Himachal Pradesh High Court
HP Excise Act | Suspension Of License For Illegal Liquor Possession Can Be Lifted After Penalty Is Paid: High Court
The Himachal Pradesh High Court has held that under Section 66(2) of the Excise Act, if a licence is cancelled or suspended for breach of licence conditions or non-payment of fees, the suspension can later be revoked after the penalty has been paid.Division bench of Justice Vivek Singh Thakur and Justice Sushil Kukreja remarked that: “...in case of cancellation or suspension of licence under clauses (a), (b) or (c) of Section 29, such cancellation or suspension may be revoked or...
Not Filing Prescribed Affidavit As Per Conduct Of Election Rules Makes Election Petition Non-Maintainable: HP High Court
The Himachal Pradesh High Court held that an election petition filed with allegations of corrupt practice has to be accompanied by a mandatory affidavit in Form 25, as required under Rule 94-A of the Conduct of Election Rules, 1961.Justice Ajay Mohan Goel Held that:“...though in the election petition there are allegations of corrupt practice, yet the election petitioner has not filed the prescribed affidavit in Form-25 and, therefore, as there is a non-compliance of Rule 94-A of the 1961...
Active Progress Of Housing Project Within Permitted Time Is Sufficient Compliance Under Tenancy & Land Reform Act: HP High Court
The Himachal Pradesh High Court has held that when permission is granted under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, the law only requires the land to be put to use for the intended purpose within the prescribed time, and not for the entire project to be completed.The Court remarked that the “Legislature deliberately used the phrase “put to use” instead...
Delay In Deciding Appeal Against Suspension Of Elected Representatives Defeats Justice: HP High Court
The Himachal Pradesh High Court held that delays in deciding appeals against the suspension of elected representatives defeat the purpose of justice.The Court further observed that “a growing pattern of suspending elected Pradhans across different parts of the State towards the end of their tenure and noted it to be and raised concerns about it”Justice Ajay Mohan Goel remarked that “It...
Himachal Pradesh High Court Weekly Round-Up: October 5, 2025 To October 12, 2025
Nominal Index:United India Insurance Company Ltd. V/s Jamna Devi & others.,2025 LiveLaw (HP) 184Sudershan & others v/s Divisional Commissioner, Shimla & others., 2025 LiveLaw (HP) 185Sandeep Kumar V/s State of Himachal Pradesh., 2025 LiveLaw (HP) 186Prem Mohini Gupta v/s Sumitra (Deceased through LRs).,2025 LiveLaw (HP) 187Amar Kaur and other v/s Sh. Rishib Kumar., 2025 LiveLaw...
Identification Of Driver Beyond Reasonable Doubt Is Essential For Conviction In Road Accident Cases: HP High Court
The Himachal Pradesh High Court has held that conviction in a road accident case cannot be sustained unless the prosecution establishes beyond a reasonable doubt that the accused was the driver of the vehicle.Justice Rakesh Kainthla observed that: “Both the learned Courts below failed to appreciate that the identity of the accused and the car were not established”.In December 2024,...
Birth Of Daughter From Another Woman Proves Husband's Illicit Relationship; Wife Justified In Living Separately: HP High Court
The Himachal Pradesh High Court has held that the birth of a daughter from another woman clearly depicts that the husband had a relationship with her while still being married to his first wife. The Court held that this conduct compelled the wife to live separately, and therefore, she could not be accused of desertion.Justice Vivek Singh Thakur remarked that: “Birth of a daughter......
Strangers Can Be Proceeded Against For Breach Of Injunction Under Order 39 Rule 2A CPC: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the scope of Order 39 Rule 2-A of the Code of Civil Procedure,1908, which lays down consequences for disobeying an injunction or breaching the terms, is not confined to the parties in the suit. The provision applies to any person who has violated the order of the court.Justice Ajay Mohan Goel remarked that: "In case of disobedience or breach of...
Translated Versions Of Already Exhibited Documents Do Not Constitute Additional Evidence: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that translated versions of already exhibited documents are not additional evidence and the courts must prioritize justice over procedural technicalities.Justice Ajay Mohan Goel remarked that: “...by no stretch of imagination it was an application to lead additional evidence. Interest of justice would have been served had the learned Appellate...
Mere Agreement To Sell With Option To Lease Does Not End Landlord-Tenant Relationship: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that when an agreement to sell has the option to either sell or lease the property, the landlord tenant relationship continues to exist.The Court clarified that according to Section 54 of the Transfer of Property Act, 1882 “Agreement to Sell does not create any title in favour of the purchaser as it is only an Agreement to Sell but not sale or...
HP High Court Grants Bail To Man Accused Of Accidentally Shooting Another Person, Believing Him To Be A Wild Animal
The Himachal Pradesh High Court has granted bail to the prime co-accused in the accidental shooting of another person, believing him to be a wild animal, and reiterated that the same amounts to death caused by negligence under Section 106 of the Bhartiya Nyaya Sanhita and not the offence of murder under Section 103 BNS.Justice Rakesh Kainthla remarked that: “…they did not intend to cause...
Mere Payment Of Rent By Partnership Firm Does Not Confer Tenancy Rights: HP High Court
The Himachal Pradesh High Court has held that when the tenancy is in the name of an individual, mere payment of rent by a partnership firm does not confer tenancy rights in its favour unless there is a valid tenancy in the name of the firm.Justice Ajay Mohan Goel remarked that: “Maybe even if some payments were made by some partnership firm, this does not mean that the said partnership...