A single judge bench of the Himachal Pradesh High Court comprising of Justice Satyen Vaidya while deciding a Civil Writ Petition in the case of Suneet Singh Jaryal vs State of HP & Anr has held that the state government cannot withhold pensionary benefits for an indefinite period on the pretext of financial constraints. Background FactsSuneet Singh Jaryal (Petitioner) retired on...