High Court Doesn't Qualify As Civil Court Under Section 2(1)(e) Of Arbitration Act, Has Jurisdiction Under Section 11(6): Punjab And Haryana High Court

The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that the High Court itself does not qualify as a Civil Court under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996. Consequently, the High Court held that it has jurisdiction under Section 11(6) of the Arbitration Act, which grants it authority where the principal Civil Court...

Arbitration Clause In Partnership Firm's Agreement Remains Valid If Assets And Liabilities Transferred To Private Limited Company: Punjab And Haryana High Court

The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that an arbitration clause in a partnership firm's agreement remains valid if a private limited company has taken over all the firm's assets and liabilities. The High Court held that this arrangement can be inferred from both the dissolution deed of the partnership firm and in the company's Memorandum...

Scheme On Support To Poor Prisoners Pending Before Supreme Court, Will Be Implemented "To Its Hilt": P&H High Court

The Punjab & Haryana High Court has said that the 'Support to Poor Prisoners Scheme' of the Union Government will be implemented as the Supreme Court is in "seisin of the matter."The Ministry of Home Affairs has formulated the 'Support to Poor Prisoners' for providing relief to poor prisoners, who are unable to pay the fine imposed on them or are unable to secure bail due to...

High Court Issues Notice To CBI On Plea To Probe Alleged Custodial Death Of Man In Punjab Prison

The Punjab & Haryana High Court has issued notice to the Central Bureau of Investigation (CBI) and the Punjab Government on a plea filed by a woman seeking a CBI probe into the alleged custodial death of her husband in Punjab's Rupnagar prison.While adjourning the matter to September 30, Justice Vinod S. Bhardwaj said, "Reply(ies), if any, be filed on or before the adjourned date with copy...

Punjab & Haryana High Court Calls For Report On HC Expansion After Heavy Rains Lead To Destruction Of Court Files

Taking note of the "disturbing event" of heavy rains in Chandigarh which led to the destruction of the Court files, the Punjab & Haryana High Court has directed the Union Government to complete the report on the holistic development of the High Court building "expeditiously."Chief Justice Sheel Nagu and Justice Anil Kshetarpal noted, "It is pertinent to point out that old District...

Recruitment Through Competitive Exams Must Select Best Candidates, Procedural Lapses In Documents Should Be Ignored: P&H High Court

The Punjab & Haryana High Court has directed that when the date or year of passing an examination is mentioned by a candidate in their application form, the date of issuance of the final certificate or degree should be ignored while considering documents for recruitment."The recruitment agencies should be prudent enough to select the best candidate by ignoring procedural lapses in...

'Every God Was Born Human, Journey From Nar To Narayan True For All Religions': P&H HC Quashes FIR For Derogatory Remarks Against Lord Valmiki

The Punjab & Haryana High Court has quashed an FIR against Punjabi film actor, Rana Tang Bahabur under Section 295-A IPC and SC/ST Act for allegedly passing remarks against Lord Valmiki, observing that "every God was born human." The FIR was lodged against the actor for saying that Lord Valmiki was a dacoit in his early life.Justice Pankaj Jain said, "Whichever religion it may be,...

'Country's Economic Health Needs Careful Adjudication': Punjab & Haryana HC Declines Pre-Arrest Bail To Men Accused In Rs 48 Crore PNB Fraud

The Punjab & Haryana High Court has refused to grant anticipatory bail to persons accused in a case pertaining to Rs 48 crore fraud to Punjab National Bank (PNB) in 2020.Justice Manjari Nehru Kaul said, "Given the gravity of the allegations and substantial prima facie evidence implicating the petitioners in a fraud resulting in financial losses exceeding Rs. 48 crores to the PNB...

Court Cannot 'Stamp' Polygamous Relation Between Married Persons: P&H HC Declines To Accept Compromise Plea By Man Booked For Raping Live-In Partner

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man accused of raping his live-in partner. It was submitted that the matter was later compromised between the live-in couple who were already married to their respective spouses. In view of the compromise, the accused filed a second appeal against the order rejecting his pre-arrest bail.Justice Harpreet Kaur...

Haven't Finalised Gallantry Award To Haryana Police Officers Posted At Shambhu Border During Farmers Protest: Centre Tells High Court

The Central Government has informed the Punjab and Haryana High Court that gallantry award recommended by the Haryana Government for the police officers who were posted at the Shambhu border during the farmers agitation, has not been announced yet.The development came after a PIL was filed challenging the alleged Haryana Government notification awarding gallantry award to six police officers...

Migrant Labours From UP, Bihar Allegedly Asked To Leave Punjab Village By Passing Panchayat Resolution, High Court Seeks State's Response

The Punjab & Haryana High Court has asked the Punjab Government counsel to seek instructions on a plea filed seeking action against an alleged Panchayat resolution passed by a village in Kharar, Punjab, asking migrant laborers from UP, Bihar and Rajasthan to leave the village and directing others to socially boycott them.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "Since...

Armed Forces Tribunal Can Examine Legality Of 'Displeasure Award' Passed By Army Authorities: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the "Displeasure award" passed by armed forces authorities can be examined by the Armed Forces Tribunal (AFT).A “displeasure” is a censure awarded to military personnel for dereliction of duty. In the present case, a commissioned officer was awarded a "displeasure" after a matrimonial dispute with his wife led to...