Himachal Pradesh High Court Weekly Round-Up: July 03 To July 09

Nominal Index

M/s Pratap Industries Products Vs M/s Hindustan Construction Company Ltd 2023 LiveLaw (HP) 45

Ashok Lal Chopra Vs Mrs. Kiran Kapoor and others 2023 LiveLaw (HP) 46

Sumitra Devi Vs Kapoor Chand 2023 LiveLaw (HP) 47

Sanjeev Kumar & ors Vs Sushma Devi 2023 LiveLaw (HP) 48

Krishan Lal Vs State of H.P 2023 LiveLaw (HP) 49

Manni and another Vs State of Himachal Pradesh &Ors 2023 LiveLaw (HP) 50

Prem Lal Vs State of H.P. & others 2023 LiveLaw (HP) 51

Judgments/Orders

S.19 MSME Act | Court Should Determine Whether Pre-Deposit Amount Is Actually Deposited By Appellant: Himachal Pradesh High Court

Case Title: M/s Pratap Industries Products Vs M/s Hindustan Construction Company Ltd

Citation: 2023 LiveLaw (HP) 45

The Himachal Pradesh High Court on directed the District Court, which stayed the execution of an arbitral award in exercise of its power under Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), to first determine whether Section 19 of the Act was complied with.

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Case Title: Ashok Lal Chopra Vs Mrs. Kiran Kapoor and others

Citation: 2023 LiveLaw (HP) 46

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure (CPC) emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral".

Section 145 NI Act Encompasses Court's Power To Summon & Re-Examine Witnesses: Himachal Pradesh High Court

Case Title: Sumitra Devi Vs Kapoor Chand

Citation: 2023 LiveLaw (HP) 47

The Himachal Pradesh High Court ruled that while Section 145(2) of the NI Act does not explicitly mention the re-examination of the complainant or other witnesses, the phrase "summon and examine any person giving evidence in affidavit" also encompasses the court's power to summon and re-examine such witnesses.

Petitions U/S 482 CrPC Not Maintainable For Challenging Proceedings U/S 12 Domestic Violence Act: Himachal Pradesh High Court

Case Title: Sanjeev Kumar & ors Vs Sushma Devi

Citation: 2023 LiveLaw (HP) 48

While reiterating that petitions under Section 482 CrPC are not maintainable for challenging the proceedings under Section 12 of the Domestic Violence Act, the Himachal Pradesh High Court issued directions to the lower courts to ensure their compliance in handling cases related to the Domestic Violence Act.

A bench of Justice Jyotsna Rewal Dua noted that these days diverse recourses are being adopted to challenge the proceedings under the Domestic Violence Act in the form of petitions under Section 482 of the Code or Section 397 read with section 401 of the Code and sometimes under Article 227 of the Constitution.

Himachal Pradesh High Court Directs State To Compensate Nonagenarian Tribal For Land "Illegally" Acquired By Forest Dept

Case Title: Krishan Lal Vs State of H.P

Citation: 2023 LiveLaw (HP) 49

Directing the State to pay market value compensation to a nonagenarian tribal under the Land Acquisition Act 1894, the Himachal Pradesh High Court has said that the State Forest department cannot deprive him of compensation just because he did not keep copies of the complaints he filed in the past against the Forest Department's illegal use of his land.

"The petitioner being an innocent tribal aged 94 years probably did not retain the representations given by him in the past opposing use of this land by the Forest Department, but the Forest Department cannot take advantage of the same particularly when the issue is being agitated, according to the petitioner, from the time such construction was made on his land and when at his instance a demarcation was done on 26.02.2009", a bench of Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel observed.

Civil Judge Recruitment: Himachal Pradesh High Court Dismisses Plea Of Candidates Disqualified Over Defective Credential Certificates

Case Title: Manni and another Vs State of Himachal Pradesh &Ors

Citation: 2023 LiveLaw (HP) 50

The Himachal Pradesh High Court dismissed a plea filed by candidates who were disqualified by the Himachal Pradesh Public Service Commission (HPPSC) for their failure to furnish 'Credential Certificates' in prescribed format along with their applications for the post of Civil Judge (Junior Division).

A division bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel observed,

"Character, good behaviour and antecedents are very important qualifications for persons seeking public employment and in particular for the District Judiciary as Civil Judges (Junior Division)."

[Land Acquisition Act] Serving Notice To 'Interested Persons' Regarding Passing Of Award Mandatory U/S 12(2): Himachal Pradesh High Court

Case Title: Prem Lal Vs State of H.P. & others

Citation: 2023 LiveLaw (HP) 51

Seven years after passing of compensation award for land acquisition in Mangu village near Solang, the Himachal Pradesh High Court ordered that the award be referred to the Statutory authority for determination of the compensation. It observed that Section 12(2) of the Land Acquisition Act 1894, which mandates notice of passing of the award to the interested persons, was not complied with so far as the Petitioner is concerned.