Prisoners Not Disentitled To Parole For Merely Possessing Phones In Prison, State Should Provide Calling Facility In Jails: Punjab & Haryana HC

The Punjab & Haryana High Court held that merely finding mobile phones in possession of prisoners would not be sufficient without cogent evidence to deny parole and the same is "extremely harsh and oppressive."The larger bench opined that denying parole on "mere possession" of the mobile phones will be violation of fair trial as the accused is presumed innocent until proven...

Jurisdiction To Decide Guardianship Of Hindu Child Below 5 Yrs Lies Where Child Actually Resides, Not Where Mother Resides: Punjab & Haryana HC

The Punjab and Haryana High Court has made it clear that application seeking guardianship of a minor, particularly one aged below 5 years of age, will lie to the district where the child actually and physically resides.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said merely because as per Section 6(a) of the Hindu Minority and Guardianship Act, 1956 custody of a minor who...

Bar On Anticipatory Bail U/S 482 BNSS In Certain Rape Cases Involving Minors Not Absolute: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that bar on grant of anticipatory bail plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in certain cases of rape involving minors is not absolute.Section 482 BNSS bars grant of bail to a person booked under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 65 BNS relates to rape of women under age...

'Possibility That More Victims Fallen Prey': P&H HC Declines To Quash FIR Against Man Accused Of Duping ₹6 Lakhs On Pretext Of Providing Job

Observing that, "there is a possibility that more victims have fallen prey", the Punjab & Haryana High Court has refused to quash an FIR lodged for allegedly defrauding a man by taking Rs. 6.45 lakhs on the pretext of proving employment in a company.Justice N.S. Shekhawat said, "Even, no doubt the parties have entered into a compromise in the present case, however, from the...

Faridabad Complex (Regulation & Development) Act Required President's Assent Which It Did Not Receive: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the Faridabad Complex (Regulation and Development) Act (the Act), did not receive prior assent of the President before introducing the Bill in the State Legislature, as required under Article 304 (b) proviso.According to Article 304 (b) proviso, the States may impose reasonable restrictions on the freedom of trade, commerce or...

'May Lead To Epidemic': High Court Takes Suo Moto Cognizance Of Alleged Mixture Of Sewage With Drinking Water In Chandigarh EWS Colonies

Observing that the situation may "lead to an epidemic", the Punjab & Haryana High Court has taken suo moto cognizance of alleged mixture of sewage with drinking water supply at economically weaker section (EWS) colonies in Chandigarh.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "It appears that nobody is taking up responsibility of solving the emergent situation, which may...

News Of Ostracization Of Migrants By Gram Panchayat In Punjab Village Is False, Committee Formed Should Ensure No Such Incident Takes Place: HC

The Punjab & Haryana High Court has made it clear that the news "with regard to ostracization of migrants by way of a resolution passed by the Gram Panchayat is false," however the committee constituted must ensure that no such incident takes place.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "...the Committee of five members, so constituted by the Sub Divisional...

File Could Not Travel From Ludhiana To Samrala For 49-Yrs, Average Speed Slower Than A Sloth: P&H HC Quashes Case Adjourned By Trial Court In 1977

The Punjab & Haryana High Court has quashed the 49-year-old extortion case, observing that the trial was adjourned in 1977 awaiting file which was travelling at "one-sixth of the adorable sloth's speed" and never reached the Court.The State could not produce the complete records of the case and only submitted that the man was neither acquitted nor discharged and the trial which initiated...

'Cruelty' Element Missing: Punjab & Haryana High Court Sets Aside Dowry Death Conviction Of Husband, Mother-In-Law After 20 Yrs

Observing that, "basic requirement of cruelty or harassment soon before the death to bring the case within the ambit of Section 304-B IPC is absent", the Punjab & Haryana High Court has set aside the conviction for dowry death in a 24 years old case.The High Court opined that it was a case of suicide as the victim had history of epilepsy and was suffering with depression, the Trial...

[Industrial Discharge] When Remedy Against Order Passed Under Water Act Available Before NGT, HC Can't Interfere: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that when remedy against an order passed by Pollution Control Board under Section 33A of the Water Act, 1974, against an industry discharging effluents, lies before the National Green Tribunal (NGT), the High Court cannot interfere.The impugned order against a Cold Storage was passed under Section 33A of the Water (Prevention and Control...

Application For Certification Of 'Emergency' Movie Is Pending, Will Ensure No Offensive Content Is Certified: CBFC To Punjab & Haryana High Court

The Central Board of Film Certification (CBFC) today submitted before the Punjab & Haryana High Court that an application for certification of the "Emergency" movie has been received but pending consideration and as of yet no certificate has been issued to the movie.The CBFC also known as Censor Board is a statutory film-certification body in the Ministry of Information and Broadcasting...

No Legal Provision To Grant Interim Bail To Accused Under UAPA: Punjab & Haryana High Court

The Punjab & Haryana High Court has refused to grant interim-bail to a man accused under the Unlawful Activities (Prevention) Act (UAPA), observing that there is no such provision either under Criminal Procedure Code (CrPC) or special provision.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "there is no provision either in the Cr.P.C. or in the special statute (supra),...