Himachal Pradesh High Court
Himachal Pradesh High Court Monthly Digest: July 2025
NOMINAL INDEX:Bharti Rathore v/s State of HP & others., 2025 LiveLaw (HP) 75Monika v/s State of HP & others., 2025 LiveLaw (HP) 76Biogenetic Drugs (P) Ltd. & another v/s State of H.P. & Ors., 2025 LiveLaw (HP) 77Devi Dass v/s M/s Ginni Global Pvt. Ltd. & another., 2025 LiveLaw (HP) 78Surinder Chauhan v/s Jai Lal Bragra., 2025 LiveLaw (HP) 79Parneet Kumar v/s State of...
Person Cannot Be Held Liable For Encroachment U/S 33 Of Indian Forest Act Without Notification Of Reserved Forest: HP High Court
The Himachal Pradesh High Court has held that when a chargesheet does not mention any notification to specify that the encroachment land was a reserved forest, a person cannot be held liable under the Indian Forest Act.Relying on the decision of the Himachal Pradesh high court in State of H.P. V/s Ami Chand, 1992, held that A person cannot be held liable for the commission of an...
Himachal Pradesh High Court Weekly Round-Up: August 18, 2025 To August 24, 2025
Citation No: 2025 LiveLaw (HP) 129 to 2025 LiveLaw (HP) 138Nominal Index:Krishan Kumar Kasana V/s State of H.P. & another.,2025 LiveLaw (HP) 129Yog Raj V/s State of H.P. & Ors.,2025 LiveLaw (HP) 130Digvijay Singh V/s State of H.P.,2025 LiveLaw (HP) 131Nek Singh Dogra State of H.P. & Ors.,2025 LiveLaw (HP) 132Sant Ram v/s State of H.P. & Ors.,2025 LiveLaw (HP) 133Hoshiar Singh...
HP High Court Orders Regularisation Of Class-IV Employee After 20 Years Of Service; Imposes ₹50K Cost On State For Repeated Denial Of Claim
The Himachal Pradesh High Court has ordered the regularisation of a Class-IV employee after 20 years of service. The court imposed a ₹50,000 cost on the state as it repeatedly denied the claim of the employee, despite repeated directions from the court.Justice Sandeep Sharma remarked that: “Since petitioner herein was repeatedly compelled by respondents to approach this Court for his...
Merely Posting 'Pakistan Zindabad' On Facebook Without Denouncing India Is Not Sedition U/S 152 BNS: Himachal Pradesh High Court
The Himachal Pradesh High Court has granted bail to a street vendor who was accused of sharing an AI-generated image of the Prime Minister with the caption “Pakistan Zindabad” on Facebook. The Court remarked that merely praising another country without speaking against India does not amount to sedition as it does not encourage rebellion, violence, or separatist activities.Rejecting...
Teachers In Himachal Cannot Claim Parity Of Pay With Punjab Teachers Merely Because HP Follows Punjab Pay Commission: HP High Court
The Himachal Pradesh High Court dismissed a petition filed by the Himachal Pradesh Polytechnic Teachers Welfare Association and others, seeking parity in pay scales with their counterparts in Punjab, holding that the State of Himachal Pradesh is not bound to follow the pay pattern of the State of Punjab in its entirety, even though it follows the Punjab Pay Commission.The Court remarked that...
Legal Representatives Of Deceased Judgement Debtor Who Was Proceeded Against Ex Parte Can Be Brought On Record: HP High Court
The Himachal Pradesh High Court has held that in execution proceedings, if a judgment debtor was proceeded against ex parte and subsequently died, his legal representatives must still be brought on record.Rejecting the contention of the plaintiff, Justice Ajay Mohan Goel remarked that: “Simply because, the only judgment-debtor was proceeded against ex- parte, this does not gives any right...
Welfare State Must Be Impartial, Cannot Be "Touchy" When Employees Approach Court For Rightful Claim: HP High Court
The Himachal Pradesh High Court has extended the retirement age of a government college professor, and held that a welfare State is expected to act fairly and without bias, and can't penalise an employee merely because she approached the Court for enforcement of her lawful rights.Noting the conduct of college Justice Sandeep Sharma remarked that: “State being 'welfare State' is expected to...
Punishment Involving Loss Of Service Benefits Can Be Imposed Only Upon Proof Of Misconduct: HP High Court
The Himachal Pradesh High Court has held that disciplinary punishment involving civil consequences, such as forfeiture of service benefits, must be based on clear proof of misconduct or dereliction of duty.Justice Satyen Vaidya remarked that: “The petitioner could be visited with civil and evil consequences of punishment only on proof of any misconduct or dereliction of duty on his part,...
CCS Rules | Once Employee's Study Leave Is Sanctioned, State Can't Reduce Salary Based On Subsequent Amendment: HP High Court
The Himachal Pradesh High Court has held that once an employee was given study leave for pursuing a three-year LLB Degree course, he became entitled to full leave salary in terms of the unamended Central Civil Services (Leave) Rules.The Court clarified that the subsequent amendment, which reduced the leave salary to 40% could not be applied retrospectively to a leave that had already...
Employee Cannot Seek Promotion Merely Based On Eligibility, When Dept Promotion Committee Was Not Convened Before His Retirement: HP High Court
The Himachal Pradesh High Court held that an employee cannot claim promotion merely on the ground that he was found eligible, where the Departmental Promotion Committee was convened only after his retirement.The Court further stated that there is no vested right to promotion after superannuation in the absence of any mala fide delay on the part of the competent authority.Rejecting the...
NDPS Act | Non-Production Of Seal Used To Secure Recovered Contraband Does Not Vitiate NDPS Trial: HP High Court
The Himachal Pradesh High Court has held that a prosecution case under the Narcotic Drugs and Psychotropic Substances Act cannot be rejected merely because the seal used for sealing the recovered contraband was not produced before the Trial Court.Rejecting the contention of the accused, Justice Rakesh Kainthla remarked that: “There is unchallenged and trustworthy evidence that the case...