[S. 153(B) IPC] Praying For Departed Militant Does Not Amount To Instigating Community To Protest: Himachal Pradesh High Court

The Himachal Pradesh High Court has determined that offering prayers for a deceased militant does not amount to instigating members of the community to protest, thereby not attracting penal provisions under Section 153(B) of the Indian Penal Code (IPC).Quashing an FIR against a student for offences under Sections 153(B) of Indian Penal Code a bench of Justice Sandeep Sharma observed,...

Constitutional Courts Cannot Impose Timeline On Speaker To Accept Or Decline Resignations Of MLAs: Himachal Pradesh High Court

The Himachal Pradesh High Court held recently that courts cannot impose a specific timeframe on the Speaker of the Legislative Assembly to decide on the resignations submitted by Members of the Legislative Assembly (MLAs).“…no timeframe can be fixed by the Constitutional Court for the Speaker to decide the issue of resignation tendered by members of the Legislative Assembly/Vidhan Sabha,...

Himachal Pradesh High Court Weekly Round-Up May 27 - June 3, 2024

Nominal Index:Hoshyar Singh Chambyal and others Vs Hon'ble Speaker, H.P. Legislative Assembly and others 2024 LiveLaw (HP) 23M/s Vardhman Ispat Udyog Vs Kamlesh Saklani 2024 LiveLaw (HP) 24Abhimanyu Rathor vs The Registrar General, HP High Court and Others 2024 LiveLaw (HP) 25Hygienic Research Institute Private Limited vs. H.P. State Biodiversity Board and others 2024 LiveLaw (HP) 26Hari Singh...

[NHA Act] Section 3G(5) Petition Not Decided Within Prescribed Period Doesn't Preclude Landowner To Seek Enhanced Compensation: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Justice Jyotsna Rewal Dua held that landowner cannot be left high and dry for no fault of his. It held that the mere fact that his petition under Section 3G(5) of the National Highways Act was not decided by the Statutory Authority within the prescribed/extended period should not foreclose his right to seek enhancement in compensation. The...

'Much More Needs To Be Done': Himachal Pradesh High Court Asks Govt To Control Forest Fires, Minimise Damage To Ecology And Property

The Himachal Pradesh High Court has directed the state government to intensify efforts to prevent and control forest fires, emphasising the need to minimise damage to forest ecology and property.The court directed,“Respondents are expected to take all possible measures to ensure that forest fire are prevented and if not prevented at least controlled and damage to the forest ecology or...

Indian Registered Companies Exempt From Benefit Sharing Under Biodiversity Act: HP High Court Stays ₹5 Crore Demand Notices On Ayurvedic Company

The Himachal Pradesh High Court has ruled that an Indian registered company does not require prior approval from the National Biodiversity Authority (NBA) to access biological resources for commercial use.A bench comprising Chief Justice M.S Ramachandra Rao and Justice Satyen Vaidya also stayed a demand notice of Rs. 5 crore issued by the Himachal Pradesh State Biodiversity Board (HPSBB) to...

Himachal Pradesh High Court Seeks Fresh Status Report On Regional Development Plans In Shimla, Kullu And Kangra

The Himachal Pradesh High Court has directed the state government to file a fresh status report on the preparation of regional development plans for Shimla, Kullu, and Kangra districts. This order comes in a Public Interest Litigation (PIL) filed by Kusum Bali highlighting rampant irregular constructions across the state.The PIL had raised concerns about unplanned constructions,...

Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court 

The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Therefore, it held that a writ petition against the Bar Association office bearers in their personal capacity is not...

Himachal Pradesh High Court Orders Review Of Punishments For Errant Substandard Drug Manufacturers To Enhance Deterrent Effect

Taking a strong stance against the manufacturing of substandard drugs within the state the Himachal Pradesh High Court has directed the state government to establish a mechanism to review the punishments imposed on drug manufacturers found guilty of producing low-quality medications.This directive comes amid a Public Interest Litigation (PIL) filed by the Court itself (suo motu) regarding...

Why Are HP Prison Manual, 2021 Norms Not Being Complied With? Himachal Pradesh High Court Asks State Govt

The Himachal Pradesh High Court, in a significant move to address the dire conditions in state prisons, has ordered the government to explain the non-compliance with the mandated staffing norms outlined in the H.P. Prison Manual, 2021.This order came while hearing a Suo motu Public Interest Litigation (PIL) concerning the welfare and conditions of prisoners.During the proceedings of the matter...

HP High Court Convicts HPSEBL Law Officer For Contempt, Sentences Him To Civil Imprisonment Till Rising Of Court

The Himachal Pradesh High Court on Thursday convicted a Law Officer of the Himachal Pradesh State Electricity Board (HPSEBL) for contempt of court. The officer, Kamlesh Saklani, was sentenced to civil imprisonment till the rising of the Court and a fine of Rs.2,000/- for willfully disobeying the Court's orders.While convicting him for contempt Justice Tarlok Singh Chauhan observed,“This is...

Himachal Pradesh High Court Weekly Roundup: May 6 - May 12, 2024

Nominal Index:The State of H.P. & another vs Prakash Chand 2024 LiveLaw (HP) 19State of Himachal Pradesh & Anr vs M/s Asphalt Carpet Constructions Co 2024 LiveLaw (HP) 20State of H.P. & another vs M/s Jagson International Ltd 2024 LiveLaw (HP) 21Hari Ram and others. Vs National Highways Authority of India 2024 LiveLaw (HP) 22Hoshyar Singh Chambyal and others Vs Hon'ble Speaker,...