Director Of Govt Dept Ineligible To Act As Arbitrator In Dispute Between Dept & Other Party Due To Bar U/S 12(5) Of A&C Act: HP High Court

The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Sushil Kukreja has held that the statutory bar under subsection (5) of Section 12 of the Arbitration Act applies squarely, as the Director, Department of Digital Technologies and Governance, cannot be considered an independent and impartial arbitrator due to his potential role as a consultant or advisor...

HPPCL Engineer's 'Mysterious' Death | Himachal Pradesh HC Transfers Case To CBI As DGP Raises Concerns Over SIT Probe

Finding it to be an 'exceptional' situation, the Himachal Pradesh High Court on Friday transferred the probe into the 'mysterious' death of Himachal Pradesh Power Corporation Limited (HPPCL) chief engineer Vimal Negi to the Central Bureau of Investigation (CBI). A bench of Justice Ajay Mohan Goel passed this order while allowing a petition filed by Negi's wife seeking the transfer of...

Allegation Of Rape Based On False Promise To Marry And Repeated Postponement Of Marriage - Can't Ground For Rape, Himachal Pradesh High Court

Himachal Pradesh High Court held that in the absence of a clear allegation of refusal to marry, charges of rape under Section 376 of the Indian Penal Code can't be framed. The Court remarked that when parties are in a long-term relationship of five years, it becomes difficult to determine that their sexual relationship was based solely on a promise to marry.Justice Rakesh Kainthla: “There...

Punishment Of Compulsory Retirement For Repeated Disobedience And Non-Adherence To Orders, Justifiable; Himachal Pradesh High Court

Himachal Pradesh High Court upheld the order of compulsory retirement of a professor at a government university, stating that repeated disobedience of orders from superiors can't be taken lightly, as it promotes indiscipline and disorder.Justice Satyen Vaidya: “The repeated insubordination by the non-adherence to the orders of superiors, cannot be brushed aside lightly for it will...

Separate Orders Must Be Passed For Cancellation Of Bail Bond And Imposition Of Penalty: Himachal Pradesh High Court

Himachal Pradesh High Court held that Courts must pass separate orders for the cancellation of a bail bond and the imposition of penalty under Section 446 of Criminal Procedure Code, ensuring that the affected person is given a fair opportunity to present their case before any penalty is imposed.Justice Virender Singh: “In the considered opinion of this Court, separate orders were required...

Issuance Of Show Cause Notice U/s 74 Of CGST Act Does Not Imply Violation Of Natural Justice: Himachal Pradesh High Court

Section 74: Determination of tax not paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts.Himachal Pradesh High Court held that when a show cause notice is issued under Section 74 Of the Central Goods and Services Tax Act, the matter is still at a preliminary stage, and objections can't be raised on...

Benefit Of Probation Of Offenders Act Can't Be Granted For Offence Of Criminal Breach Of Trust: Himachal Pradesh High Court

Himachal Pradesh High Court held that the benefit of the Probation of Offenders Act should not be granted to a person convicted of criminal breach of trust, as doing so would encourage people to misappropriate the property of other persons and the trust upon which a civil society is based would be affected.Justice Rakesh Kainthla: “Granting the benefit of the Probation of Offenders Act to...

Bail Under Section 37 Of NDPS Act Can't Be Granted Based On Assumptions: Himachal Pradesh High Court

The Himachal Pradesh High Court rejected a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS Act”), by an accused arrested for an offence under Section 27A of Narcotic Drugs and Psychotropic Substances Act (“NDPS Act”).Section 27 A of the NDPS Act deals with the punishment for harbouring offenders and financing Illicit traffic. This...

'Unnatural Sex' With Wife A Punishable Offence, Marital Rape Exception Doesn't Apply To S. 377 IPC: Himachal Pradesh High Court

Himachal Pradesh High Court categorically disagreed with the Uttarakhand High Court's July 2024 judgment, which held that a husband cannot be prosecuted for unnatural sex with his wife under Section 377 of the IPC.

Insurance Company Liable To Indemnify Driver If Premium For Accident Coverage Has Been Paid: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed an appeal by United India Insurance Co. Ltd., holding that although the 'Act only policy' in motor vehicle insurance covers only third-party damages and injuries but if the Insurance Company is charging premium for personal accident coverage of the driver, it is liable to indemnify the driver.Justice Satyen Vaidya: “Since the insurer has charged...

Winding Up Petitions Under Companies Act Not At Irreversible Stage, Should Be Transferred To NCLT For Revival Under IBC: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Sushil Kukreja has held that unless the corporate debtor's demise is inevitable or the winding-up proceedings under the Companies Act have reached an irreversible stage making revival impossible, every effort must be made to revive the company. Accordingly, all such winding-up petitions should be transferred...

Benefits Once Promised By State, Can't Be Denied Due To Procedural Delays: Himachal Pradesh High Court

The Himachal Pradesh High Court directed the State to grant the benefits laid down in Himachal Pradesh Industrial Investment Policy, 2019. The Court held that once the State has notified a policy, the benefits related to it cannot be denied merely because the concerned department failed to issue a formal notification to implement it.Justice Tarlok Singh Chauhan and Justice Sushil Kukreja ...