Punjab and Haryana High Court
FSL Report Was Not Duly Proved In Trial: Punjab & Haryana High Court Sets Aside NDPS Conviction After 20 Yrs
The Punjab & Haryana High Court has set aside a 2005 conviction under the Narcotic Drugs And Psychotropic Substances Act (NDPS Act) observing that the trial court failed to comply with the provision of Section 294 CrPC. The accused was convicted for transporting a huge commercial quantity of contraband and sentenced to 15 years in 2005.According to Section 294 CrPC, where any document...
Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed after July 01, then provisions of BNSS...
Elderly Prisoners Require Support To Manage Even Menial Tasks, Very Few States Provide Facilities For Them: Punjab & Haryana High Court
The Punjab and Haryana High Court has recently observed that Prison Statistics India 2020, compiled by the National Crime Records Bureau, reveals that very few States provide special treatment or facilities for old age prisoners.These observations were made while granting bail to a 76-year-old man accused in an NDPS case.Justice Anoop Chitkara said that apart from the ground that there is...
High Ethical Standard Expected From Medical Practitioner Running De-Addiction Centre: Punjab & Haryana HC Rejects Bail Under NDPS Act
The Punjab and Haryana High Court has refused to grant bail to a medical practitioner accused of illicit distribution of narcotic substances under the guise of running a De-addiction Centre, which itself was allegedly operating without any valid licence.Justice Manjari Nehru Kaul said,"...general public reposes immense trust in the medical profession, particularly when seeking treatment....
ITO's Personal Opinion In Prior Assessment Not A Valid “Reason To Believe” For Reopening Assessment: Punjab & Haryana High Court
The Punjab and Haryana High Court while quashing the reopening proceedings initiated under Section 148 of the Income Tax Act stated that merely on account of there being an error found based on a personal opinion of the Income Tax Officer in relation to the earlier assessment, cannot be a reason to believe for initiating reassessment. The Bench consists of Justices Sanjeev Prakash...
Sexual Exploitation By Teacher Erodes Public Confidence: P&H HC Denies Pre-Arrest Bail To Man Accused Of Sending Objectionable Messages To Student
The Punjab & Haryana High Court has rejected the pre-arrest bail plea of a government school teacher accused of sending objectionable messages to his student, observing that sexual exploitation by a teacher erodes public confidence.Justice Sumeet Goel said, "The sexual exploitation of a child by a teacher has devastating effects that extend far beyond the individual, impacting both...
Live-In Couple Involving Minor Partner Cannot Seek Protection Irrespective Of Their Religion: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that live-in couple wherein one or both the partners are minor cannot seek protection from Court because they are not competent to enter into contract.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma held,"There is a bar against a minor entering into a contract...disability whereof also covers the makings of ill choices qua the...
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...