12 August 2024


Search Results for Tag : HP High Court

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Supreme Court: Courts Cannot Interfere With Law Making Powers Under Guise of Judicial Review(09.02.2017)

Supreme Court, while setting aside directions to amend a tenancy law issued by HP High Court, has reiterated that Court in its judicial review cannot .....

Tags : Supreme Court, tenancy law, HP High Court

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HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity(04.07.2025)

HP HC has stated that no Court shall set-aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of sum.....

Tags : HP High Court, Ex-Parte Decree, Service of Summons

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HP HC: Mere Use of Encroached Land Doesn’t Make a Person Necessary Party(08.07.2025)

HP High Court has observed that mere use of encroached/broken forest land would not make a person necessary party in the eviction proceedings filed by.....

Tags : HP High Court, Encroached Land, Necessary Part

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HP HC: Once Judicial Officers Participate in Departmental Exam, they Cannot Challenge the Rules(09.07.2025)

Himachal Pradesh High Court has held that judicial officers who took the departmental exam for promotion without protest were estopped from challengin.....

Tags : HP High Court, Departmental Exam, Judicial Officers

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HP HC: State Lacks Authority to Transfer Police Officers Without Mandatory Recommendation(10.07.2025)

Himachal Pradesh High Court while quashing transfer of a Sub-Divisional Police Officer, has observed that State does not have the authority to transfe.....

Tags : HP High Court, Police Officers, Mandatory Recommendation

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HP HC Upholds Wife’s Claim of Adverse Possession after Husband’s Death(11.07.2025)

Himachal Pradesh High Court while upholding a wife’s claim of adverse possession after her husband's death, has observed that unauthorized possession .....

Tags : HP High Court, Husband’s Death, Adverse Possession

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HP High Court Seeks Govt.’s Response on Growing Illicit Drug Trade(22.06.2016)

HP High Court, while taking suo motu cognisance of the growing illicit drug trade in the State, has sought response from State Government.

Tags : HP High Court, Drug Trade

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Himachal High Court Seeks Rescue Report on Tunnel Collapse(21.09.2015)

HP High Court has ordered Border Roads Organisation and Central Govt. to file a status report in ongoing operation to rescue three labourers trapped i.....

Tags : HP High Court , Border Roads Organisation,Central Govt.

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HP High Court Strikes Down Provision of Rent Act(04.08.2016)

HP High Court has struck down first proviso of clause (c) of sub-section (3) of Section 14 of the of HP Urban Rent Control Amended Act, observing it a.....

Tags : HP High Court, HP Urban Rent Control Amended Act

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HP High Court Asks Centre and State to Take Steps To Check Misuse Of Drugs(16.03.2016)

HP High Court has rapped Central and State Government authorities on misuse of oxytocin and directed for measures to regulate manufacture, import and .....

Tags : HP High Court, Centre, State

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HP HC Grants Bail to NDPS Accused Citing Delay in Initiating Trial Proceedings(05.06.2025)

Himachal Pradesh High Court has granted bail to an accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after observing that the pe.....

Tags : HP High Court, Trial Proceedings, Custody

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Himachal Pradesh HC: Can’t Deny Medical Claim on Flimsy Grounds(23.06.2025)

Himachal Pradesh High Court has held that once a medical claim is admissible in terms of beneficial policy of the State, the same should not be denied.....

Tags : HP High Court, Medical Claim, Flimsy Grounds

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HP HC: Cannot Treat Amount Deposited Under Protest as Admission of Tax Liability(24.06.2025)

Himachal Pradesh High Court has held that once a taxpayer has deposited an amount 'under protest', the same could not have been considered to be an ad.....

Tags : HP High Court, Tax Liability, Taxpayer

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HP HC: Employees Having Good Political Relation and Influence are Hardly Sent to Hard/Tribal Area(01.07.2025)

HP HC has observed that transfer policy formulated by the Government clearly reveals that every employee, during his life career, should be sent to su.....

Tags : HP High Court, Transfer Policy, Political Relation

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HP HC: Rule Making Power Under Drugs & Cosmetics Act Lies Exclusively With the Central Government(04.07.2025)

Himachal Pradesh High Court has held that the rule making power under the Drugs & Cosmetics Act, 1940 lies exclusively with the Central Government. Th.....

Tags : HP High Court, Central Government, State Drug Controller

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HP High Court to Centre: Consider Total Ban on Beef in 3 Months(15.10.2015)

Himachal Pradesh HC has asked Centre to consider enacting a law prohibiting slaughter of cows, their import/export and sale of beef and its products a.....

Tags : Centre , HP High Court

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HP High Court: Judgment Passed by Single Member of the Juvenile Justice Board is Void Ab Initio(03.06.2019)

Himachal Pradesh High Court has held that judgment passed by a single member of the Juvenile Justice Board is void ab initio as per the provisions of .....

Tags : HP High Court, Juvenile Justice

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HP HC: Adultery Not a Ground to Automatically Disqualify Divorced Wife from Receiving Maintenance(24.07.2024)

Himachal Pradesh High Court has observed that a divorced wife cannot be automatically disqualified from receiving maintenance under Section 125(4) of .....

Tags : HP High Court, Divorced Wife, Maintenance, Adultery

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SC: Reservations Expressed Over Observations Made by HC on Grant of Bail to Foreign National(13.08.2024)

Supreme Court while hearing a bail application filed by a foreign national who was denied bail by Himachal Pradesh High Court, has expressed some rese.....

Tags : Supreme Court, Foreign Nationals, HP High Court

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HP HC: Can’t Set Aside Award Unless Patent Illegality Established u/s 34 of A&C Act(14.11.2024)

Himachal Pradesh High Court has stated that an interference with the award can only be made under Section 34 of Arbitration and Conciliation Act, 1996.....

Tags : HP High Court, Section 34, Patent Illegality

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HP High Court Nullifies Law Permitting State to Appoint MLAs as Parliamentary Secretaries(14.11.2024)

Himachal Pradesh High Court has nullified the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Am.....

Tags : HP High Court, MLAs, Parliamentary Secretaries

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HP HC: Court Must Confine Itself to Grounds Under Section 34 While Hearing Appeal u/s 37 of A&C Act(18.11.2024)

HP High Court has held that a court while dealing with appeals under Section 37 Arbitration and Conciliation Act, 1996, has a very narrow scope of int.....

Tags : HP High Court, Scope of Interference, Section 34

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HP HC: Can’t Entertain Petition u/s 34 Filed beyond Limitation Period Unless Sufficient Cause Shown(26.11.2024)

HP High Court has held that if a petition under Section 34 of Arbitration and Conciliation Act is filed beyond the limitation period of three months, .....

Tags : HP High Court, Limitation Period, Sufficient Cause

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HP HC: When Award is Passed Without Giving Reasons, it Suffers from Patent Illegality(02.12.2024)

Himachal Pradesh High Court has held that when an award is passed without giving reasons regarding the adjudication of disputes, the award is said to .....

Tags : HP High Court, Patent Illegality, Award

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HP HC: Mentioning of Wong Provision Not Fatal to Application(14.01.2025)

HP High Court while hearing an application filed under S. 151 of CPC rather than Section 29A of A&C Act, has held that it is well-settled law that mer.....

Tags : HP High Court, Incorrect Provision, Application

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HP HC: When S. 29A(4) of A&C Act Applies, Application Under Section 151 of CPC Won’t be Maintainable(28.08.2024)

Himachal Pradesh High Court has held that when a particular provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for ex.....

Tags : HP High Court, S. 29A(4) of A&C Act, Arbitration Proceedings

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SC Provides Relief for 5,700 ‘Nautor’ Land Allottees(10.02.2016)

Supreme Court, while providing relief to more than 5,700 families in possession of nautor land in Himachal Pradesh, has stayed HP High Court ruling fo.....

Tags : Supreme Court, HP High Court

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HP HC: Section 5 of Limitation Act Isn’t Applicable to Petition u/s 34 of A&C Act(14.04.2025)

HP High Court has held that since Section 5 of the Limitation Act, 1963 is not applicable on a petition filed under Section 34 of the Arbitration and .....

Tags : HP High Court, Section 34, Section 5

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HP HC: Pension Benefits to be Given to Class-III Employees Regularized Retrospectively(22.07.2025)

Himachal Pradesh High Court has held that a Class-III employee whose services have been regularized retrospectively is entitled to pensionary benefits.....

Tags : HP High Court, Class-III Employees, Retrospectively

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HP HC: Home Guards Not Entitled to Compassionate Appointment Scheme(24.07.2025)

HP HC has held that when the job performed by Home Guards has been assessed to be purely of temporary nature, it will not be prudent to hold their dep.....

Tags : HP High Court, Home Guards, Compassionate Appointment Scheme

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HP HC: Caste is Assigned to a Person at Birth and Does Not Change after Marriage(30.07.2025)

Himachal Pradesh High Court has held that caste is assigned to a person at birth and does not change during the lifetime of a person even upon marryin.....

Tags : HP High Court, Scheduled Caste, Birth

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HP HC: No Detention Merely for Suspected Heroin in Blood(01.08.2025)

Himachal Pradesh High Court granted bail in an NDPS case, ruling that it is not permissible to detain a person solely on the presumption that their bl.....

Tags : HP High Court, Heroin, FSL Report, Presumption, Illegal detention,

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HP HC: Insurance Company Not Liable to Provide Compe. for Injuries Sustained by Gratuitous Passenger(05.05.2025)

HP HC while holding that an insurance company is not liable to provide compensation for injuries sustained by a gratuitous passenger has held that the.....

Tags : HP High Court, Insurance Company, Gratuitous Passenger

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HP HC: MNREGA Workers Don’t Fall Under the Category of Employees under Employee's Compensation Act(06.05.2025)

HP HC has observed that once it is clear that MNREGA worker is not covered under the definition of Employee's Compensation Act, 1923 there is no right.....

Tags : HP High Court, MNREGA Worker, Employee's Compensation Act

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HP HC: Cannot Grant Higher Pension on Duties Performed Temporarily(07.05.2025)

Himachal Pradesh High Court has held that a person cannot claim pension benefits for temporary work assigned at a higher post for a brief period befor.....

Tags : HP High Court, Higher Pension, Temporary Work

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