Himachal Pradesh High Court
Can't Compromise Fair Investigation To Protect Reputation Of Officers: HP High Court Refuses To Recall Order Removing DGP Sanjay Kundu
The Himachal Pradesh High Court on Tuesday refused to recall its order removing IPS officer Sanjay Kundu from the post of Director General of Police, to prevent any interference with the probe into a businessman's complaint apprehending threat to his life by a former IPS officer and a practising lawyer. The State has posted Kundu as the Principal Secretary of the Ayush Department. He is due...
Himachal Pradesh High Court Issues Contempt Notice To NLU Shimla VC
The Himachal Pradesh High Court has issued a contempt notice to the Vice-Chancellor of National Law University, Shimla for wilful disobedience of its order to address the representation made by one of its students to re-appear and retake the supplementary examination in respect of Economics-II (subject) pertaining to the 2nd Semester in order to clear the backlog paper, at the time of...
Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree
The Himachal Pradesh High Court has ruled that levelling baseless accusations of infidelity against a spouse can be grounds for divorce, even if unintentional.A bench comprising Justices Vivek Singh Thakur and Sandeep Sharma has clarified that cruelty can exist even without deliberate or willful intent and the absence of intention shouldn't negate relief for the aggrieved spouse if the...
Delay In Filing Return Bonafide: Himachal Pradesh High Court Allows Deduction To H.P. Housing & Urban Development Authority
The Himachal Pradesh High Court has allowed the deduction under Section 80IB(10) of the Income Tax Act to the H.P. Housing & Urban Development Authority as the delay in filing the return was bona fide.The bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua has observed that since the entitlement of the assessee to deduction had not been questioned by the department...
Himachal Pradesh High Court Annual Digest 2023 [Citations 1-83]
Nominal Index:Rajinder Kumar Vs Pushpa Devi 2023 LiveLaw (HP) 1Charno Ram vs. Union of India and others 2023 LiveLaw (HP) 2Rohit Chauhan Vs State of Himachal Pradesh 2023 LiveLaw (HP) 3Deep Raj @Neetu Vs State of Himachal Pradesh 2023 LiveLaw (HP) 4Himachal Pradesh Non Gazzetted Employees Vs State of Himachal Pradesh 2022 LiveLaw (HP) 5Court on its own motion v. State of H.P. & Anr...
Giving Birth, Taking Care Of Child Not Only Fundamental Right Of A Woman But Also A Pious Role For Society's Existence: HP High Court
Underscoring the significance of upholding the rights of women during maternity the Himachal Pradesh High Court has observed that "Motherhood is an important and essential duty to be performed by a woman for the existence of the human race on this earth," and stressed the need to provide pregnant women with the necessary support and facilities.A bench of Justice Vivek Singh Thakur...
Convicts Too Must Breathe Fresh Air For At Least Some Time Provided They Maintain Good Conduct: HP High Court On Parole
Underscoring the importance of rehabilitation and societal reintegration for convicts, the Himachal Pradesh High Court has granted parole to a prisoner, emphasizing that even those convicted of serious crimes deserve a chance to breathe fresh air and demonstrate their commitment to reform.In allowing a plea seeking parole Justices Tarlok Singh Chauhan and Bipin Chander Negi...
Section 34 Specific Relief Act Not A Bar to Declaratory Suit Without Consequential Relief: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that Section 34 of the Specific Relief Act, 1963, does not automatically bar a suit for mere declaration of title, even if the plaintiffs could have sought additional consequential relief.A bench of Justice Vivek Singh Thakur observed,“Section 34 of the Act does not mandate that declaratory suit without consequential relief which...
'A Foreigner Has No Right To Remain On Indian Soil Post Visa Expiry': HP High Court Denies Bail To Man Booked U/S 14 Foreigners Act
Denying bail to a foreign national accused of violating Section 14 of the Foreigners Act, the Himachal Pradesh High Court has reiterated that bail cannot be granted to a foreigner accused of committing an offence punishable under Section 14 of the Foreigners Act.Justice Rakesh Kainthla while citing certain precedents has observed,“No foreigner has any right to enter or remain in India. He...
Himachal Pradesh High Court Weekly Roundup December 18 - December 24, 2023
Nominal Index:Sh. Sanjeev Kumar alias Sanjeev Raizada Vs Sh. Yudhvir Singh 2023 LiveLaw (HP) 80State of Himachal Pradesh & anr Vs Ramesh Chand & anr 2023 LiveLaw (HP) 81Gagnesh Thakur Vs Vishal Awasthi 2023 LiveLaw (HP) 82State of H.P Vs Shaul Borov 2023 LiveLaw (HP) 83Judgments/Orders: Parties Barred From Using Court To 'Create Evidence' By Seeking Appointment Of Commissioner Under...
In Sentence Enhancement Appeals, HC Can't Convert Conviction In Lesser Offence Into Graver Offence: Himachal Pradesh High Court
The Himachal Pradesh High Court has recently ruled that when a person is charged with a graver offence but is convicted of lesser offences, it amounts to the acquittal of the serious offence. It is not permissible for the High Court to convert the lesser offence into a serious offence in an appeal for enhancement of sentence, the court clarified.A bench of Justice Rakesh...
HP High Court Directs DLSA Secy To Inspect Cow Sanctuary Amidst Allegations Of Animal Neglect
The Himachal Pradesh High Court has ordered an independent inspection of the Radhe Krishna Cow Sanctuary in Luthan, Kangra, following allegations of animal neglect and mismanagement.A direction to this effect came on the heels of a Public Interest Litigation (PIL) filed by Pawan Kumar, alleging rampant neglect and mismanagement leading to the deaths of over 1200 cows within just two...