Plea Of Delay U/S 29A A&C Act Cannot Be Used Selectively By NHAI When Extensions Granted In Similar Land Acquisition Cases: HP High Court

The Himachal Pradesh High Court held that the National Highway Authority of India could not be permitted to raise the plea of delay and laches to defeat continuation of arbitral proceedings when extensions had already been granted and proceedings concluded in the cases of other similarly placed landowners. The court remarked that, having participated in the proceedings for almost nine years,...

Ad-Hoc Promotion Beyond Prescribed Quota Confers No Right To Seniority Or Service Benefits: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a writ petition, holding that when ad-hoc promotion is clearly beyond the 15% quota and therefore not in accordance with the Recruitment and Promotion Rules no consequential service benefits can be given. Justice Ranjan Sharma remarked that: “Once the adhoc promotion given to the petitioner was beyond or in excess of 15% quota… therefore, the adhoc promotion granted 'not as per the Rules' will neither confer any right nor a legally...

Postal Dept Cannot Deny Pension To Temporary Employee After Decades Of Service For Want Of Formal Regularisation: HP High Court

The Himachal Pradesh High Court held that a temporary employee of the Postal Department, who had rendered more than two decades of continuous service after the grant of temporary status, could not be denied pensionary benefits merely because a formal order of regularisation was not issued before his retirement. The Court remarked that Union of India could not take advantage of their own inaction in not issuing a formal regularisation order, and the denial of pension was contrary to the settled...

Himachal Pradesh High Court Weekly Round-Up: December 28, 2025 To January 4, 2026

Citations:2025 LiveLaw (HP) 260 to 2025 LiveLaw (HP) 269 Nominal Index: M/s Tania International Company v/s State of H.P. and others.,2025 LiveLaw (HP) 260 Urmila Devi v/s State of H.P. and others.,2025 LiveLaw (HP) 261 Faqeer Chand v/s High Court of Himachal Pradesh.,2025 LiveLaw (HP) 262 Indian Institute of Technology, Mandi (Kamand), H.P. Versus Central...

Punjab Excise Act | Half-Filled, Unsealed Liquor Bottles Cast Serious Doubt: Himachal Pradesh High Court Upholds Acquittal

The Himachal Pradesh High Court dismissed the State's appeal, which challenged the acquittal of an accused for the commission of an offence punishable under Section 61(1)(a) of the Punjab Excise Act (unlawfully possess any intoxicant (like liquor or drugs) or materials/apparatus for making them).The Court held that serious lapses in sealing, production, and identification of the seized...

State Employees' Absorption Policy Must Be Applied Uniformly; Denial After Eligibility Is Arbitrary: Himachal Pradesh High Court

The Himachal Pradesh High Court allowed held that once the petitioner acquires the requisite qualification and the policy continued to operate, absorbtion cannot be denied.Justice Sandeep Sharma remarked that:“Once it is not in dispute that communication dated 06.03.2017 has not been withdrawn till date and pursuant to afore communication, number of similarly situate persons have been...

Social Media Chats Criticising War, Calling for Communal Harmony Do Not Constitute Sedition: Himachal Pradesh High Court

The Himachal Pradesh High Court has granted regular bail to a petitioner accused under Section 152 of the Bharatiya Nyaya Sanhita, 2023, which corresponds to the offence of sedition under Section 124A of the Indian Penal Code. The Court held that mere criticism of war, expression of dissent, or advocacy of peace on social media, without incitement to violence or public disorder, does not amount to sedition.Justice Rakesh Kainthla remarked that:“Prima facie, they show that the...

MSME Facilitation Council Cannot Assume Civil Court Powers; Reference Cannot Be Rejected On Limitation At Conciliation Stage: HP High Court

The Himachal Pradesh High Court held that a Micro and Small Enterprises Facilitation Council functions within the statutory framework of the MSMED Act, 2006 and cannot equate itself with a civil court. The Court further clarified that the Facilitation Council has no authority to invoke or exercise powers vested in civil courts under Section 9 of the Code of Civil Procedure.Justice Ajay Mohan...

Family Court Retains Jurisdiction To Decide Property & 'Stridhan' Claims Even After Divorce Decree: HP High Court

The Himachal Pradesh High Court held that a Family Court does not lose jurisdiction to decide disputes relating to stridhan, gifts, and other matrimonial property merely because a decree of divorce has already been passed. Setting aside the Family Court's dismissal of the wife's application under Section 27 of the Hindu Marriage Act, the High Court remarked that property disputes between spouses must be adjudicated by the Family Court to avoid multiplicity of litigation.Further the High Court...

Driver Must Slow Down When Pedestrians & Cattle Are On Road; Failure Amounts To Negligence: Himachal Pradesh High Court

The Himachal Pradesh High Court has upheld the conviction of an accused in a fatal road accident case, holding that when pedestrians and cattle are moving on the road, the driver is required to slow down and drive with caution; failure to do so constitutes negligence.The Court further remarked that the accused failed to reduce speed despite cattle movement on the road and drove the vehicle in...

Income Tax Act | HP High Court Stays Reassessment Proceedings U/S 148 As Validity Of Notices Were Pending Before SC

The Himachal Pradesh High Court has stayed reassessment proceedings initiated against an assessee under Section 148 of the Income Tax Act, 1961, noting that the validity of such notices is already under consideration before the Supreme Court. A Division Bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma passed the order while hearing a writ petition which had...

Entry-Tax Interest & Penalty From Employer's Delay Cannot Be Shifted To Contractor In Arbitration: HP High Court

The Himachal Pradesh High Court has recently clarified that statutory interest and penalty arising from delayed payment of entry tax cannot be shifted onto a contractor when the delay was caused by the employer's own failure to act in time, and where the arbitral tribunal had consciously restricted the contractor's scope of liability. Justice Ajay Mohan Goel in an order dated...