In significant judgments rendered by Hon’ble Justice Sandeep Sharma, the intricacies of constitutional and property rights were brought to the forefront, highlighting the enduring struggle between individual rights and state obligations. This case, steeped in legal complexities, revolves around the unauthorized utilization of an individual’s land by the state for constructing a road without the payment of any compensation to the landowner. The petitioner, feeling aggrieved by the state’s actions, approached the Court under Article 226 of the Constitution of India, seeking redressal and compensation for the unauthorized utilization of his land. This blog post aims to dissect the legal nuances of this case, exploring the arguments presented, the legal principles invoked, and the final judgment rendered by the Court. The case serves as a poignant reminder of the sanctity of property rights and the paramount importance of upholding constitutional provisions and human rights in the face of state actions.
Continue reading “Land Utilized by the State for Road Construction: High Court Upholds Right to Just Compensation”Author: lawumbrella
Advocate Deven Khanna, an alumnus of the esteemed National Law School, is currently engaged in legal practice at the High Court of Himachal Pradesh and the Supreme Court of India. His practice primarily focuses on areas such as Civil liberties, Constitutional law, Writs, Labour and Service matters, Public Interest Litigations, and Bail matters.
His academic contributions include articles in national journals, judging moot courts, and presentations at various legal conferences. He is committed to advancing legal education.
For inquiries, he can be contacted at khannadeven@gmail.com or on mobile at 7018469792.
Himachal Pradesh High Court: Land Rights and State Accountability
In a recent judgment, the Himachal Pradesh High Court, speaking through M.S. Ramachandra Rao, Hon’ble the Chief Justice, addressed the contentious issues of land rights, state accountability, and the constitutional protection of property.
The case revolved around the utilization of a petitioner’s land by the State without his consent and due compensation. The court’s decision sheds light on the intricate balance between the public interest and individual rights.
Continue reading “Himachal Pradesh High Court: Land Rights and State Accountability”High Court of Himachal Pradesh Quashes Review DPC Decision, Directs Fresh Consideration on Promotion
Shimla, September 5, 2023 – The High Court of Himachal Pradesh at Shimla, under the aegis of Justice Satyen Vaidya, set aside the decision of the Review Departmental Promotion Committee (DPC) concerning the promotion of a clerk in the Police Department.
Continue reading “High Court of Himachal Pradesh Quashes Review DPC Decision, Directs Fresh Consideration on Promotion”High Court of Himachal Pradesh Grants Bail to Accused in POCSO Case
Shimla, Decided on September 5, 2023 – In a significant ruling, the High Court of Himachal Pradesh at Shimla, presided over by Justice Satyen Vaidya, granted bail to two petitioners, Yog Raj and Farman, who were accused under Section 376 IPC and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act.
Continue reading “High Court of Himachal Pradesh Grants Bail to Accused in POCSO Case”Can amendments in the law undo the effects of a judgment?
Himachal Disaster – Balancing Immediate Action with Sustainable Solutions
The situation calls for attention in the aftermath of continuous heavy rains and landslides that have resulted in the loss of more than 300 lives during the monsoon season in Himachal Pradesh. The persistent downpours have led to rising groundwater levels, causing the soil beneath human settlements to become saturated and prone to mudslides. Experts have expressed concerns that this could potentially trigger more landslides.
According to official data from the state government, Himachal Pradesh has witnessed 180 landslides and flash floods. The significant increase in rainfall, recorded at 157 percent above the average, stands as the primary driver behind these calamities. The Himalayan terrain, characterized by its soil composition and vegetation, has struggled to absorb excessive rainfall, leading to heightened instances of landslides and soil erosion.
The crisis stems from the following primary causes:
Continue reading “Himachal Disaster – Balancing Immediate Action with Sustainable Solutions”Bail or Jail; High Court of Tripura Grapples With Drug Menace
The Article first appeared on April 29, 2019
Tripura, a small 10,039 sq km state, is encircled on three sides by Bangladesh and is three hours by train from its capital Dhaka and main port city Chittagong. An increase in drug/substance abuse has been noted in this small state. It is seen that hard drugs are being smuggled into the state from Bangladesh and Burma. Indian made cough syrup is peddled in Bangladesh while the Burmese Ya ba tablets come to Tripura.
Continue reading “Bail or Jail; High Court of Tripura Grapples With Drug Menace”HP High Court Orders Video Conferencing For Recording Evidence
Much before the current pandemic situation, the courts were making orders for video-conferencing for recording evidences in special circumstances.
Continue reading “HP High Court Orders Video Conferencing For Recording Evidence”Marriage Between a Male And a Trans-woman is a Valid Marriage
There are times when one feels proud to be a part of the legal profession. One such moment has come due to a recent judgment passed by a bench of the Madras High Court. The judgement was authored by J. G.R Swaminathan.
Continue reading “Marriage Between a Male And a Trans-woman is a Valid Marriage”CAA and NRC – A Dissent on Grounds of Equality and Fraternity
(The Article was first published on December 22, 2019)
In the past few days, there has been unrest in the country over two actions of the parliament i.e firstly, due to introduction of a law called Citizen Amendment Act (CAA), which deals with granting of citizenship to refugees, and secondly, due to the declaration that India will soon have a register of citizens (NRC) where all citizens will have to prove their citizenship with documentary evidence.
Continue reading “CAA and NRC – A Dissent on Grounds of Equality and Fraternity”Academic Merit of the candidate must also reckon the services rendered for the Common Good
In view of ensuring ‘Right to Health’, adequate medical facilities and an adequate number of doctors in the rural areas, an important order has been passed by the Patna High Court in the current circumstances of a ‘Pandemic’. The Order is in line with judiciaries endeavor to fulfill its obligation towards securing social justice for the poor and especially for the people living in rural parts of our country.
Continue reading “Academic Merit of the candidate must also reckon the services rendered for the Common Good”Saving Gudiya: Laws, Rights of Victim, Role of Government, Judiciary, and Society
In the countless cases of rape and sexual assault that we encounter as lawyers, victims often find themselves grappling with confusion and uncertainty. They’re unsure of what to do, what to expect, and the rationale behind each step in both the pre-trial and trial stages. This lack of legal orientation and guidance breeds immense anxiety, leaving victims vulnerable to exploitation as they seek even the most basic legal information. Essential rights—such as timely access to an FIR, support during testimony, compensation, and free medical treatment—are frequently withheld, compounding the trauma they’ve already endured.
Continue reading “Saving Gudiya: Laws, Rights of Victim, Role of Government, Judiciary, and Society”
LawUmbrella 