A Dive into Ex Parte Decree Nuances: Legal Insights from Shakuntla Devi’s Court Battle

The story begins with Dhani Chand, a man bound in matrimony to Kushla Devi. As often happens in the complex tapestry of human relationships, their union unraveled, leading Dhani Chand to seek solace in the arms of the law. He filed a petition for the dissolution of marriage, a plea to untie the nuptial knot that had bound him to Kushla. The case, registered as HMP No. 54-P/III/2004, was a silent cry for release from the vows once cherished.

However, fate played its cruel hand when the summons, the heralds of this legal battle, failed to find Kushla. Lost in the labyrinth of administrative procedures, the notices sought Kushla at an incorrect address. Unaware and unreachable, Kushla remained oblivious to the legal storm brewing in the courts of Dharamshala.

The court, following the rhythm of law rather than the melody of human nuances, proceeded ex parte. Dhani Chand’s plea was heard in the absence of Kushla, and the decree of divorce was granted, severing the bonds that once promised eternal companionship.

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High Court of Himachal Pradesh Orders Stringent Implementation of Solid Waste Management Laws

Shimla, Himachal Pradesh: In a significant development in the ongoing environmental case of Suleman vs. Union of India 2369 of 2018, the Himachal Pradesh High Court, presided over by Justice Tarlok Singh Chauhan, has taken a decisive step towards addressing the persistent issue of garbage and solid waste management in the state.

In the latest hearing on November 16, 2023, the court expressed concern over the lack of progress due to the disjointed efforts of various stakeholders. In an unprecedented move, the Chief Secretary to the Government of Himachal Pradesh, Mr. Prabodh Saxena, was summoned for a personal appearance. Accompanied by other high-ranking officials, Mr. Saxena assured the court of the state’s commitment to developing a clear roadmap for implementing environmental laws.

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Can Contractual Employees once regularized, be entitled to the same benefits as their regularly employed counterparts? – The case of HRTC employees (2023)

In a pivotal judgment by the Himachal Pradesh High Court in Vikram Singh vs. State, CWPOA No. 2343 of 2020, Justice Bipin Chander Negi tackled the significant issue of regularization of contractual employees in the Himachal Road Transport Corporation (HRTC). This saga began with the HRTC’s inclusion of ‘contractual recruitment’ in 2003, a move that led to the hiring of 153 drivers under fixed-term contracts. The heart of the dispute lay in the inconsistent regularization of these drivers, some after 6 years of service, compared to others regularized merely after a year. The case presents a detailed examination of the equitable treatment of contractual employees in government services, addressing the nuances of employment law.

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The Right to Fair Compensation invoked in a case of land acquisition by the State

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.

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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:

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Transfer of Judges – A Tool to Undermine the Institution of Justice

The article was first published 3 years ago on February 27, 2020 at https://himachalwatcher.com/2020/02/27/transfer-of-judges-a-tool-to-undermine-the-institution-of-justice/

Justice S. Murlidhar of the Delhi High Court, who was hearing a petition on the Delhi Riots, sharply condemned both the government and police on Wednesday. His scathing remarks questioned the workings of the police. Following it, orders for his immediate transfer came late at night the same day to the Punjab and Haryana High Court.

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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.

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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.

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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.

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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.

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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.

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