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Himachal Pradesh High Court | Widow of Freedom Fighter Entitled to Pension Under 1980 Scheme | Liberal Approach Required, Hyper-Technical Rejection Set Aside

Himachal Pradesh High Court | Widow of Freedom Fighter Entitled to Pension Under 1980 Scheme | Liberal Approach Required, Hyper-Technical Rejection Set Aside

Sanchayita Lahkar   The High Court of Himachal Pradesh Division Bench of Chief Justice G.S. Sandhawalia, and Justice Ranjan Sharma dismissed two appeals challenging a judgment that had directed grant of financial assistance to the widow of a freedom fighter. The Bench held that the widow was entitled to pension under both the Central and State Schemes and directed that arrears be released within a stipulated period. The Court furth...

Himachal Pradesh High Court | Pre-Institution Mediation Under Section 12A of Commercial Courts Act Is Mandatory | Exception Only for Genuine Urgent Relief

Himachal Pradesh High Court | Pre-Institution Mediation Under Section 12A of Commercial Courts Act Is Mandatory | Exception Only for Genuine Urgent Relief

Safiya Malik   The High Court of Himachal Pradesh Single Bench of Justice Ajay Mohan Goel held that the plaint filed in the matter stood rejected under Order VII, Rule 11(d) of the Civil Procedure Code. The Court directed that as the suit was instituted without following the mandatory pre-institution mediation procedure prescribed under Section 12A of the Commercial Courts Act, 2015, it could not be maintained. It was further recor...

Himachal Pradesh High Court | Divisional Commissioner Becomes Functus Officio After Passing Remand Order | Cannot Reopen and Rehear Same Appeal Without Review or Higher Court’s Direction

Himachal Pradesh High Court | Divisional Commissioner Becomes Functus Officio After Passing Remand Order | Cannot Reopen and Rehear Same Appeal Without Review or Higher Court’s Direction

Safiya Malik   The High Court of Himachal Pradesh Single Bench of Justice Ajay Mohan Goel, on 25 August 2025, quashed the order dated 13 August 2025 passed by the Divisional Commissioner, Shimla, and directed the Deputy Commissioner, Shimla, to decide the matter in terms of the remand order previously issued. The Court held that once an appeal has been allowed and remanded, the Divisional Commissioner becomes functus officio and ha...

Himachal Pradesh High Court | No Liability Under Section 33 Forest Act Without Reserved Forest Notification | FIRs Maintainable Only for Encroachment Above 10 Bighas

Himachal Pradesh High Court | No Liability Under Section 33 Forest Act Without Reserved Forest Notification | FIRs Maintainable Only for Encroachment Above 10 Bighas

Isabella Mariam   The High Court of Himachal Pradesh Single Bench of Justice Rakesh Kainthla held that no notice of accusation could have been issued against the accused in relation to alleged encroachment upon forest land. The Court concluded that there was no infirmity in the order passed by the Judicial Magistrate First Class, Mandi, who had earlier discharged the accused. The High Court dismissed the State’s criminal revi...

Himachal Pradesh High Court | Continuous 20-Year Service Secures Regularisation Under 2014 Policy | State Censured with ₹50K Costs for Repeatedly Denying Claim

Himachal Pradesh High Court | Continuous 20-Year Service Secures Regularisation Under 2014 Policy | State Censured with ₹50K Costs for Repeatedly Denying Claim

Isabella Mariam   The High Court of Himachal Pradesh Single Bench of Justice Sandeep Sharma quashed the rejection of a Class-IV employee’s claim for regularisation of services and directed the respondents to grant regularisation with effect from 2013. The Court ordered that the employee’s services be regularised in accordance with the policy dated 28.06.2014 within a period of four weeks. Additionally, the Court imposed...

HP High Court | Faculty Entitled to Extension up to 68 Years | Welfare State Must Act Impartially, Not Be “Touchy” When Employees Assert Rights

HP High Court | Faculty Entitled to Extension up to 68 Years | Welfare State Must Act Impartially, Not Be “Touchy” When Employees Assert Rights

Safiya Malik   The High Court of Himachal Pradesh Single Bench of Justice Sandeep Sharma has quashed government notifications dated 17.2.2022, 28.2.2022, and 6.3.2025 that had ordered the retirement of a senior professor. The Court directed the State authorities to consider the petitioner’s case for extension in service up to the age of 68 years in terms of existing policy decisions and as had been granted to other similarly...

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