"Narco-Terrorism, Destroys Life Of Youth": P&H High Court Flags Issue Of Weapons, Drugs Being Sent Across Border Via Drones

Observing that it is a clear case of "narco-terrorism", the Punjab & Haryana High Court has refused to grant bail to a man booked under the NDPS Act and Arms Act for allegedly being involved in transporting drugs from drone across the border.Justice Jasjit Singh Bedi said, "Weapons and drugs are coming in across the border via drones. The weapons are used by terrorists and organized...

Proceedings To Attach Property U/S 146 CrPC Can't Be Initiated Once Right To Possession Has Been Decided By Court: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that the proceedings under Section 145, 146 CrPC cannot be initiated once the right to possession of the property has been decided by the Court.Section 145 CrPC prescribes the procedure to be followed by the Magistrate in case there is a dispute concerning land and Section 146 gives the power to attach the subject of dispute and to appoint...

[NDPS Act] Suspension Of Earlier Sentence Does Not Wipe Out Conviction, Can't Say Accused's Credentials Are 'Clean': Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that suspension of the previous sentence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) does not wipe out the conviction and it cannot be said that the credentials of the accused seeking bail is clean.The Court rejected the bail plea of the man allegedly involved in trading contraband inside jail in...

Amendment To Punjab Cooperative Societies Agricultural Rules Lowering Employees' Retirement Age Needs To Be Tabled Before State Assembly: High Court

The Punjab & Haryana High Court has made it clear that the amendment made in the Punjab State Cooperative Agricultural Service Societies Service Rules by the Registrar which lowered the retirement age of employee from 60 yrs to 58 yrs needs to be tabled before the State Legislative Assembly.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Resultantly, the respondent concerned,...

Court Cannot Interfere In Policy Sphere Of Govt, Instruct It To Provide Reservations: P&H HC Dismisses OBC Candidates' Pleas Seeking Reservation

The Punjab & Haryana High Court said that the Court cannot issue directions to the State for providing reservation to a particular class or category of citizens.Chief Justice Sheel Nagu and Justice Vikas Suri observed, "A writ of Mandamus can only be issued where a legal right vests in the petitioner and there is a violation of that right by the government. Where a legal right is violated...

[PMLA] Order For Confiscating Property Is Not Interlocutory Since It Determines Interim Custody, Can Be Challenged In Revision Plea: P&H HC

The Punjab & Haryana High Court has made it clear that an order for confiscation of property passed by the trial court can be challenged in a revision plea before the High Court.In the present case, the property mortgaged in a Bank in lieu of credit facilities availed by an accused under the Prevention of Money Laundering Act, 2002 (PMLA), was confiscated by the Enforcement Directorate...

Punjab & Haryana High Court Weekly Round-Up 12th August To 17th August, 2024

Punjab & Haryana High Court Weekly Round-Up [12 August -17 August, 2024]Nominal IndexLawyers for Humanity v. Lawyers for Humanity 2024 LiveLaw (PH) 195XXX v. XXX 2024 LiveLaw (PH) 196Rajveer Singh Samra and another v. Central Bureau of Investigation 2024 LiveLaw (PH) 197 Rana Jung Bahadur v. State of Punjab 2024 LiveLaw (PH) 198Harpreet Kaur v. State of Haryana and others 2024 LiveLaw...

Lok Adalat Can Only Issue Directions On Equity, Natural Justice In Specific Disputes Before It, Cannot Pass General Directions: P&H High Court

The Punjab & Haryana High Court has made it clear that the guiding principles of natural justice, equity etc. under Section 22-D of the Legal Services Authorities Act ("the Act") are required to be followed by the Lok Adalat only in specific issues raised before it and that it cannot issue generalised directions without being conferred with any power to do so.The Act states that the...

S.7(1) Immoral Trafficking (Prevention) Act | Persons Who Carry Out Prostitution As Well As Those Who Engage As Customers Are Liable: P&H HC

The Punjab & Haryana High Court has refused to quash an FIR lodged under the Prevention of Immoral Trafficking Act against a man who was found in an objectionable position with a woman in a spa allegedly running prostitution. Justice Nidhi Gupta said, "Needless to say, the above allegations against the petitioner are serious in nature. Section 7(1) of the Immoral Trafficking (Prevention)...

Punjab & Haryana High Court Imposes Rs 10 Lakh Cost On NCTE For Granting Conditional Recognition To College Despite Prohibition By SC

The Punjab & Haryana High Court has imposed an exemplary cost of Rs. 10 lakh on the National Council for Teachers Education (NCTE) for issuance of conditional recognition to a college, despite prohibition by the Supreme Court in 2012.The Court found that a B.Ed college run by Syon Educational & Welfare Society was allowed to conclude its course, but the college did not meet the...

High Court Imposes Rs.1 Lakh Cost On Haryana Board For Cancelling Result Of Candidate Who Failed To Give Biometrics Due To Allergy

Punjab & Haryana High Court has imposed a cost of Rs. 1 lakh on the Haryana Education Board for its "insensitive approach" in cancelling the result of a PGT candidate, whose biometric identity could not be recorded due to allergy, consequently wasting "five years" of his career.The candidate appearing for Haryana Teacher Eligibility Test (HTET) in PGT exam could not give biometric...

Nikah In Rickshaw: Punjab & Haryana High Court Directs CBI To Probe Suspected 'Illegal Conversion' In Name Of Inter-Faith Marriage

The Punjab and Haryana High Court has directed the CBI to probe a suspected illegal religious conversion in the name of inter-faith marriage.The direction was passed by Justice Sandeep Moudgil after "profound and conspicuous suspicion" in a case involving inter-faith marriage solemnized in an autorickshaw, "without the presence of two witnesses coupled with the place of solemnization of...