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...

Himachal Pradesh High Court Weekly Round-Up: March 25 - March 31, 2024

Nominal Index:PCIT Versus M/s H.P. Housing & Urban Development Authority 2024 LiveLaw (HP) 1KT Vs ST 2024 LiveLaw (HP) 2COURT ON ITS OWN MOTION Versus STATE OF HIMACHAL PRADESH 2024 LiveLaw (HP) 3State Bank of India Versus State of H. P. & Ors 2024 LiveLaw (HP) 4N.H.P.C. Ltd. Versus State of H.P. & ors 2024 LiveLaw (HP) 5Chander Prabha vs LAC & Anr 2024 LiveLaw (HP) 6M/s INOX...

In Absence Of Any Statutory Provision, Seniority Is Counted From Appointment To A Post: Himachal Pradesh High Court

A Division Bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan & Justice Sushil Kukreja while deciding a Letters Patent Appeal (LPA) in the case of State of HP & Ors vs Reena Verma has held that in the absence of any statutory provision, once a person is appointed to a post, his/her seniority is counted from the date of appointment. Background...

Difficult For Motorists To Drive On NH-21 Due To Heavy Dust, Poor Road Conditions: HP High Court Pulls Up NHAI, Seeks Status Report

The Himachal Pradesh High Court has expressed concern over the poor road conditions on the Kullu-Manali stretch of National Highway 21.The court, in an order passed by Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua, noted that while some steps have been taken to improve the condition of NH-05, the Manali-Mandi section of NH-21 remains neglected.Taking note of the recently...

HP High Court Pulls Up Consumer Grievances Redressal Forum, Orders Training For Members Who Flouted Judicial Discipline By Defying Ombudsman's Directives

The Himachal Pradesh High Court has pulled up members of a Consumer Grievances Redressal Forum (Forum) constituted under the Electricity Act 2003 for defying the Electricity Ombudsman's directives. The Court has ordered their training in judicial discipline before they can resume adjudicating cases.Reprimanding the members of the forum for violating Judicial decorum Justice Tarlok Singh...

Credit Availed On Outward Transportation Services Eligible When Freight Charges Are Included In Taxable Value: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that credit availed on outward transportation services is eligible when the freight charges are included in the taxable value.The bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua observed that the Tribunal was not justified in holding that the place of removal for the GTA services provided under the sale contract is...

Onus On Authority Acting Arbitrator To Perform Task Within Time Schedule Prescribed In Statue: Himachal Pradesh High Court Directs Arbitrator To Complete Proceedings

The Himachal Pradesh High Court single bench of Justice Sushil Kukreja held that when a statute envisages an authority, be it an Arbitrator, to do a particular act in a particular manner and in a prescribed time schedule, then the onus is upon the said authority/Arbitrator to perform the task entrusted to it within the time schedule prescribed in the statute. It held that the...

Himachal Pradesh High Court Declares Water Cess Levied By State Government On Hydropower Generation As Unconstitutional

The Himachal Pradesh High Court has declared the levy of water cess by the state government on hydropower generation unconstitutional.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that even the Statement of Objects and Reasons as well as the preamble of the Himachal Pradesh Water Cess on Hydropower Generation Act, 2023, do not lend any guidance to the...

Excise, Revenue And Other Departments Will Not Have Priority Over Secured Creditors: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that departments of the state, including excise and revenue, will not have priority over the secured creditors' debt.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that the dues of the secured creditor, i.e., the appellant bank, will have priority over the dues of the Central Excise Department, as even after the...

Ram Mandir Pran Pratishta : Public Holiday Declared For High Court & District Judiciary Of Himachal Pradesh Tomorrow

The Himachal Pradesh High Court has declared a public holiday for the High Court as well as the District Judiciary in the State of Himachal Pradesh on January 22 (Monday).This is in pursuance of a notification issued by the Himachal Pradesh State Government declaring a public holiday tomorrow in view of the consecration of the Ram Temple at Ayodhya.Several Tribunals across the country, CAT,...