Home Guards Can't Register Welfare Association Under Societies Act For Service-Related Grievances: HP High Court

The Himachal Pradesh High Court has clarified that there is a distinction between an association formed by employees or volunteers to collectively raise their grievances and a society capable of registration under the Himachal Pradesh Societies Registration Act, 2006. The Court remarked that while such groups are often described as “societies,” they do not automatically qualify as societies under the Himachal Pradesh Societies Registration Act, 2006. Justice Ajay Mohan Goel remarked...

Himachal Pradesh High Court Quashes ₹16.72 Lakh GST Input Tax Credit Demand After Tax Is Paid

The Himachal Pradesh High Court has quashed a tax demand of Rs 16.72 lakh raised against Shivalik Containers Pvt. Ltd. for the alleged wrongful availment of Input Tax Credit (ITC).The court held that the subsequent payment of tax along with interest by the supplier cannot be ignored while examining the sustainability of a demand raised against the recipient, even if such compliance takes...

Father Need Not Prove Financial Dependency To Claim Compensation As Legal Representative Under MV Act: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the Motor Accident Claims Tribunal can't deny compensation to the father of the deceased on the ground that he was not financially dependent on his son.The Court further clarified that a father, being a legal representative, is entitled to compensation and estate of the decased, irrespective of dependency. Even when dependency is not proved...

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...

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...

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...

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...