Almost 2 Yrs Passed, Not A Single Witness Was Examined: HP High Court Grants Bail to NDPS Accused, Cites Violation Of Fundamental Rights

The Himachal Pradesh High Court, on Tuesday (June 3), granted bail to an individual accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing an undue delay in initiating the trial proceedings.The bench of Justice Rakesh Kainthla observed that the petitioner has remained in custody for one year and nine months. It was further observed that during this period, the...

Notice U/S 148 Of Income Tax Act Can't Be Issued Without Giving Proper Reasons: Himachal Pradesh High Court

Himachal Pradesh High Court held that a notice under Section 148 of Income Tax 1961 for initiation of reassessment proceedings, can't be issued by the assessing officer without giving proper reasons.“Section 148 enables the Assessing Officer to initiate reassessment proceedings where income chargeable to tax is believed to have escaped assessment”. Justice Tarlok Singh Chauhan &...

Himachal Pradesh High Court Reduces Sentence U/S 138 NI Act To 'Till Rising Of Court' On Full Payment Of Cheque Amount

Himachal Pradesh High Court Reduces Sentence to 'Till Rising of the Court' Under Section 138 of the Negotiable Instruments Act, Holding That While the Act Prescribes No Minimum Punishment, Sentence May Be Reduced Where the Accused Has Deposited the Entire Default Amount.Justice Virender Singh: “Considering the fact that under the Negotiable Instruments Act, no minimum punishment has...

CCS Pension Rules | Withdrawal Of Premature Retirement Notice Permissible Before Effective Date: Himachal Pradesh High Court

Himachal Pradesh High Court ruled that under Rule 43(6) of the Central Civil Services (Pension) Rules, 1972, an employee may withdraw a notice of premature retirement before it becomes effective, subject to the specific approval of the competent authority and upon giving valid reasons.“Rule 43(6) of the CCS (Pension) Rules, 1972, specifies that a government servant who has opted for...

Proper Verification Of Vote Counting Procedure Essential In Elections: Himachal Pradesh High Court

Himachal Pradesh High Court held that when questions arise regarding the proper conduct of vote counting procedures, it is essential to examine the relevant records to determine whether counting was conducted in accordance with the applicable rules.Justice Ajay Mohan Goel: “it would have been appropriate for the Authorised Officer to have had scrutinized the entire record to ascertain as...

Himachal Pradesh High Court: Magistrate Can Direct Further Investigation U/S Section 173(8) Crpc Even After Taking Cognizance

Himachal Pradesh High Court held that when the court finds that a proper investigation has not been conducted, the Magistrate can exercise the power under Section 173(8) of the CrPC suo motu to direct the police to conduct further investigation, even after taking cognizance of the case.Justice Sushil Kukreja: “Even after taking cognizance, power under Section 173 (8) Cr. P. C. can be...

Candidature Can't Be Denied For Trivial Mistakes In Online Recruitment Form: Himachal Pradesh High Court

Himachal Pradesh High Court held that bona fide and trivial errors in a recruitment application, such as inadvertent category selection, should not lead to cancellation of candidature, and candidates must be given an opportunity to rectify such mistakes.Justice Jyotsna Rewal Dua: “It was case of an inadvertent error, a bonafide error, which was committed probably at the end of the Cyber...

Courts Must Apply Principle Of Proportionality While Imposing Sentence Under NPDS Act: Himachal Pradesh High Court

Himachal Pradesh High Court held that, while imposing a sentence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, trial courts must adhere to the principle of proportionality and should not deviate from the quantity-based sentencing framework prescribed by the Central Government.Justice Rakesh Kainthla: “The learned Trial Court held that the impact of heroin is severe...

No Vicarious Liability U/S 34 of Drugs & Cosmetics Act Without Proof of Responsibility for Company's Affairs: Himachal Pradesh High Court

The Himachal Pradesh High Court held that vicarious liability for the supply of sub-standard quality drugs under Section 34 of the Drugs and Cosmetics Act, 1940, can't be established unless it is specifically proved that the person was directly in charge of, and responsible for, the conduct of the company's affairs.Justice Rakesh Kainthla: “The complainant needs to aver in the complaint...

More Than 4 Years Without Trial, Himachal Pradesh High Court Grants Bail To Murder Accused

Himachal Pradesh High Court granted bail to a woman who had been in judicial custody for over four years without the conclusion of her trial. The Court held that keeping the applicant in custody serves no meaningful purpose, especially when the chances of the trial getting concluded in the near future are very less.Justice Virender Singh: “It stated that Considering the fact that the...

No Equity In Taxation Law: Himachal Pradesh High Court On Tax Liability Of Auction Purchaser

Himachal Pradesh High Court held that an auction Purchaser is liable to pay the outstanding taxes on vehicles acquired through auction. It stated that there is no equity in taxation law and equity would only come into play in case there is no law operating in the field.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “It is more than settled that there is no equity in taxation law...

SC Collegium Recommends Appointment Of New Chief Justices In Five High Courts

The Supreme Court Collegium has recommended the appointment of Justice Sanjeev Sachdeva, Judge of the MP High Court ( parent HC : Delhi High Court), as the Chief Justice of the Madhya Pradesh High Court.Justice Vibhu Bakhru, Delhi High Court Judge, has been recommended as the Chief Justice of the Karnataka High Court.Also, Justice Ashutosh Kumar of Patna High Court has been recommended as...