Divisional Commissioner Does Not Have The Power To Review An Already Decided Appeal: HP High Court

The Himachal Pradesh High Court has held that the Divisional Commissioner has no jurisdiction to reopen and rehear an appeal once it has been finally decided.Justice Ajay Mohan Goel remarked that: “There is no power vested in the Divisional Commissioner to suo moto again revive an appeal which has been decided by it earlier in exercise of its quasi-judicial power.”The petitioner, aggrieved by a notification regarding delimitation of constituencies under the H.P. Panchayati Raj (Election) Rules,...

POCSO Act | Accused Cannot Be Denied Bail Merely Because Victims Were Traumatised: Himachal Pradesh High Court

The Himachal Pradesh High Court has granted bail to four accused in a case under the Protection of Children from Sexual Offences Act, 2012, holding that bail cannot be denied merely on the ground that the victims would be traumatised.Noting the submission of the State, Justice Rakesh Kainthla remarked that: “There is a force in the submission made on behalf of the respondent/State that...

Himachal Pradesh High Court Grants Bail To NDPS Accused In Commercial Quantity Case Over Non-Supply Of Grounds Of Arrest

The Himachal Pradesh High Court granted interim bail in a commercial quantity NDPS case, holding that the grounds of arrest were not supplied to the accused.Justice Rakesh Kainthla held that: “Prima facie, the plea taken by the accused that the grounds of arrest were not communicated to him appears to be correct and is supported by the memo of arrest. No contrary document was filed by the...

Minor Girl's Claim Of Being 18+ Or Aadhar Showing Her As Major Doesn't Help Case Of Accused Booked Under POCSO Act: HP High Court

The Himachal Pradesh High Court recently observed that a minor girl's representation of herself as being above 18 years of age or an Aadhar card entry showing her as a major cannot help an accused facing charges under the POCSO Act. A bench of Justice Rakesh Kainthla thus rejected an accused's regular bail plea, who is facing charges of offences under Sections 363 and 376 of the IPC...

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...