Himachal Pradesh High Court Weekly Roundup December 18 - December 24, 2023

Sh. Sanjeev Kumar alias Sanjeev Raizada Vs Sh. Yudhvir Singh 2023 LiveLaw (HP) 80

State of Himachal Pradesh & anr Vs Ramesh Chand & anr 2023 LiveLaw (HP) 81

Gagnesh Thakur Vs Vishal Awasthi 2023 LiveLaw (HP) 82

State of H.P Vs Shaul Borov 2023 LiveLaw (HP) 83

Judgments/Orders:

Parties Barred From Using Court To 'Create Evidence' By Seeking Appointment Of Commissioner Under O26 R9 CPC: HP High Court

Case Title: Sh. Sanjeev Kumar alias Sanjeev Raizada Vs Sh. Yudhvir Singh

Citation: 2023 LiveLaw (HP) 80

The Himachal Pradesh High Court ruled that a party cannot use the court to "create evidence" through the appointment of a commissioner by taking recourse to Order 26 Rule 9 CPC.

Dismissing a petition under Article 227 of the Constitution of India in terms of which the petitioner had contested the dismissal of his application under Order 26, Rule 9 by the trial court Justice Ajay Mohan Goel observed,

“Petitioner cannot be permitted to call upon the Court by way of appointment of a Local Commissioner to create evidence to prove his allegation as to whether part of the suit land mentioned in the application filed under Order 26, Rule 9 of the Code of Civil Procedure stood encroached upon by the defendant or not”.

State Must Ensure Clean Environment, HP High Court Dismisses State Govt's Plea Challenging NGT's Jurisdiction Over Eco-Sensitive Areas

Case Title: State of Himachal Pradesh & anr Vs Ramesh Chand & anr.

Citation: 2023 LiveLaw (HP) 81

The Himachal Pradesh High Court, comprising Justices Vivek Singh Thakur and Bipin Chander Negi dismissed the Himachal Pradesh government's challenge to the National Green Tribunal's (NGT) jurisdiction in a case pertaining to environmental concerns in the state.

A bench comprising Justices Vivek Singh Thakur and Bipin Chander Negi observed,

“The existence of the Tribunal without its broad restorative power under Section 15 (1) (c) read with section 20 of the Act, would render it ineffective and toothless and shall betray the legislative intent in setting up a specialized Tribunal to address environmental concerns”.

S. 311 CrPC Not Only Aims To Do Substantial Justice But Also Intends To Establish An Orderly Society: HP High Court

Case Title: Gagnesh Thakur Vs Vishal Awasthi

Citation: 2023 LiveLaw (HP) 82

Highlighting that the power granted under Section 311 CrPC is essential to ensuring substantial justice and maintaining an orderly society, the Himachal Pradesh High Court asserted that this discretionary power can be exercised by Courts at any stage of an inquiry or trial when deemed necessary for a just decision.

Justice Vivek Singh Thakur has observed,

“The object and aim of the provision, as a whole, is to do substantial justice not only from the viewpoint of the party but also to establish an orderly society. Where the Court finds it essential to examine, re-examine, recall or call any witness, at any stage of inquiry/trial or other proceedings for rendering just decision in the case, this power can be exercised at any stage”.

In Sentence Enhancement Appeals, HC Can't Convert Conviction In Lesser Offence Into Graver Offence: Himachal Pradesh High Court

Case Title: State of H.P Vs Shaul Borov

Citation: 2023 LiveLaw (HP) 83

The Himachal Pradesh High Court 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 Kainthal observed,

“..when a person is charged with a graver offence but is convicted of the lesser offences, the same amounts to the acquittal of the serious offence and it is not permissible for the High Court to convert the lesser offence into serious offence in an appeal for enhancement of sentence. The High Court can only enhance the sentence provided for the lesser offence of which the person was found guilty”.

News Updates:

HP High Court Directs DLSA Secy To Inspect Cow Sanctuary Amidst Allegations Of Animal Neglect

The Himachal Pradesh High Court ordered an independent inspection of the Radhe Krishna Cow Sanctuary in Luthan, Kangra, following allegations of animal neglect and mismanagement.

Acting on the PIL, the High Court bench led by Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua has entrusted the Secretary of the District Legal Services Authority (DLSA), Kangra, with the crucial task of visiting the sanctuary and conducting a thorough inspection.