'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 ...

Cannot Be Compelled To Work Against His Own Wish: Himachal Pradesh High Court Directs University To Issue NOC To Professor Seeking New Job.

The Himachal Pradesh High Court directed Indira Gandhi Medical College (IGMC), Shimla, to issue a No Objection Certificate (NOC) to a professor who had received a job offer from another institution. Justice Sandeep Sharma: bonds executed by doctors, after their having done MBBS, medical courses, etc., to serve the State are binding and can be enforced, but since petitioner...

Higher Pension Cannot Be Granted Based On Duties Performed Temporarily: Himachal Pradesh High Court

Himachal Pradesh High Court held that pension benefits are to be granted based on the substantive post held by an employee, and not on temporary work assigned at a higher post for a brief period before retirement. Justice Ajay Mohan Goel : It may lead to a situation wherein any person on the verge of superannuation can be ordered or otherwise called upon to perform the duties of a...

MNREGA Workers are Not Employees Under Employees' Compensation Act: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a petition, holding that in cases involving the death of worker employed under the Mahatma Gandhi National Rural Employment Guarantee Act (“MNREGA”), 2005, compensation cannot be claimed under Employees' Compensation Act. The court determined that such workers do not fall under the definition of “employee” under Section 2(dd) of the...

Insurance Company Not Liable To Indemnify Gratuitous Passenger In Goods Vehicle: Himachal Pradesh High Court

Himachal Pradesh High court held than an insurance company is not liable to provide compensation for injuries sustained by a gratuitous passenger/ porter in a goods vehicle under Section 147 of the Motor Vehicles Act, 1988.Justice Satyen Vaidya held: The term “any person” used in Section 147 of the Motor Vehicles Act, relates only to a third party and a passenger in goods carriage vehicle...

Himachal Pradesh High Court Rejects Plea For Extra UPSC Attempt Due To COVID-19 Impact

The Himachal Pradesh High Court dismissed a writ petition seeking an additional attempt in the UPSC Civil Services Examination on the grounds that the petitioner's final attempt was adversely affected by the COVID-19 pandemic.Justice Ajay Mohan Goel held: “it is no excuse that because he could not prepare efficiently on account of COVID-19 pandemic, he deserves one more chance.”...

Person Having Disability Of More Than 40% Can't Be Transferred To Tribal/Hard Areas: Himachal Pradesh High Court

Himachal Pradesh High Court stayed the transfer order of a visually impaired government employee to a hard area who has disability of more than 40%. ("hard/tribal areas" refer to regions that are geographically remote, have challenging terrains and have limited access to resources). Justice Sandeep Sharma held: Himachal Pradesh government's transfer policy for employees with 40% or...

Re-Entry Of Tenant After Construction, Is Conditional And Depends On Mutual Agreement Between Parties: Himachal Pradesh High Court

Himachal Pradesh High Court decided a 10-year-long tenancy dispute, holding that re-entry of a tenant into the premises after being evicted by the landlord for construction purposes, is conditional and depends on mutual agreement between the parties.Justice Vivek Singh Thakur held : Section 14(3)(c) of the Act allows a landlord to seek eviction of a tenant from the premises, if he proves...

Section 31 Of Domestic Violence Act Only Applies To Breach Of Protection Orders, Not Others Such As Maintenance Or Residence Orders: Himachal Pradesh High Court

The Himachal Pradesh High Court (“High Court”) bench of Justice Rakesh Kainthla, held that Section 31 of the Domestic Violence Act only deals with penalty for breach of protection orders (to protect women from acts of violence) and not with other orders such as maintenance (to provide financial support), compensation (for compensation of injuries) or residence (for providing...