Civil Court Can Direct Police Assistance To Enforce Injunction Order Under Section 151 CPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a civil court can, in exercise of its inherent powers under Section 151 CPC, direct the police authorities to assist in the implementation of an injunction order. The Court observed that the availability of a remedy under Order 39 Rule 2A CPC does not bar a party from seeking police assistance for effective enforcement of an injunction.Justice Romesh Verma remarked that: “Merely for the reason that the petitioner has an alternative remedy under Order...

Existing Hotels, Guest Houses Nearby Cannot Justify Commercial Land Use In Restricted Area: Himachal Pradesh High Court

The Himachal Pradesh High Court observed that the mere existence of hotels, guest houses and homestays in the vicinity of a plot could not justify permitting a Change of Land Use (CLU) in a designated Restricted Area. The Court held that the discretionary power under sub-regulation (vi) of General Regulation 18.1.2 had to be exercised on the basis of public interest or other material and justifiable considerations. In the absence of such reasons, allowing commercial use merely by relying on...

Enhanced Gratuity For Consumer Federation Employees Operates Only From Statutory Amendment Date: HP High Court

The Himachal Pradesh High Court has held that employees of the Himachal Pradesh State Co-operative Marketing and Consumers Federation Limited (HIMFED) who retired before March 29, 2018 are not entitled to the enhanced gratuity ceiling of ₹20 lakh. The Court observed that since the Payment of Gratuity Act, 1972 was amended with effect from March 29, 2018, employees who had superannuated...

Cheque Bounce Complaint Filed Before Deemed Service & Expiry Of 15-Day Payment Period Is Premature: HP High Court

The Himachal Pradesh High Court has held that a complaint under Section 138 of the Negotiable Instruments Act, 1881filed before the drawer is deemed to have received the statutory notice and before expiry of the prescribed 15-day payment period is premature. The Court observed that such a complaint cannot confer jurisdiction upon the Magistrate to take cognizance of the offence.Justice...

School Merger Can't Be Called Arbitrary When Students Have Easy Access To Nearby School: Himachal Pradesh High Court

The Himachal Pradesh High Court has upheld the Government's decision to merge Government Middle School, Sandyar, Bilaspur, with Government Senior Secondary School, Chhat, observing that the decision could not be termed arbitrary when the students had easy access to the nearby school. The Court noted that the students had been shifted to a school located just 1.5 kilometres away by road and...

Executing Court Cannot Revisit Issues Already Settled By Final Decree: HP High Court Dismisses Challenge To Execution Of 99-Year Lease

The Himachal Pradesh High Court has held that an executing court cannot re-consider or re-decide issues that have already been adjudicated by the trial and appellate courts and have attained finality. The Court observed that the jurisdiction of an executing court is confined to matters concerning the execution, discharge or satisfaction of the decree, and dismissed a challenge against...

'Penetration To Any Extent' Sufficient For Aggravated POCSO Assault: Himachal Pradesh High Court Upholds 20-Year Sentence

The Himachal Pradesh High Court has held that “penetration to any extent” is sufficient to constitute penetrative sexual assault under Section 3 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), even in the absence of physical injuries on the child. The Court made the observation while dismissing an appeal filed by Shyam Veer against his conviction under Section 6...

Courts Cannot Reassess Interview Marks Or Comparative Merit Absent Proven Mala Fides Or Bias: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that judicial reassessment of comparative merit, including marks awarded in an interview by a duly constituted Selection Committee, is impermissible in the absence of mala fides, bias or violation of statutory rules or the applicable policy. The Court observed that merely because an unsuccessful candidate was awarded fewer interview...

Easementary Right By Prescription Can't Be Claimed Without Specifically Pleading & Identifying Pathway: Himachal Pradesh High Court

The Himachal Pradesh High Court has dismissed a claim seeking recognition of a prescriptive right of way, holding that an easementary right by prescription cannot be established unless the alleged passage is specifically pleaded and clearly identified. The Court noted that the plaintiff had failed to sufficiently establish the pathway through the defendants' land, with the pleadings and...

Vehicle Without Valid Permit, Fitness Certificate Breaches Insurance Policy: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a transport vehicle being operated without a valid permit and fitness certificate amounts to a violation of the terms and conditions of the insurance policy. The Court accordingly held that the insurer could not be fastened with the ultimate liability for compensation, while applying the “pay and recover” principle to direct the Insurance...

Fresh Direct Appointment Confers No Promotional Increment Or Past-Service Benefits Absent Statutory Entitlement: HP High Court

The Himachal Pradesh High Court has held that past service rendered on a lower post cannot be counted towards service on a higher post for claiming service benefits unless the applicable Recruitment and Promotion Rules expressly permit such counting. The Court made the observation while dismissing a plea by a former Dai seeking to club her service as Dai with her subsequent service as...

HP High Court Directs DGP To Issue Guidelines On Proving Age Of Child Victims, Cites Repeated Investigative Lapses

The Himachal Pradesh High Court has directed the Director General of Police, Himachal Pradesh, to circulate Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 along with necessary guidelines to all Investigating Officers, after observing that prosecution cases have failed due to lapses in collecting evidence relating to the age of child victims.A Division Bench...