Does the IBC Moratorium Under Section 14(1) or 101 Apply to Stay Cheque Dishonour (Section 138 NI Act) Proceedings Against Directors? — Himachal Pradesh High Court Upholds Existing Precedent

IBC moratorium provisions do not bar continuation of Section 138 NI Act proceedings against natural persons (directors/guarantors); protection extends only

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November 2, 2025 | High Court of Himachal Pradesh

Does Payment to One Partner Discharge Liability Under Section 138 NI Act When Cheque Issued to Another? Clarification on Rebuttal of Presumptions and Payment by/To Partners in Criminal Appeals Against Acquittal

The Himachal Pradesh High Court clarified that, on facts, payment to one partner can discharge the accused’s liability under Section

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November 2, 2025 | High Court of Himachal Pradesh

Does Moratorium under Sections 14 and 101 of IBC Stay Section 138 NI Act Proceedings Against Directors and Guarantors?—Precedent Upheld

Clarifies that the moratorium under IBC stays criminal proceedings under Section 138 NI Act only against the corporate debtor and

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November 2, 2025 | High Court of Himachal Pradesh

Does Payment to One Partner Constitute Discharge of Liability Under Section 138 NI Act When Cheque Is Issued to Another Partner? — Reaffirmation of Existing Legal Principles on Rebuttal of Presumption in Cheque Dishonour Cases

The Himachal Pradesh High Court reaffirmed that in cases under Section 138 of the Negotiable Instruments Act, payment made to

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November 2, 2025 | High Court of Himachal Pradesh

Can an Objection of Non-Joinder of Necessary Parties Be Raised at the Stage of Final Arguments? — Reaffirmation of Waiver Under Order 1 Rule 13 CPC

The Himachal Pradesh High Court reiterated that objections regarding non-joinder or mis-joinder of parties must be raised at the earliest

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November 2, 2025 | High Court of Himachal Pradesh

Does a Delay of Over a Decade in Seeking Compassionate Appointment Bar Relief When Application Is Rejected Strictly on Limitation?

The Himachal Pradesh High Court reiterates that departmental rules prescribing a limitation period for making applications for compassionate appointment are

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November 2, 2025 | High Court of Himachal Pradesh

Does Disbursement of Arrears after Retrospective Regularization Render Relief Sought in Service Matters Infructuous?

The High Court reaffirmed that where authorities have retrospectively regularized service and released all monetary arrears, the writ petition seeking

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November 2, 2025 | High Court of Himachal Pradesh

Does Failure to Challenge Evidence Closure and Lack of Justification Bar Restoration of Opportunity to Lead Evidence in Domestic Violence Appeals?

Appellate courts cannot restore the right to lead evidence when a party neither challenges the original closure order nor provides

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November 2, 2025 | High Court of Himachal Pradesh

No New Law Created; Reaffirms Judicial Discretion—Practical Authority for Settlement-Based Withdrawals

The court confirms that when a petitioner submits a formal statement and communication expressing their intention to withdraw a writ

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November 2, 2025 | High Court of Himachal Pradesh

Does Compliance With Government Pay Scale Notifications in Execution Petitions Render Claims Infructuous?

The Himachal Pradesh High Court holds that when all notional and financial benefits, including regularization and pay fixation, are granted

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November 2, 2025 | High Court of Himachal Pradesh

Can Compliance in Execution Petitions Be Recognized Where Subsequent Notification-based Benefits Have Been Conferred?

The High Court of Himachal Pradesh held that where authorities have conferred notional and financial benefits and regularized services in

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November 2, 2025 | High Court of Himachal Pradesh

Does Withdrawal of a Writ Petition Preclude Re-presentation on the Same Grounds? – Affirmation of Judicial Approach to Liberty for Fresh Filing

The Himachal Pradesh High Court upholds the practice of permitting withdrawal of writ petitions with liberty to file afresh, maintaining

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November 2, 2025 | High Court of Himachal Pradesh