Punjab and Haryana High Court
'Untraceable' Accused Declared Proclaimed Offender By Punjab Police Caught On VC Watching Court Proceedings: HC Directs Furnishing Details Of Assets
The Punjab & Haryana High Court has directed the renowned real estate developer Jarnail Singh Bajwa, who was declared a proclaimed offender in 2022, to furnish details of all his assets after he was suddenly caught monitoring his case proceedings on Video Conferencing.The Court had also summoned DGP Punjab over the lackadaisical approach of Punjab Police in investigating over 50 FIRs...
Husband Denies Marriage, Punjab & Haryana HC Allows Major Child's Paternity Test To Determine Maintenance Liability Towards Alleged Wife
In connection with a woman's maintenance claim under Section 125 CrPC, the Punjab and Haryana High Court has allowed DNA test of her major son to determine his paternity which will assist the Court in determining "whether an intimate relationship, in the nature of marriage", existed between the contesting husband and wife.Justice Harpreet Singh Brar said, "this Court is of the considered...
'Rights Of Complainant-Accused Seriously Prejudiced', High Court Flags Pendency Of Cancellation Report With Police Superintendent For 7 Yrs
Observing that it seriously prejudices the rights of both complainant and accused, the Punjab & Haryana High Court has flagged the issue of cancellation reports pending consideration before concerned Superintendents of Police in Haryana for years.Cancellation report is filed by the police after investigation when no material is found against the accused to file the chargesheet.Justice...
'Love Of Father Cannot Be Better Than Mother's Love': Punjab & Haryana High Court Directs Father To Hand Over Custody Of 2 Yr-Old To Mother
Observing that "love of father cannot be better in any manner from mother's love", the Punjab & Haryana High Court has directed to hand over the custody of 2-year-old son to his mother, who was allegedly detained by his father from his mother's residence.Justice Gurbir Singh said, "A mother's love is the very definition of sacrifice and dedication. At the age of 2 1⁄2 years, the...
Denial Of Medical Reimbursement To Female Employee's In-Laws Under 1940 Punjab Services Rules Needs Reconsideration: High Court
The Punjab & Haryana High Court has said that the Punjab Services (Medical Attendance) Rules 1940 which includes only biological parents and not the in-laws of a female employee for the grant of benefit of medical reimbursement, needs reconsideration.Justice Harsimran Singh Sethi said, "...female employees, who are residing with their in-laws in their matrimonial home and the in-laws...
Allottee Cannot Be Compelled To Accept Alternate Plot Offered By Developer Instead Of Refund: Punjab & Haryana High Court
Observing that "the willingness of one cannot be thrust upon the other", the Punjab & Haryana High Court has set aside the award passed by Lok Adalat wherein a developer who failed to provide possession was directed to provide an alternative plot instead of giving a refund of the deposited amount.The allottee had booked a residential plot in 2012 by depositing the initial amount but the...
Dowry Prohibition Act | Case Cannot Be Instituted Without Sanction From District Magistrate: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a case under the Dowry Prohibition Act cannot be instituted without prior sanction of the District Magistrate.Justice Jasjit Singh Bedi said, "A perusal of Section 8-A of the Dowry Prohibition Act, 1961 as applicable to the State of Punjab alongwith the various judgments of the Hon'ble Supreme Court and this Court would go to show that...
'No Succession In Marital Union': Punjab & Haryana High Court Declines Mother's Plea To Represent Deceased Son Seeking Divorce
Observing that "the marriage between partners, is a personal contract", the Punjab & Haryana High Court has refused to allow a mother to represent his deceased son in a divorce plea.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the marriage between marital partners, but obviously is a personal contract entered into between the spouses. The said contract remains alive only...
Female Infanticide In Punjab & Haryana Is 'Deeply Disturbing': HC Rejects Pre-Arrest Bail Of Doctor Accused Of Running Sex-Determination Racket
Observing that "female infanticide remains a deeply disturbing issue in India, particularly in this part of the country", the Punjab & Haryana High Court has refused to grant pre-arrest bail to a doctor accused of operating widespread illegal sex determination racket in both states.Justice Manjari Nehru Kaul said, "It needs to be pointed out that female infanticide remains a deeply...
Rs.1,000 Fine In Murder Case 'Extremely Minimal': Punjab & Haryana High Court Upholds Life Sentence, Enhances Compensation To 50K
The Punjab & Haryana High Court has upheld the conviction of seven accused persons in a 24 years old murder case and imposed a fine of Rs.50,000 on each of them, observing that fine of Rs.1000 imposed by the trial court is "extremely minimal."The deceased was murdered due to a longstanding enmity related to a land dispute. The body of the deceased was found lying injured smeared with...
Trial Court Cannot Adjourn Case Awaiting Appearance Of Proclaimed Offender, Publication Of Proclamation Mandatory: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the trial Court could not simply adjourn the case for 30 days awaiting the appearance of the proclaimed offender, publication in accordance with Section 82(2) of CrPC is mandatory.Section 82 CrPC states that If any Court has reason to believe that any person against whom a warrant has been issued by it has absconded, such Court...
Illegal Sand Mining At Border: Punjab & Haryana HC Enquires Whether Army Can Be Deputed To Conduct Survey, Find Out If Illegal Mining Is Going On
The Punjab & Haryana High Court has asked the Union Government whether the Army can conduct aerial or land surveys to find out whether illegal sand mining is going on at the border.The development came while hearing a batch of petitions filed raising the issue of illegal mining at border areas and national security in Punjab.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said,...