Nominal Index [Citations 125 - 134]Rakesh Das v. State of Haryana & Ors. 2024 LiveLaw (PH) 125Simran Kaur versus Union of India and others 2024 LiveLaw (PH) 126Pradeep Kumar v. State of Haryana 2024 LiveLaw (PH) 127Kaushal and Others v. Raj Kamal and others 2024 LiveLaw (PH) 128XXX v. XXX 2024 LiveLaw (PH) 129XXX v.XXX 2024 LiveLaw (PH) 130Naresh Kapoor v. State of Punjab and anr. ...
Nominal Index [Citations 125 - 134]
Rakesh Das v. State of Haryana & Ors. 2024 LiveLaw (PH) 125
Simran Kaur versus Union of India and others 2024 LiveLaw (PH) 126
Pradeep Kumar v. State of Haryana 2024 LiveLaw (PH) 127
Kaushal and Others v. Raj Kamal and others 2024 LiveLaw (PH) 128
XXX v. XXX 2024 LiveLaw (PH) 129
XXX v.XXX 2024 LiveLaw (PH) 130
Naresh Kapoor v. State of Punjab and anr. 2024 LiveLaw (PH) 131
M/s Shree Digvijaya Woollen Mills Ltd Verses Commissioner of Income-Tax 2024 LiveLaw (PH) 132
Saurabh Gupta & Ors v. State of Haryana & Ors. 2024 LiveLaw (PH) 133
SBI v. DM, Ludhiana & Ors. 2024 LiveLaw (PH) 134
Reports
Title: Rakesh Das v. State of Haryana & Ors.
Citation: 2024 LiveLaw (PH) 125
Observing that "there is no explicit guidelines governing the issue", the Punjab and Haryana High Court has referred the matter of quashing of FIR on the basis of "partial compromise" to the larger bench.
Title: Simran Kaur versus Union of India and others
Citation: 2024 LiveLaw (PH) 126
The Punjab & Haryana High Court has referred the issue of whether a writ petition under Article 226 of the constitution would be maintainable against the Army Welfare Society or against the Army Public School, to the larger bench. Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "The language of the Article 226 of the Constitution of India empowers the High Court to issue a writ, order or direction to any person or authority, including any Government for the enforcement of any other purpose."
Title: Pradeep Kumar v. State of Haryana
Citation: 2024 LiveLaw (PH) 127
The Punjab and Haryana High Court has granted default bail to an accused in a drugs case whose plea was rejected by the Trial Court which granted an extension to the investigating agency to probe the matter.
The Court noted that the Public Prosecutor (PP) did not submit an independent report seeking time for investigating the case, which is a mandatory provision under Section 36A (4) of the NDPS Act.
Title: Smt. Kaushal and Others v. Raj Kamal and others
Citation: 2024 LiveLaw (PH) 128
The Punjab and Haryana High Court has made it clear that motor accident claims under the Motor Vehicle Act (MV Act) cannot be dismissed for non-joiner of parties.
While setting aside the order of Motor Vehicle Tribunal, the Court noted that the claim was rejected, "only because the mother was not impleaded as party."
Title: XXX v. XXX
Citation: 2024 LiveLaw (PH) 129
The Punjab and Haryana High Court has said that a person will not be liable for kidnapping if a minor girl of "age of discretion" leaves her guardian's house along with him on her own volition.
The Court granted anticipatory bail to an accused who was booked by Fatehgarh Sahib Police for allegedly kidnapping a 17-year-old girl to compel her to marry him.
Title: XXX v.XXX
Citation: 2024 LiveLaw (PH) 130
The Punjab and Haryana High Court has made it clear that no fresh material can be exhibited in the trial court without moving an application under relevant provisions of the Criminal Procedure Code (Cr.P.C.)
The Court set aside the trial court's order allowing complainant's application to give specimen of signature to compare with the confessional statement of the accused booked for sexual assault under POCSO Act after conclusion of prosecution evidence.
Title: Naresh Kapoor v. State of Punjab and anr.
Citation: 2024 LiveLaw (PH) 131
Observing that "post of a teacher require disciplining a student", the Punjab & Haryana High Court has discharged a teacher from charges of abetment to suicide of a minor student who allegedly harassed her in school.
The Court found that the student was weak in studies "for which she was reprimanded". Even otherwise, neither the FIR nor the suicide note refer to any specific instances of acute harassment amounting to abetment, it said.
Case Title: M/s Shree Digvijaya Woollen Mills Ltd Verses Commissioner of Income-Tax
Citation: 2024 LiveLaw (PH) 132
The Punjab & Haryana High Court deleted the addition made by the AO u/s 41(1) of the Income tax Act on account of sale of copper wire, finding that the AO had made additions under the said provision simply on basis of presumption regarding the said sale, even after finding no stock in the premises.
Title: Saurabh Gupta & Ors v. State of Haryana & Ors.
Citation: 2024 LiveLaw (PH) 133
The Punjab & Haryana High Court has directed police to provide adequate security to the animal rights activists who recorded a viral video of YouTube Elvish Yadav and filed an FIR against him for using Snake Venom as drugs, whenever they appear before Gurugram Court.
Title: SBI v. DM, Ludhiana & Ors.
Citation: 2024 LiveLaw (PH) 134
The Punjab & Haryana High Court has made it clear that the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is only an executing functionary and not empowered to make any adjudication on the application made by the creditors for taking possession of the secured assets.
Other Developments
Title: Naresh Kumar v. Virat Secretary HSSC, Panchkula & Anr.
Observing that "no further excuse of the prevalence of Model Code of Conduct (MCC) shall be entertained", the Punjab & Haryana High Court has made it clear that no code of conduct issued by the Election Commission of India can be permitted to stand in way of execution of High Court's order.
Title: Jairoop Riar & Anr. v. UOI & Ors
The Punjab and Haryana High Court today sought response from the Union and State government in PIL seeking implementation of Prevention of Cruelty to Animals Act, 1960 (Resignation of Cattle Premises, Rules 1978) in dairy farms of Chandigarh as well as neighbouring villages.
Title: Captain Sukhjit Pal Kaur Sandal (Retd.) v. UOI & Ors.
The Punjab and Haryana High Court has sought response from Union government on a PIL challenging 89% reservation for men in Short Service Commissioned (SSC) Officers in the "ground duty" branch of the Indian Air Forces.
A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Union of India, Ministry Of Defence and Chief of the Air Staff, Director, Directorate of Personnel (Officers).
Title: Aneet Goel v. Union of India and others
The Punjab and Haryana High Court has called for opening up the road to the Punjab CM's residence on an experimental basis. The path was blocked for security purpose during 1980 terrorism.
The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji also criticized the Haryana government's proposal to close the road in front of their Chief Minister's residence, citing some threat perception "based on a figment of imagination of the authorities".
Title: RAJAN KAPUR VS STATE OF PUNJAB
Expressing concern over police personnel involved in providing security cover to VIPs and others, the Punjab & Haryana High Court has said that deploying them for security purpose has a reverse impact on the condition of law and security in general.
The Court sought details from Punjab DGP on security cover provided to VIPs and individual persons under State Security Policy.