'Love Of Father Cannot Be Better Than Mother's Love': Punjab & Haryana High Court Directs Father To Hand Over Custody Of 2 Yr-Old To Mother

Observing that "love of father cannot be better in any manner from mother's love", the Punjab & Haryana High Court has directed to hand over the custody of 2-year-old son to his mother, who was allegedly detained by his father from his mother's residence.Justice Gurbir Singh said, "A mother's love is the very definition of sacrifice and dedication. At the age of 2 1⁄2 years, the...

Denial Of Medical Reimbursement To Female Employee's In-Laws Under 1940 Punjab Services Rules Needs Reconsideration: High Court

The Punjab & Haryana High Court has said that the Punjab Services (Medical Attendance) Rules 1940 which includes only biological parents and not the in-laws of a female employee for the grant of benefit of medical reimbursement, needs reconsideration.Justice Harsimran Singh Sethi said, "...female employees, who are residing with their in-laws in their matrimonial home and the in-laws...

Allottee Cannot Be Compelled To Accept Alternate Plot Offered By Developer Instead Of Refund: Punjab & Haryana High Court

Observing that "the willingness of one cannot be thrust upon the other", the Punjab & Haryana High Court has set aside the award passed by Lok Adalat wherein a developer who failed to provide possession was directed to provide an alternative plot instead of giving a refund of the deposited amount.The allottee had booked a residential plot in 2012 by depositing the initial amount but the...

Dowry Prohibition Act | Case Cannot Be Instituted Without Sanction From District Magistrate: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a case under the Dowry Prohibition Act cannot be instituted without prior sanction of the District Magistrate.Justice Jasjit Singh Bedi said, "A perusal of Section 8-A of the Dowry Prohibition Act, 1961 as applicable to the State of Punjab alongwith the various judgments of the Hon'ble Supreme Court and this Court would go to show that...

'No Succession In Marital Union': Punjab & Haryana High Court Declines Mother's Plea To Represent Deceased Son Seeking Divorce

Observing that "the marriage between partners, is a personal contract", the Punjab & Haryana High Court has refused to allow a mother to represent his deceased son in a divorce plea.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the marriage between marital partners, but obviously is a personal contract entered into between the spouses. The said contract remains alive only...

Female Infanticide In Punjab & Haryana Is 'Deeply Disturbing': HC Rejects Pre-Arrest Bail Of Doctor Accused Of Running Sex-Determination Racket

Observing that "female infanticide remains a deeply disturbing issue in India, particularly in this part of the country", the Punjab & Haryana High Court has refused to grant pre-arrest bail to a doctor accused of operating widespread illegal sex determination racket in both states.Justice Manjari Nehru Kaul said, "It needs to be pointed out that female infanticide remains a deeply...

Rs.1,000 Fine In Murder Case 'Extremely Minimal': Punjab & Haryana High Court Upholds Life Sentence, Enhances Compensation To 50K

The Punjab & Haryana High Court has upheld the conviction of seven accused persons in a 24 years old murder case and imposed a fine of Rs.50,000 on each of them, observing that fine of Rs.1000 imposed by the trial court is "extremely minimal."The deceased was murdered due to a longstanding enmity related to a land dispute. The body of the deceased was found lying injured smeared with...

Trial Court Cannot Adjourn Case Awaiting Appearance Of Proclaimed Offender, Publication Of Proclamation Mandatory: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the trial Court could not simply adjourn the case for 30 days awaiting the appearance of the proclaimed offender, publication in accordance with Section 82(2) of CrPC is mandatory.Section 82 CrPC states that If any Court has reason to believe that any person against whom a warrant has been issued by it has absconded, such Court...

Illegal Sand Mining At Border: Punjab & Haryana HC Enquires Whether Army Can Be Deputed To Conduct Survey, Find Out If Illegal Mining Is Going On

The Punjab & Haryana High Court has asked the Union Government whether the Army can conduct aerial or land surveys to find out whether illegal sand mining is going on at the border.The development came while hearing a batch of petitions filed raising the issue of illegal mining at border areas and national security in Punjab.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said,...

"Gimmick To Defame Sikh Community, Promotes Hatred": Plea in Punjab & Haryana HC Seeks Ban On Kangana Ranaut Starrer 'Emergency'

A Public Interest Litigation (PIL) has been filed before the Punjab and Haryana High Court seeking ban on public release of "Emergency" movie starring Kangana Ranaut. The plea filed by two Baptised Sikhs (Amritdhaari Sikhs) claiming to be social workers alleges that the trailer depicts erroneous historical facts and it is apparent that the movie promotes "hatred towards Sikh community"...

P&H High Court Strikes Down Sportsmen Recruitment Rule Restricting Eligibility For Group A, B Jobs To Only Those With Medals In Senior Categories

The Punjab & Haryana High Court has struck down the 2020 amendment to Punjab Recruitment of Sportsmen Rules restricting eligibility for Group A and B posts to those who had won medals in senior national championships or national games, thereby disqualifying athletes who had achieved success in junior categories or other recognized events.Justice Sureshwar Thakur and Justice Sudeepti...

Punjab & Haryana HC Takes Suo Moto Cognizance Of Laxity In Obtaining DNA Profiling Results In Multiple Cases, Raises Critical Questions

The Punjab and Haryana High Court has taken suo moto cognizance of "indolent laxity" displayed by the investigating agency in obtaining the results of DNA profiling in multiple cases.Justice Harpreet Singh Brar asked, "Whether sufficient number of Forensic Science Laboratories at State and regional level have been established and adequately staffed in the States of Punjab, Haryana and...