Excise Evasion Prosecution Cannot Rest Solely On Departmental Proceedings: Himachal Pradesh High Court

The Himachal Pradesh High Court on 7 July held that criminal prosecution for alleged evasion of central excise duty cannot continue merely on the basis of departmental proceedings, show cause notices or penalty orders, unless independent evidence establishes the alleged evasion. Justice Rakesh Kainthla dismissed the revision petition filed by the Excise Department and upheld the trial court's order discharging Seamx Industries and its directors from the criminal case alleging evasion of central...

Himachal Pradesh High Court Refuses Interim Relief In SML Patent Infringement Suit Over Territorial Jurisdiction

The Himachal Pradesh High Court has recently refused interim relief to agricultural inputs company SML Limited in its patent infringement suit against Happy Agro Chemicals and others over the agricultural micronutrient product "SELZIC". The court held that the company failed to establish a prima facie case on territorial jurisdiction.Justice Sandeep Sharma held that the issue of territorial jurisdiction had to be decided before examining the allegations of patent infringement.SML holds an Indian...

Liquor Licensee Can't Avoid Licence Fee By Citing Business Losses, Natural Calamities: Himachal Pradesh HC

The Himachal Pradesh High Court has held that a liquor licence holder cannot back out of its obligation to pay the licence fee after voluntarily participating in an auction and accepting the licence terms, merely because the business later became commercially unviable. The court ruled that business losses, natural calamities or lower liquor prices in a neighbouring State do not dilute the contractual obligations arising from the licence A Division Bench of Justices Vivek Singh Thakur and...

Himachal Pradesh Water Cess Revived? PSPCL Says Yes; High Court Stays Coercive Action On ₹16.32 Crore Demand

The Punjab State Power Corporation Limited (PSPCL) has approached the Himachal Pradesh High Court, challenging the constitutional validity of the Himachal Pradesh Land Revenue (Amendment) Ordinance, 2025, the Himachal Pradesh Land Revenue (Special Assessment) Amendment Rules, 2025, and consequential actions, including a demand of ₹16.324 crore raised on the Corporation.Justice Vivek Singh Thakur and Justice Ranjan Sharma on Tuesday, while issuing notice to the State and other respondents,...

Himachal Pradesh High Court Vacates Injunction Against Safex Chemicals In Patent Dispute

The Himachal Pradesh High Court has vacated an interim injunction restraining Safex Chemicals Private Limited in a patent infringement suit after finding, prima facie, that there existed no cause of action or wrong against the company within Himachal Pradesh to invoke the court's territorial jurisdiction. A division bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi passed the order on June 4. The bench allowed Safex's appeal against a June 6, 2025 order of a Single Judge...

Himachal Pradesh High Court Orders Arbitrator To Complete NHAI Land Compensation Case By 4 December 2026

On 3 June, the Himachal Pradesh High Court held that when a statute requires an authority or arbitrator to perform an act within a prescribed time, the obligation lies on that authority to comply with the statutory timeline and complete the task accordingly. A Single Bench of Justice Romesh Verma, while hearing Mohan Singh (deceased) through legal representatives v. National Highways Authority of India and others, directed the Divisional Commissioner-cum-Arbitrator, Shimla, to conclude the...

Consent Under Section 29A(3) Can Be Inferred From Conduct Of Parties: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that Section 29A(3) of the Arbitration and Conciliation Act, 1996 does not require parties to give written consent for extending the time limit to make an arbitral award. Consent may be inferred from the conduct of the parties. A Bench of Justice Virender Singh allowed the appeals filed by landowners Meenakshi and Chaman Lal, set aside the District Judge's order annulling the arbitral award, and remanded the matter for consideration of the Section 34...

Himachal Pradesh HC Directs Mahindra To Restore DMS Access Of Ex- Authorised Service Centre Pending Arbitration

The Himachal Pradesh High Court has granted interim relief to Naveen Auto Store Sole Proprietary, a Mahindra-authorised service centre operator, and directed Mahindra & Mahindra Ltd. to restore the dealer management system (DMS) access of its workshop. The Court held that the petitioner had made out a prima facie case for interim protection pending arbitration proceedings. Justice Romesh Verma observed, “The petitioner has been able to demonstrate on record that huge investment including...

“Every Day's Delay” Rule Not Pedantic, Bureaucratic Delay May Be Condoned: Himachal Pradesh High Court

The Himachal Pradesh High Court on 22 May held that Courts must adopt a common-sense approach while considering delay condonation applications filed by government authorities under Section 34 of the Arbitration and Conciliation Act, 1996, and that bureaucratic decision-making processes may constitute sufficient cause where the explanation is bona fide. A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi allowed the appeal filed by the State of...

Himachal Pradesh HC Quashes GST Show Cause Notice, Says Department Bound By Unchallenged Advance Ruling

The High Court of Himachal Pradesh has quashed a GST show cause notice issued to Amit Engineers after finding that the notice was issued despite an earlier Advance Ruling that had attained finality between the parties. A bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma observed: “in view of the finality attached to the Advance Ruling between the parties, the show cause notice dated 14.02.2025 (Annexure P-6) was without foundation. In view of the finality of the advance ruling...

Himachal Pradesh HC Quashes Cheque Bounce Case Against Society Signatory, Directs Society Impleadment

The Himachal Pradesh High Court has held that an authorised signatory of a society cannot be prosecuted under Section 138 of the Negotiable Instruments Act for dishonour of a cheque issued from the society's account unless the society itself is arraigned as an accused. Justice Sandeep Sharma quashed a complaint filed by Kuldeep Singh against Parveen Rajput, holding that a complaint against an authorised signatory alone is not maintainable when a cheque is issued on behalf of a society that has...

'Security Cheque' Not Statutorily Defined, Not Exempt From Cheque Bounce Proceedings: Himachal Pradesh HC

The Himachal Pradesh High Court has refused to quash cheque dishonour proceedings at the threshold in a case where the accused claimed the dishonoured cheque had been issued only as security. Justice Sandeep Sharma said a cheque described as a “security cheque” is not automatically excluded from cheque dishonour proceedings. “Needless to say, expression “Security Cheque” is not a statutorily defined expression in the Negotiable Instruments Act, rather same is to be inferred from the pleadings...