Himachal Pradesh High Court Weekly Round-Up: July 29 - August 4, 2024

State of Himachal Pradesh vs XYZ 2024 LiveLaw (HP) 37

Rakesh Kumar Bansal vs. State of H.P. and others 2024 LiveLaw (HP) 38

The State of HP through its Secretary (Power), Government of Himachal Pradesh V/s M/s Adani Power 2024 LiveLaw (HP) 39

Krishan Lal vs. Champa Devi 2024 LiveLaw (HP) 40

Suresh Kumar Versus the State of H.P & Ors 2024 LiveLaw (HP) 41

Rishi Raj Versus State of Himachal Pradesh and Others 2024 LiveLaw (HP) 42

Shakuntala Devi & Ors Versus Kewal Singh & Ors 2024 LiveLaw (HP) 43

Shakuntala Devi & Ors Versus Kewal Singh & Ors 2024 LiveLaw (HP) 44

Judgments/Orders:

Right To Be Forgotten | Upholding Acquittal Of POCSO Act Accused, HP High Court Directs Masking Of Names Of Parties In Digital Records

Case title: State of Himachal Pradesh vs XYZ

Citation: 2024 LiveLaw (HP) 37

Upholding the acquittal of a rape accused under the POCSO Act and emphasizing the right to be forgotten post-acquittal, the Himachal Pradesh High Court instructed its registry to mask the names of both the accused and the victim from its digital records.

A bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja emphasized that the right to privacy, encompassing the right to be forgotten and the right to be left alone, is an inherent aspect of personal liberty.

Touching Female Students Inappropriately On Back & Neck, Making Comments About Their Dress Will Attract S. 7 POCSO Act: HP High Court

Case title - Rakesh Kumar Bansal vs. State of H.P. and others

Case citation: 2024 LiveLaw (HP) 38

The Himachal Pradesh High Court observed that a teacher's inappropriate physical contact with female students, along with comments about their attire, would constitute an offence under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act 2012, which punishes acts of 'Sexual assault'.

Himachal Pradesh High Court Denies ₹280 Crore Refund To Adani Power In Hydro-Electric Projects Dispute

Case Title: The State of Himachal Pradesh through its Secretary (Power), Government of Himachal Pradesh V/s M/s Adani Power Limi

Citation: 2024 LiveLaw (HP) 39

The Himachal Pradesh High Court set aside its previous order directing the State to refund over ₹280 crore to Adani Power Limited in a Hydro-Electric Projects Dispute concluding that the financial arrangements made by Brakel Corporation with Adani Power were not approved by the State, violating the tender conditions and the Hydro Power Policy.

Divorced Wife Not Disentitled To Maintenance On Grounds That She Is Living In Adultery: Himachal Pradesh High Court

Case title: Krishan Lal vs. Champa Devi

Citation : 2024 LiveLaw (HP) 40

The Himachal Pradesh High Court observed that a divorced wife is not automatically disqualified from receiving maintenance solely on the grounds of living in adultery.

A bench of Justice Rakesh Kainthla observed this while dismissing a plea moved by a man challenging an order passed by the Additional Chief Judicial Magistrate in Shimla to issue a warrant for the attachment of immovable property after he failed to provide maintenance to his divorced wife.

Delay By Itself Doesn't Extinguish Govt's Authority To Refer Industrial Disputes, Relevant To Examine Whether Dispute Still Exists: HP High Court

Case Title: Suresh Kumar Versus the State of H.P & Ors.

Citation: 2024 LiveLaw (HP) 41

The Himachal Pradesh High Court ruled that a delay in raising an industrial dispute does not, by itself, denude the government of its authority to examine the advisability of referring such disputes for adjudication.

The court explained that while delay is a relevant factor in determining whether a dispute still "exists," it does not automatically render the dispute stale or non-existent.

[Forest Conservation Act] Forest Land Cannot Be Repurposed For Non-Forest Activities Without Approval: Himachal Pradesh High Court

Case Title: Rishi Raj Versus State of Himachal Pradesh and Others

Citation: 2024 LiveLaw (HP) 42

The High Court of Himachal Pradesh upheld an eviction order against a petitioner, emphasizing the stringent requirements of the Forest Conservation Act, 1980. The Court reinforced that forest land cannot be repurposed for non-forest activities without the necessary approvals, underscoring the legal framework designed to protect forest areas from unauthorized use.

Plaint Can't Be Immediately Rejected For Insufficient Stamping Or Lack Of Court Fee, Opportunity To Correct Deficiency Must Be Given: HP High Court

Case Title: Shakuntala Devi & Ors Versus Kewal Singh & Ors.

Citation: 2024 LiveLaw (HP) 43

The Himachal Pradesh High Court ruled that a plaint cannot be dismissed solely on the grounds of insufficient stamping or the failure to affix the proper court fee, even when supported by evidence such as a spot map or witness statements.

Prolonged Delay In Departmental Inquiries Unacceptable: HP High Court Quashes Case Against Retd Officer Accused Of Using Fake Caste Certificate

Case Title: Shakuntala Devi & Ors Versus Kewal Singh & Ors.

Citation: 2024 LiveLaw (HP) 44

The Himachal Pradesh High Court quashed the departmental proceedings against a retired Forest Department officer accused of using a fake Schedule Caste certificate. The court also ordered the immediate release of his withheld retiral benefits, citing the unacceptable delays in concluding the inquiry.