Himachal Pradesh High Court
Right To Be Forgotten | Upholding Acquittal Of POCSO Act Accused, HP High Court Directs Masking Of Names Of Parties In Digital Records
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 recently 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. This...
Himachal Pradesh High Court Weekly Roundup: July 8 - July 14, 2024
Nominal Index [Citations 28-36]:Hoshyar Singh Chambyal and Ors. v. Hon'ble Speaker and Ors 2024 LiveLaw (HP) 28Tahseen Gul Vs State of Himachal Pradesh 2024 LiveLaw (HP) 29M/s AMN Life Pvt. Ltd. Versus Union of India & others 2024 LiveLaw (HP) 30Ultra Tech Cement Ltd. Versus UOI 2024 LiveLaw (HP) 31J.B.J. Perfumes Private Limited Versus Principal Commissioner of Income Tax and another...
'Continuous' 7-Yrs Practice As Advocate Not Required For District Judge Appointment: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that continuous practice as an advocate for seven years is not required for appointment as an Additional District and Sessions Judge under Article 233(2) of the Indian Constitution.Delivering the judgment, the court said:“Article 233(2) of the Constitution of India does not require continuous practice for seven years as an Advocate; it merely...
"Terrifying, Perverse Order": Himachal Pradesh HC Raps Trial Judge For Ordering Coercive Action Against Judgement Debtor Without Prior Notice
The Himachal Pradesh High Court recently issued a stern rebuke to a Senior Civil Judge for issuing an execution order without following mandatory legal procedures and directing coercive measures against the judgment debtor without issuing a prior notice.Justice Tarlok Singh Chauhan, addressing the petitioner's grievance and expressing his disapproval of the order, stated, “It is not...
Callous Attitude Of Arbitrator: Himachal Pradesh High Court Criticizes Arbitrator For Not Completing Arbitral Proceedings Within Prescribed Time
The Himachal Pradesh High Court bench of Justice Bipin Chander Negi onus is upon the arbitrator to perform the task entrusted to them within the time schedule prescribed in Section 29A of the Arbitration and Conciliation Act, 1996. The bench noted that criticized an arbitrator appointed by Central Government under the National Highways Act for his callous attitude. The court noted...
Live-Streaming Of Police Actions Would Not Constitute Obstruction In Discharge Of Public Function: Himachal Pradesh High Court
Underscoring that live-streaming police actions cannot be considered an obstruction of duty the Himachal Pradesh High Court has ruled that“Mere protest or use of intemperate language, without any overt act, would not amount to the criminal offence of obstructing an official in the discharge of public functions.”A bench comprising Justice Sandeep Sharma while deciding the matter...
Assessment Re-Opened By Dept. Based On 'Change Of Opinion'; Himachal Pradesh High Court Quashes Reassessment
The Himachal High Court quashed the reassessment order on the grounds that the assessment was re-opened by the department based on 'change of opinion'.The bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja has observed that as per the record the objections were raised only by the Audit Party and, therefore, reasons have been recorded on borrowed satisfaction of the Audit Party...
Himachal Pradesh High Court Quashes Order Rejecting Ultra Tech's Claim For Grant Of Budgetary Support Scheme
The Himachal Pradesh High Court has quashed the order rejecting Ultra Tech's claim for the grant of budgetary support.The bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya has observed that the budgetary support scheme is governed by principles of natural justice, and one such principle is the necessity of providing an opportunity of hearing to the party who would suffer...
Refusal To Entertain Refund Application Of Unutilized ITC; Himachal Pradesh High Court Imposes 10K Cost On Deputy CGST Commissioner
The Himachal Pradesh High Court has imposed a cost of Rs. 10,000 on the Deputy CGST Commissioner for refusing to entertain the application of the assessee or petitioner for a refund of unutilized input tax credit.The bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya has observed that the Deputy CGST Commissioner could not have refused to entertain the application of...
Women Being Charged For Using Urinals A 'Serious Matter': High Court Warns Shimla Municipal Corp & Sulabh Int'l Of Contempt Action
The Himachal Pradesh High Court has cautioned the Shimla Municipal Corporation and Sulabh International of contempt action over the allegations that women are being charged Rs. 5 for using the free-for-use urinals.A bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja observed thus while directing the SMC and Sulabh International to ensure strict compliance with orders passed by...
[S. 153(B) IPC] Praying For Departed Militant Does Not Amount To Instigating Community To Protest: Himachal Pradesh High Court
The Himachal Pradesh High Court has determined that offering prayers for a deceased militant does not amount to instigating members of the community to protest, thereby not attracting penal provisions under Section 153(B) of the Indian Penal Code (IPC).Quashing an FIR against a student for offences under Sections 153(B) of Indian Penal Code a bench of Justice Sandeep Sharma observed,...
Constitutional Courts Cannot Impose Timeline On Speaker To Accept Or Decline Resignations Of MLAs: Himachal Pradesh High Court
The Himachal Pradesh High Court held recently that courts cannot impose a specific timeframe on the Speaker of the Legislative Assembly to decide on the resignations submitted by Members of the Legislative Assembly (MLAs).“…no timeframe can be fixed by the Constitutional Court for the Speaker to decide the issue of resignation tendered by members of the Legislative Assembly/Vidhan Sabha,...