Provision To Direct Interim Compensation Under NI Act Is Discretionary, Financial Distress On Accused Must Be Considered: P&H High Court

The Punjab & Haryana High Court made it clear that the provision under Section 143A of the Negotiable Instrument Act (NI Act) is not mandatory but discretionary in nature and parameters including financial distress which the accused will have to bear need to be considered before passing an order.According to Section 143A of the NIA the Court trying an offence under section 138 may order...

Pension Is Not Charity By State To Employees But Its Duty: P&H High Court Imposes ₹1 Lakh Cost For Denying Pension To Widow For 12 Yrs

The Punjab & Haryana High Court imposed a cost of Rs. 1 lakh on Dakshin Haryana Bijli Vitran Nigam (DHBVN) and Haryana Vidyut Prasaran Nigam Limited (HVPNL) for denying pension to a widow for over 12 years, observing that, "the pension and pensionary benefits including a family pension is not a charity done by the State and it is a duty of the State" to provide the same.Justice...

Loss Caused To Hundreds Of Home-Buyers: Punjab & Haryana HC Directs Trial Court To Conclude Trial Of Realtor In Fraud Case Within 4 Months

The Punjab & Haryana High Court said that a Court is obligated to ensure that 'justice not only has to be done but it should look to have done', while directing the trial court to conclude trial within four months in a complaint pertaining to fraud allegedly committed upon home buyers by Punjab realtor Jarnail Singh Bajwa.Justice Sandeep Moudgil said, "Speedy trial secures rights to...

Punjab & Haryana High Court Imposes Cost On University For Arbitrarily Denying Gold Medal To Student

Observing that educational institutions are supposed to not only be sensitive towards the careers of their students but they are also supposed to adhere to their own Rules, the Punjab & Haryana High Court imposed a cost of Rs.25,000 on a university for "arbitrarily" denying Gold Medal in MSc to a student.Justice Jasgurpreet Singh Puri said, "The respondent-University is an...

ED Interrogations Lasting 14 Hrs "Not Heroic", Violate Human Dignity: Punjab & Haryana HC While Declaring Congress MLA's Arrest Illegal

The Punjab and Haryana High Court today asked the Enforcement Directorate to take remedial measures and sensitize its officers to follow some "reasonable time limit" for interrogations of suspects under PMLA, in one go.Justice Mahabir Singh Sindhu said ED interrogation lasting for upto 15 hours in this case "is not heroic...rather it is against the dignity of a human being." For future, the...

Appeal Dismissed For Non-Payment Of Pre-Deposit; Revenue Can't Challenge Restoration After Accepting Deposit: Punjab and Haryana High Court

The Punjab and Haryana High Court stated that if the appeal of the assessee was previously dismissed due to non-payment of the pre-deposit, and they have since made that payment, which has been accepted by the Revenue, then the Revenue cannot later challenge the restoration of the appeal.The Division Bench of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “Tribunal can...

Judge's PSO Incident: Punjab & Haryana High Court Seeks Steps Taken On Investigation In Last 3-4 Days

The Punjab & Haryana High Court today sought report from Punjab Government on steps taken on investigating the matter wherein a man committed suicide by pulling out a gun from the Personal Security Officer (PSO) of a sitting judge at Golden Temple.Division bench of Chief Justice Sheel Nagu and Anil Kshetarpal said, “The State of Punjab is directed to place the steps taken on...

Punjab & Haryana High Court Issues Guidelines On When Tribunals Can Order Fixed Deposits While Granting Compensation

The Punjab & Haryana High Court has laid down guidelines illustrating cases when Tribunals can order Fixed Deposits of compensation.Justice Pankaj Jain said, "The guidelines are not to be interpreted like statute but need to be followed in a more pragmatic manner. The Tribunals are right in ordering investment of compensation in Fixed Deposits in the case where a claimant is prone to...

NDPS Act | Whether Magistrate Before Whom Accused Is Brought Needs To Ask For Consent Before Conducting Search? P&H High Court Answers

The Punjab & Haryana High Court has said that Gazetted Officer or Magistrate is not required to take fresh consent or inform that the accused has right be searched in presence of Gazetted Officer or Magistrate when the concerned officer has already informed the accused under Section 50 of the NDPS Act.Section 50 of the NDPS Act provides both a right as well as an obligation. The person...

Man Commits Suicide With Judge's Security Officers' Gun: High Court Takes Suo Moto Cognizance, Seeks Presence Of Punjab DGP

The Punjab & Haryana High Court today has taken suo moto cognizance of an alleged incident wherein a man committed suicide by pulling out a gun from the Personal Security Officer (PSO) of a sitting judge at Golden Temple.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "There is definitely lapse of security and therefore, the Director General of Police, Punjab, is directed to...

Educational Trust Using Earnings For Educational Advancement Entitled To Benefits Under Section 12AA Of Income Tax Act: Punjab & Haryana High Court

The Punjab and Haryana High Court ruled that an institute registered as an educational trust, using its earnings solely for educational advancement, should not be denied the benefits of Section 12AA of the Income Tax Act, 1961.The Bench of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “the institute is a duly registered educational trust and whatever earnings it receives...

'Interference In Judicial Process': P&H HC Calls For DGP's Report Over 'Drunk Policemen' Who Misbehaved With State Counsel Seeking Instructions

The Punjab & Haryana High Court has sought action taken report against policemen who allegedly misbehaved with the State counsel in a drunken condition when called to seek instruction in a case.Justice Gurbir Singh said, "The matter is quite serious. Misbehaving with a State counsel, who is an officer of the Court, and who was just asking for instructions in the above said matter to...