Punjab & Haryana High Court Weekly Round-Up: December 08 - December 14, 2025

Update: 2025-12-18 11:15 GMT
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Nominal IndexDr. Janvi v. State of Punjab 2025 LiveLaw (PH) 471kamlesh Rani v. Sanjeev 2025 LiveLaw (PH) 472 GURSEWAK SINGH v. STATE OF PUNJAB AND OTHERS 2025 LiveLaw (PH) 473GURMEJ SINGH v. UNION OF INDIA AND ANOTHER 2025 LiveLaw (PH) 474Daljit Singh Grewal alias Bhola and others v. State of Punjab and others 2025 LiveLaw (PH) 475Gurcharan Dass and others v. State of Haryana and others...

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Nominal Index

Dr. Janvi v. State of Punjab 2025 LiveLaw (PH) 471

kamlesh Rani v. Sanjeev 2025 LiveLaw (PH) 472

 GURSEWAK SINGH v. STATE OF PUNJAB AND OTHERS 2025 LiveLaw (PH) 473

GURMEJ SINGH v. UNION OF INDIA AND ANOTHER 2025 LiveLaw (PH) 474

Daljit Singh Grewal alias Bhola and others v. State of Punjab and others  2025 LiveLaw (PH) 475

Gurcharan Dass and others v. State of Haryana and others 2025 LiveLaw (PH) 476

Rajesh Kumar Giri and others v. Union of India and others 2025 LiveLaw (PH) 477

MMTC LTD. v. STATEOF HARYANAANDORS. 2025 LiveLaw (PH) 478

STATE BANK OF INDIA v. SUB REGISTRAR, SUB TEHSIL NIGHDU KARNAL AND OTHERS 2025 LiveLaw (PH) 479

KRISHNA DEVI v. STATE OF HARYANA AND ORS 2025 LiveLaw (PH) 480

Akash Walia v. State of Haryana and another 2025 LiveLaw (PH) 481

Mohd. Arif and others v. State of Haryana and another 2025 LiveLaw (PH) 482

Reports

Punjab & Haryana High Court Upholds One-Year Service Requirement For PCMS Doctors Seeking PG Admission

Title: Dr. Janvi v. State of Punjab

Citation: 2025 LiveLaw (PH) 471

The Punjab & Haryana High Court has dismissed a writ petition challenging the Punjab Government's circular, which mandates that Punjab Civil Medical Services (PCMS) doctors must complete at least one year of service before being permitted to pursue postgraduate (PG) medical courses under the non-incentive category.

Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said, "Though we find substance in the contention of the petitioner that ultimate oblect is to equip the department with better doctors but] considerations like rendering service to the department for some period cannot be said to be wholly without an purpose or irrational. It otherwise remains in the realm of policy of the State to require a minimum length of service and as we find that such policy cannot be termed to be irrational, we would not be justified in interfering with it only because a different view could be taken in the matter."

Punjab & Haryana High Court Imposes ₹2 Lakh Cost On Tenant Over Almost Two-Year Delay In Vacating Premises

Title: kamlesh Rani v. Sanjeev

Citation: 2025 LiveLaw (PH) 472

The Punjab & Haryana High Court has imposed exemplary costs of ₹2,00,000 on a tenant for wilful and deliberate disobedience of its earlier order directing him to hand over vacant possession of the disputed property to the landlord by 30 April 2023.

Despite having furnished a categorical undertaking before the Court, the tenant vacated the premises only on 5 September 2025, nearly two years after the deadline.

Zila Parishad Polls | P&H High Court Declines To Interfere With Refusal To Verify Candidate's NOC; Says Challenge Barred Under Article 243-O

Title: GURSEWAK SINGH v. STATE OF PUNJAB AND OTHERS

Citation: 2025 LiveLaw (PH) 473

The Punjab & Haryana High Court has declined to interfere in a writ petition filed by a candidate for the Zila Parishad and Panchayat Samiti elections in Punjab, challenging the Halka Patwari's refusal to verify the No Objection Certificate (NOC) required for filing his nomination.

Article 243-O of the Constitution bars courts from interfering in Panchayat (local village government) elections and electoral processes, meaning disputes about delimitation (constituency drawing) or the results themselves must follow specific election petitions to designated authorities, not High Courts or the Supreme Court directly, safeguarding the autonomy of grassroots democracy.

UAPA| Punjab & Haryana High Court Dismisses Bail In Terror Funding Case Involving Cross-Border Syndicate

Title: GURMEJ SINGH v. UNION OF INDIA AND ANOTHER

 Citation: 2025 LiveLaw (PH) 474

The Punjab & Haryana High Court has dismissed two appeals filed by accused persons challenging the rejection of their second bail applications, in a major narco-terror case involving cross-border smuggling of heroin, weapons, explosives and alleged terror-funding linked with Pakistan-based handlers, including designated terrorist Lakhbir Singh Rode.

A bench of Justice Gurvinder Singh Gill and Justice Ramesh Kumari said, "Facts of this case it reveals that money received from sale of narcotic substance smuggled from across the border is used for terror funding and the accused-appellants are actively involved in India for terror funding at the behest of their masters who are working from across the border i.e. in Pakistan. The consignments of arms and ammunition, currency notes and narcotic substances i.e. Heroine is delivered from across the border."

2015 Sacrilege Incident | P&H High Court Refuses To Quash FIR Against Ex-MLA, Says Bar U/S 195 CrPC Only Arises At Cognisance Stage

Title: Daljit Singh Grewal alias Bhola and others v. State of Punjab and others

Citation: 2025 LiveLaw (PH) 475

The Punjab & Haryana High Court has declined to quash 2015 FIR, registered against former MLA Simarjeet Singh Bains and others, arising out of a protest related to the 2015 Bargari sacrilege incident.

Section 195 CrPC prevents courts from taking cognizance for specific offenses, primarily those against public justice (like perjury, forgery in court) or contempt of lawful authority (like obstructing public servants), unless a complaint is filed by the public servant or court involved, to prevent frivolous private prosecutions and maintain judicial integrity.

Financial Constraints No Grounds To Deny Medical Reimbursement To Retd Employees: Punjab & Haryana High Court

Title: Gurcharan Dass and others v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 476

The Punjab & Haryana High Court has held that the Haryana Police Housing Corporation cannot deny medical reimbursement to its retired employees on the ground of financial constraints, quashing two orders that had denied the benefit to former staff members. The Court reiterated that once medical reimbursement is part of the service conditions, retired employees cannot be placed in a disadvantaged class vis-à-vis serving employees.

'Right To Housing Is Fundamental Right': P&H High Court Sets Aside Rejection Of Jhuggi Dwellers' Claims Under Small Flats Scheme

Title: Rajesh Kumar Giri and others v. Union of India and others

Citation: 2025 LiveLaw (PH) 477

The Punjab & Haryana High Court has quashed an order of the Chandigarh Housing Board (CHB) rejecting the claims of a group of jhuggi dwellers for allotment of flats under the Chandigarh Small Flats Scheme, 2006, holding that the decision was taken in violation of the principles of natural justice.

Justice Anupinder Singh Grewal and Justice Mandeep Pannu said, "It is manifest that the claim of the petitioners, who are jhuggi dwellers, was under consideration for allotment of flat under the 2006 Scheme but the same has been rejected without issuance of any notice or granting an opportunity of hearing to them. It is trite that the right to housing is a fundamental right under Article 21 of the Constitution of India and the petitioners being jhuggi dwellers have every right to be considered for allotment of a flat under the 2006 Scheme."

P&H High Court Allows PSU's Claim For RD Sale Deduction, Says Benefit Cannot Be Denied Based On Stolen But Genuine ST-15 Forms

Title: MMTC LTD. v. STATEOF HARYANAANDORS.

Citation: 2025 LiveLaw (PH) 478

In a significant relief to a Government of India Public Sector Undertaking (PSU), the Punjab & Haryana High Court has set aside orders passed by the Assessing Authority and the Haryana Tax Tribunal disallowing Recurring Deposit sale deduction on the basis that the ST-15 forms furnished by purchasing dealers were stolen or not backed by renewed registration.

A bench of Justice Jagmohan Bansal and Justice Amarinder Singh Grewal noted, "It is undisputed that forms were genuine though stolen. Had forms been forged or fabricated, the situation could be different. The petitioner had no source to verify genuineness of the certificates. Even otherwise it was not responsibility of the petitioner, as per statutory provisions, to verify genuineness of certificates. The petitioner was not party to theft. If petitioner is denied benefit of aforesaid forms, it would be punishment to petitioner without its fault."

SARFAESI Act | Secured Creditors To Get Priority After Enactment Of S.26E: Punjab & Haryana High Court

Title: STATE BANK OF INDIA v. SUB REGISTRAR, SUB TEHSIL NIGHDU KARNAL AND OTHERS

Citation: 2025 LiveLaw (PH) 479

Observing that post-notification of Section 26E of the SARFAESI Act on 24.01.2020, debts due to secured creditors must be accorded statutory priority over all other dues, the Punjab & Haryana High Court has clarified that in all cases where the charge was created after the said date, secured creditors will rank above State revenue claims.

The Court noted that numerous litigations are pending on this issue and expressly reaffirmed the legal position before parting with the judgment.

Punjab & Haryana High Court Orders Regularisation Of Sewer Helper, Says Withdrawal Of Policy Cannot Defeat Accrued Rights

Title: KRISHNA DEVI v. STATE OF HARYANA AND ORS

Citation: 2025 LiveLaw (PH) 480

The Punjab and Haryana High Court has directed the Haryana Government to regularise the services of a woman Sewer Helper who had been engaged on daily-wage basis since 1997, holding that her right under the 2003–2004 Regularisation Policies had crystallised long before the State withdrew those schemes.

Observing that "This Court cannot remain impervious to the prolonged hardship, indignity, and uncertainty endured by this vulnerable segment of the workforce. Though no measure can truly compensate for the years lost, justice demands at least a meaningful redress", it directed the authorities to confer regular status within one month, along with all consequential benefits and arrears with 6% interest.

Bail Granted By Magistrate Related To Accused Vitiated By Bias-in-Law: Punjab & Haryana High Court Cancels Order But Gives Interim Relief

Title: Akash Walia v. State of Haryana and another

Citation: 2025 LiveLaw (PH) 481

The Punjab & Haryana High Court has quashed a Judicial Magistrate's order granting regular bail to an accused in an intimidation case after finding that the Magistrate and the accused were related—though distantly—holding that such consanguinity created a “real likelihood of bias” sufficient to vitiate the order.

Justice Sumeet Goel, said "A fact that cannot be lost sight of is that a Judge/Magistrate may possess remote or highly attenuated collateral consanguinity with a litigant, the existence of which may remain genuinely unknown to the concerned Judge/Magistrate. Notwithstanding this bona fide ignorance, the threshold for evaluating the potential existence of perception of biasness/prejudice is the objective standard of the reasonably informed and prudent person."

P&H High Court Refuses To Quash Cruelty FIR, Says Allegations Against Mother-In-Law Who Died 23 Yrs Ago Appear To Be Typographical Error

Title: Mohd. Arif and others v. State of Haryana and another

Citation: 2025 LiveLaw (PH) 482

The Punjab & Haryana High Court has dismissed a plea seeking quashing of a cruelty FIR observing that the alleged reference to a deceased mother-in-law in the complaint appeared to be a typographical error and could not, by itself, justify quashing of criminal proceedings.

In FIR it was alleged that the mother in law of the complainant who had already passed away 23 years ago used to harass her for dowry.

Other Developments

Haryana Govt's Withdrawal Of Clerk's Increment Prima Facie Violates Undertaking Before Larger Bench: P&H High Court Issues Contempt Notice

Title: Chander Pal v. Renu S Phullia and another

The Punjab & Haryana High Court has held that the Haryana Government's action in withdrawing an increment earlier granted to an employee of the Women and Child Development Department prima facie violates an undertaking recorded before a Larger Bench of the Court regarding the applicability of the State Eligibility Test in Computer Appreciation and Applications (SETC).

The Court has issued notice of accusation under Sections 10 and 12 of the Contempt of Courts Act, 1971 and directed Respondent No. 1 to appear in person on 28.04.2026.

National Lok Adalat At Punjab & Haryana High Court Disposes Of 303 Cases, Awards Over ₹13.36 Crore

As part of the nationwide initiative of the National Legal Services Authority (NALSA), a National Lok Adalat was organised today at the Punjab and Haryana High Court, in coordination with the High Court Legal Services Committee (HCLSC).

The Lok Adalat was held under the overall supervision of Chief Justice Sheel Nagu, Patron-in-Chief of the High Court Legal Services Committee, and Justice Anupinder Singh Grewal, Chairman, High Court Legal Services Committee.

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