This edition of the Himachal Law Journal consolidates the principal Himachal Pradesh High Court precedents and national legal developments tracked after the 18 October 2026 edition. The six selected Himachal Pradesh High Court decisions address maternity rights, criminal appellate remedies, proof of a child victim’s age, disability and litigation capacity, school sanitation, and the subsequent Supreme Court treatment of a Full Bench ruling on preliminary issues.
Selected Himachal Pradesh High Court decisions
1. Commissioning mother entitled to maternity leave under the existing CCS leave framework
Dr. Juhi Manhas v. State of H.P. & Ors., CWP No. 14883 of 2025, 2026:HHC:32083, decided 3 August 2026. Bench: Ajay Mohan Goel, J. — HPLD-0072.
A Himachal Pradesh government servant who became a commissioning mother through surrogacy was held entitled to maternity leave under Rule 43(1) of the CCS (Leave) Rules, 1972. The Court applied the binding Division Bench ruling in Sushma Devi and rejected the contention that the right depended on a separate State adoption of the later DoPT amendment expressly referring to surrogacy.
Headnote: Service law — Maternity leave — Commissioning mother — Surrogacy — CCS (Leave) Rules — Equality. A commissioning mother cannot be denied maternity leave where binding precedent has already recognised the right; a later clarificatory amendment is not a precondition to enforcement.
Original H.P. High Court judgment.
2. First conviction entered by appellate Sessions Court is challengeable in revision, not by a second statutory appeal
Rangi Lal & Anr. v. State of H.P., Criminal Appeal No. 57 of 2012, decided 11 September 2026. Bench: Vivek Singh Thakur and Bhupesh Sharma, JJ. — HPLD-0070.
In a reference arising from an appeal filed against a conviction recorded for the first time by the Sessions Court while reversing a Magistrate’s acquittal, the Division Bench applied the Supreme Court’s ruling in Vishnu Gupta. It answered the reference by holding that a further statutory appeal is not maintainable under Section 374 CrPC or Section 415 BNSS; the available remedy is revision. The Court referred to the Supreme Court’s direction that such revisions receive careful scrutiny, while remaining subject to the statutory limits of revisional jurisdiction. The underlying appeal was directed to be listed before the appropriate Bench; this was a reference order, not a final determination of guilt.
Headnote: Criminal procedure — Reversal of acquittal — First conviction by Sessions Court — Revision — Section 374 CrPC — Section 415 BNSS. Reference answered — Revision, rather than a second appeal, is the statutory remedy; the underlying criminal matter remained pending.
H.P. High Court order PDF; full text of reference order.
3. Additional appellate evidence permitted to establish child victim’s age from existing school records
Kulwinder Singh v. State of H.P., Cr.MP No. 3368 of 2026 in Criminal Appeal (C-DB) No. 43 of 2026, 2026:HHC:39173, decided 15 September 2026. Bench: Vivek Singh Thakur and Bhupesh Sharma, JJ. — HPLD-0071.
The prosecution had failed to formally prove available school and matriculation records bearing on the victim’s age, although age was already in issue. The Division Bench permitted limited additional evidence under Section 432 BNSS because it was necessary for a just decision, did not introduce a new prosecution case and preserved the accused’s right of cross-examination. The DGP was also directed to issue statewide guidance on collecting statutory age-proof material.
Headnote: Criminal procedure — POCSO/child protection — Proof of age — Section 94 JJ Act — Section 432 BNSS — Additional evidence. Appellate evidence may cure a genuine evidentiary omission where the material already exists, is essential to justice and the defence retains a full opportunity to test it.
4. Deafness and inability to speak do not by themselves establish incapacity requiring a guardian
Neel Chand v. Divisional Commissioner, Mandi & Ors., CWP No. 13174 of 2026, 2026:HHC:32437, decided 4 August 2026. Bench: Jyotsna Rewal Dua, J. — HPLD-0073.
In partition proceedings, the petitioner argued that a deaf and non-speaking party required a guardian under Order XXXII Rule 3 CPC. The Court held that sensory disability is not synonymous with unsoundness of mind or inability to protect one’s property interests. The safeguard depends on proof of mental infirmity affecting litigation capacity; the record instead showed personal service, signatures and no timely objection.
Headnote: Disability rights — Revenue proceedings — Litigation capacity — Order XXXII CPC — Guardian. Courts must not equate hearing or speech disability with mental incapacity; protective representation requires evidence that the person cannot safeguard the relevant legal interest.
Original H.P. High Court judgment.
5. School merger upheld, but State directed to provide gender-segregated sanitation and comply with menstrual-hygiene safeguards
Anil Kumar v. State of Himachal Pradesh & Ors., CWP No. 2768 of 2026, 2026:HHC:43843, decided 5 October 2026. Bench: Ajay Mohan Goel and Yogesh Jaswal, JJ. — HPLD-0075.
The Division Bench declined to invalidate the merger of a girls’ senior secondary school into a nearby co-educational institution merely on asserted safety concerns, noting the proposed consolidation of infrastructure and staff. It nevertheless imposed concrete sanitation safeguards, including separate toilet provision for girl and boy students and staff, and required compliance with the Supreme Court’s menstrual-hygiene directions in Dr. Jaya Thakur.
Headnote: Education law — School merger — Girls’ safety — Sanitation — Menstrual hygiene — Article 21. Administrative consolidation of schools remains reviewable for legality and rationality, while the State bears affirmative duties to provide dignified, gender-sensitive sanitation infrastructure.
6. Full Bench rule on preliminary issues remains important but has been partly disapproved by the Supreme Court
Prithvi Raj Jhingta & Anr. v. Gopal Singh & Anr., CMPMO No. 40 of 2006, AIR 2007 HP 11; 2006 SCC OnLine HP 25, decided 7 September 2006. Bench: V.K. Gupta, C.J., Deepak Gupta and Surjit Singh, JJ. (Full Bench) — HPLD-0074.
The Full Bench held that once mixed issues of law and fact have proceeded through a composite trial and evidence has been led on all issues, Order XIV Rule 2 CPC does not permit the court to later sever a legal issue for standalone determination; the judgment should address all issues. Its broader formulation restricting Rule 2(2) merely because all issues had earlier been framed was subsequently disapproved by the Supreme Court in John Mathew v. Santha Paul, 2026 INSC 1020. The post-commencement principle, however, was approved.
Headnote: Civil procedure — Order XIV Rule 2 CPC — Preliminary issue — Composite trial — Subsequent treatment. The precedent must now be read subject to John Mathew: commencement and progress of the composite trial matter, but prior framing of all issues is not by itself an absolute bar to Rule 2(2).
Original H.P. High Court judgment.
Related Articles
Himachal Law Journal: Seniority, Arbitration, Pensions and Public Law — 18 October 2026
Himachal Law Journal: Service Rights, Criminal Justice and Environment — 11 October 2026
Himachal Law Journal: Succession, Service Law, Arbitration and SARFAESI — 4 October 2026
Prepared by the LawUmbrella Legal Research Desk. This digest is for legal information and research. Interim, procedural and supervisory orders should not be read as final merits adjudications. Original court judgments and orders are linked wherever reliably available; where a court-hosted copy could not be verified, the entry is not represented as carrying an original judgment link. Readers should consult the complete judgment or order before relying on any proposition in litigation or advice.
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