Reign of Justice
Two Himachal Pradesh High Court decisions carry a direct message for service and criminal practice: probation does not permit punishment without fair procedure, and prolonged pre-trial detention cannot become a substitute for trial. These are the two decisions most relevant to practitioners from the present selection.
Continue reading “Himachal Law Journal: Probationer Termination and Speedy-Trial Bail”
The Himachal Pradesh High Court’s latest judgments address the limits of State control over university appointments, the rights of workers retained for decades on temporary terms, and recruitment conditions introduced through departmental clarifications. Here are the six decisions most relevant to practitioners and public authorities.
The Himachal Pradesh High Court has invalidated key provisions governing the appointment of Vice-Chancellors to the State’s two agricultural universities. The Court held that the State could not redesign the selection process in a manner inconsistent with the UGC Regulations, 2018, and clarified that the Governor, when acting as Chancellor, performs an independent statutory function.
In a significant Himachal Pradesh High Court seniority judgment, the Court examined when a provisional seniority list becomes final in operation. The dispute brought a procession of objections, representations, review petitions, appeals and promotions made while everyone was still arguing about who should have been promoted first.
Continue reading “When “Provisional” Became Final: Himachal High Court Restores Direct Recruits’ Seniority”An employee may be posted on paper at a tribal or difficult station but actually work at a more convenient location. Until now, an incomplete service record could allow the employee to continue receiving the administrative benefit of the hard-area posting. The Himachal Pradesh High Court has directed the State to close that gap.
Continue reading “Posted in a Hard Area, Working in Shimla: Himachal High Court Closes the Record-Keeping Gap”Public-interest litigation relaxes the traditional rules of standing, but it also places an unusually high burden of candour on the person invoking it. In Ajay Bhaik v. State of Himachal Pradesh, the Himachal Pradesh High Court found that this burden had not been met—and forfeited the petitioner’s deposit of ₹2 lakh.
Continue reading “When a PIL Conceals a Private Contest: Himachal High Court’s ₹2 Lakh Warning”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”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”
