Married Persons Facing Threats For Entering Live-In Relationship Outside Wedlock Should Be Given Protection: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that married persons entering into live-in relationship outside of their wedlock should be given protection, if they are facing threats by "any moral vigilant."Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma referring to Joseph Shine versus Union of India, where the Apex Court decriminalised adultery, said every person has "autonomy...

High Court Refuses To Suspend Ex-MLA's Conviction Ahead Of Haryana Assembly Polls, Says 'No Dearth Of Law Abiding Citizens To Contest Election'

The Punjab and Haryana High Court has refused to suspend conviction of a former MLA, in abetment to suicide case, stating that prima facie findings recorded by the trial Court are fairly convincing.Ram Kishan Gujjar- a former MLA, was convicted in 2017 due to which he was disqualified to contest upcoming Haryana Assembly Election in terms of Section 8(3) of the Representation of People's...

Local Sales Assessment Does Not Exempt Assessee From Inter-State Sales Tax Claims, Rules Punjab & Haryana High Court

The Punjab and Haryana High Court ruled that local sales assessment does not exempt assessee from inter-State Sales tax claims. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “merely because the concerned respective States has assessed the assessee/petitioner for the local sales, it cannot absolve itself from the claim...

Punjab & Haryana High Court Asks CBI To Delve Deep Into Issue Of Suspected 'Illegal Religious Conversions'

The Punjab and Haryana High Court has reiterated that the CBI needs to delve deep into the roots of the cause of suspected illegal religious conversions, in the name of inter-faith marriage.Justice Sandeep Moudgil directed so upon coming across a case involving inter-faith marriage solemnized in an autorickshaw, without any witnesses. Reiterating its earlier order, the Court said, "it is a...

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice."Justice Sumeet Goel clarified that, "No exhaustive guidelines can possibly be laid down as to what would constitute substantial change...

Punjab & Haryana High Court Stays Arrest Of Accused Who Wrongly Sought Pre-Arrest Bail Under CrPC, Grants Time To File Under BNSS

The Punjab & Haryana High Court has stayed the arrest of an accused who had filed anticipatory bail plea under the Code of Criminal Procedure (CrPC) instead of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Arshdeep Singh was apprehending arrest for an incident which allegedly occurred on July 18, 2024, as per the FIR. The plea was filed under Section 438 of the CrPC, 1973 which...

Suspicious Suppliers Being From Different States Is No Ground To Transfer Proceedings from State to Centre: Punjab & Haryana High Court

The Punjab and Haryana High Court stated that merely having information that suspicious suppliers are not located in the same state would not be ground to transfer proceedings from the state to the centre. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth stated that “merely because the DGGI has information relating to similar fraudulent availment of ITC...

Laundered Hard Earned Money Of Homebuyers Looking For Shelter: Punjab & Haryana High Court Rejects Builder's Plea Challenging ED Arrest

The Punjab and Haryana High Court has dismissed the plea of a real estate company owner challenging his arrest by the Enforcement Directorate (ED), observing that "huge proceeds of crime have been identified, and prima facie, the offence of money laundering is clearly made out" against him.Justice Mahabir Singh Sindhu said,"about 1500 prospective home buyers have invested their hard earned...

Unfortunate That Wife Is Granted Alimony Even After Husband Is Convicted In Cruelty Case Filed By Her: Punjab & Haryana High Court

The Punjab & Haryana High Court has observed that it is unfortunate that the wife is granted maintenance despite the fact that the husband and his family is convicted for cruelty on her complaint. It was stated the Courts must consider all the aspects before granting alimony.These observations were made while allowing the divorce plea filed by the husband against wife on grounds of...

UAPA | P&H HC Releases Man Arrested In 2020 For 'Anti-National Activities' For Possessing Phone Containing 'Objectionable' Pictures Of Weapons

The Punjab & Haryana High Court has granted bail to a man who was arrested in 2020 for allegedly being involved in "anti-national" activities under the stringent Unlawful Activities (Prevention) Act (UAPA) in 2020.Justice Anupinder Singh Grewal and Justice Lapita Banerji noted that "only a mobile phone is alleged to have recovered from him which is stated to have contained...

Presumption Of Undervaluation Can't Be Drawn Just Because Of Higher MRP Rate On Product: Punjab & Haryana HC

The Punjab and Hayana High Court stated that the presumption cannot be drawn that invoices are undervalued merely because MRP Rate mentioned on the product is higher. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “it is also not a case of the State authorities that the invoices were different for the assessee in comparison to...

Amount Seized From Third Party Is Not Eligible For Adjustment Against Advance Tax Liability Of Assessee: Punjab & Haryana HC

The Punjab & Haryana High Court held that cash seized from possession of another person cannot be adjusted against Assessee's tax liability as advance tax paid by him. The Division Bench comprising Justice Sanjeev Prakash Sharma and Justice Jagmohan Bansal observed “From sub-section (3) of Section 132B, it is evident that person from whose custody assets is seized is entitled...