In the judgment of Basti Ram and Another vs. State of Himachal Pradesh, CWP No. 966 of 2021, the High Court of Himachal Pradesh, presided over by Justice Ajay Mohan Goel, addressed an issue concerning the right to fair compensation for land acquisition. Decided on November 1, 2023, this case underscores the constitutional rights of property owners under Article 300A and the necessity of following due legal process in land acquisition.
Continue reading “The Right to Fair Compensation invoked in a case of land acquisition by the State”Category: High Court Case’s
Does A person have Construction Rights on a Jointly Owned Land Which Is Not Partitioned?
The legal case of Ghanshyam vs. Rishi Ram, presided over by Justice Sandeep Sharma, presents a scenario of a co-ownership dispute. Decided on November 2, 2023, this case delves into the intricacies of family partitions, the rights of co-owners, and the legitimacy of construction on jointly held land. This analysis aims to unravel the legal reasoning adopted by the court and the implications for co-ownership laws.
Detailed Analysis:
Continue reading “Does A person have Construction Rights on a Jointly Owned Land Which Is Not Partitioned?”Banwa Land Dispute: A Case Study of Property Rights, legitimacy of revenue records, and injunctions under CPC
The Banwa land dispute, adjudicated by Justice Sandeep Sharma of Himachal Pradesh High Court, offers a compelling insight into property rights and judicial processes in the State of H.P. The case, originating from a disagreement over land ownership in Village Banwa, Tehsil Arki, District Solan, progressed through various judicial phases, ultimately leading to a pivotal judgment. This report delves into the complexities of the case, unraveling the enduring impact of historical land records and the vital importance of timely legal action in land disputes. The plaintiffs’ failure to contest or correct the revenue records at crucial junctures significantly weakened their claim. This judgment cites precedents, explains the law of granting a temporary injunction, the scope of supervisory jurisdiction under Article 227 of the Constitution of India, and further reaffirms the legal tenet that mere possession or ancestral claims do not override well-documented and long-standing records unless adequately contested and legally rectified. Let’s dive right in!
Continue reading “Banwa Land Dispute: A Case Study of Property Rights, legitimacy of revenue records, and injunctions under CPC”A Scrutiny of Administrative Decisions: The Tale of Sub-Tehsil Bagshad versus Tattapani
Introduction:
In the intricate fabric of administrative law and governance, the creation of a Sub-Tehsil is primarily a matter of administrative convenience aimed at the efficient delivery of governmental services to the populace. However, when such administrative actions collide with public interest and perceived notions of fairness, they demand meticulous scrutiny. This article delves into a case where the creation of Sub-Tehsil Bagshad versus Tattapani in District Mandi raised complex questions about administrative decisions, public interest, and the scope of judicial review.
Continue reading “A Scrutiny of Administrative Decisions: The Tale of Sub-Tehsil Bagshad versus Tattapani”Balancing Professional Aspirations and State Requirements: The Recent Judgment on grant of NOC for Medical Fellowships
In the ever-evolving field of medicine, the pursuit of higher knowledge and specialization is a common aspiration for many medical professionals. However, this pursuit often finds itself at a crossroads with administrative decisions and state requirements. A recent judgment by Sandeep Sharma, J., brings this delicate balance to the forefront, as it delves into a case where a medical professional’s request for a No Objection Certificate (NOC) to pursue a post-doctor fellowship at AIIMS, Jodhpur, was rejected by the state, citing an acute shortage of Radiologists.
Continue reading “Balancing Professional Aspirations and State Requirements: The Recent Judgment on grant of NOC for Medical Fellowships”Land Utilized by the State for Road Construction: High Court Upholds Right to Just Compensation
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”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?
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