Punjab and Haryana High Court
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...
Punjab & Haryana HC Seeks State's Response On Plea By Jailed MP Amritpal Singh's Alleged Aide Gurmeet Bukkanwala Against NSA Detention
The High Court has sought response from the Punjab, Union Government and other authorities on plea filed by Gurmeet Singh Gill @ Gurmeet Singh Bukkanwala, an alleged aide of jailed MP Amritpal Singh, challenging his detention under National Security Act (NSA). Bukkanwala is currently lodged in Assam's Dibrugarh Central Jail. The bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal...
"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to live...
Punjab & Haryana High Court Convicts DSP In 1995 Custodial Death Case
The Punjab and Haryana has convicted a Deputy Superintendent of Police (DSP) on count of murder, in a 1995 custodial death case.The Court was hearing an appeal filed by Punjab Government and complainant against acquittal of the DSP. One Gamdoor Singh was brutally tortured in police custody and succumbed to the injuries later. Along with three other police officer the Court held the DSP...
Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case
The Punjab & Haryana High Court has said that it will monitor the action taken against Punjab's real estate developer Jarnail Bajwa accused in over 50 FIRs pertaining to cheating investors.Bajwa was arrested a day after the Court summoned DGP Punjab over the lackadaisical approach of the Punjab Police in taking action against him and had sought details of cases registered against...
'Pendency In HC Is A Malady To Which Govts Are The Main Contributors': P&H High Court Calls For Policy To Ensure Accountability Of Govt Officers
The Central and the State Governments together form the biggest litigants in the country, especially at the High Court level, said the Punjab & Haryana High Court while flagging the contribution of the Government in the pendency of cases.In the case, the Court also warned the Punjab Government that it would impose a cost of Rs.10 lakh if a reply is not filed before the next date and the...