Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby violating...

'Lengthy Trial Itself Becomes Punishment', Punjab & Haryana HC Grants Bail To UAPA Accused Arrested In 2019 For Alleged Terror Funding

The Constitutional Court would like to prevent a situation where the lengthy and arduous process of trial becomes the punishment in itself, said the Punjab & Haryana High Court while granting bail to a man who was arrested under stringent Unlawful Activities (Prevention) Act (UAPA) in 2019 for allegedly providing funding for terrorist activities.Justice Anupinder Singh Grewal and...

'Drastic Impact On Career': High Court Imposes ₹2 Lakh Cost On IIM Rohtak For Withholding Result Of Student For Four Years

The Punjab & Haryana High Court has imposed an exemplary cost of Rs.2 lakh on the Indian Institute of Management (IIM) Rohtak for illegally withholding the result of a student for 4 years.Justice Jasgurpreet Singh Puri said, "The petitioner is a young girl and was of 27 years at the time when the impugned order was passed and she could not do anything for the next four years because of...

Concealed Election Expenditure, Sought Votes In Temple: Plea In HC Challenges Lok Sabha Election Of Fmr Punjab CM Charanjit Singh Channi

An election petition has been filed in the Punjab & Haryana High Court challenging the Lok Sabha election of former Punjab Chief Minister Charanjit Singh Channi, who was elected as Member of Parliament from Jalandhar in the 17th Lok Sabha.The plea filed by a Jalandhar voter stated that Channi had concealed information about the expenditure incurred by him during the election process....

State Cannot Levy Tax On Electricity Consumed By Central Govt: Punjab & Haryana High Court Orders Rs 4.5L Refund

Observing that State Government cannot charge tax from the Central Government for using electricity in the state as per Article 287 of the Constitution, the Punjab & Haryana High Court has directed the Punjab Government to refund a sum of Rs.4.57 lakh to the Union of India.Military Engineering Service (MES), which is part of Ministry of Defence and looks after supply of electricity...

Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024

Nominal Index [Citations 166-176]Manpreet Kaur v. State of Punjab 2024 LiveLaw (PH) 166Mrs. Shiv Dei Guleria v. Union of India and Ors 2024 LiveLaw (PH) 167Jitender Jatasra v. State of Haryana & Ors. 2024 LiveLaw (PH) 168Varinder Pal Singh Dhoot V. UOI & Anr. 2024 LiveLaw (PH) 169Gurpreet Singh Sabharwal v. State of Haryana and others 2024 LiveLaw (PH) 170Ritu v. State of Haryana...

Wrong Assessment U/s 44ADA By AO Attracts Revisionary Interference: Punjab & Haryana HC Upholds Revision By PCIT U/s 263

The Punjab & Haryana High Court recently upheld the revisional order passed by the Principal CIT u/s 263 by setting aside the assessment wrongly passed by the AO u/s 44ADA. The power under section 263 of the Income tax Act can be exercised where the order of the Assessing Officer is erroneous and prejudicial to the interest of the revenue. Whereas, Section 44ADA of the...

P&H High Court Seeks Explanation From Public Prosecutor & Trial Judge For Ignoring HC Order, Continuing Case Which Had Already Been Quashed

The Punjab and Haryana High Court has sought an explanation from a Trial Court judge and a Public Prosecutor as to why contempt proceedings should not be initiated against them for disregarding the High Court's order by continuing a criminal proceeding which had already been quashed.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "it appears that the learned trial Court concerned,...

Depriving People Of Regular Employment Is Exploitation, Long Service Of Two Decades Cannot Be Considered Part-Time: P&H High Court

Flagging the "exploitation" of the State government by tagging Class-IV employees as part-time workers, the Punjab & Haryana High Court has made it clear that long service of two decades cannot be assumed to be a "part-time service."Chief Justice Sheel Nagu and Justice Jagmohan Bansal said, "Unemployment in the nation is well known. A long service of two decades cannot be assumed to be...

'Won't Be A Part Of Any Further Environmental Degradation': High Court Restrains Haryana Govt From Felling 150 Trees To Construct Police Station

We the people have suffered enough environmental degradation and therefore, this Court would not like to be a part of any further deterioration, said the Punjab & Haryana High Court while prohibiting the Haryana Government from felling 150 trees which are a century-old, for constructing a police station.Chief Justice Sheel Nagu and Justice Vikas Suri said, "if the concerned authorities...

High Court Issues Notices To Union, Punjab Govt On MP Amritpal's Plea; Seeks To Know Grounds Forming Basis For His NSA Detention

The Punjab and Haryana High Court today sought response from the Union and Punjab Government on plea filed by Amritpal Singh, a recently elected Member of Parliament who is detained under stringent National Security Act (NSA), challenging the entire proceedings as well as his preventive detention.Amritpal, since his arrest in April 2023 is lodged in Dibrugarh Jail. He won the 2024 Lok...

Encroachment Of Toll Plazas | Protestors Must Abide By Law, Shouldn't Traverse Others' Rights In Anxiety To Prove A Point: P&H High Court

The Punjab & Haryana High Court has said that protestors should not cross their rights in anxiety to put their point, in a plea filed by NHAI ( National Highway Authority of India) seeking security and administrative assistance for the smooth functioning of toll plazas in Punjab, against the alleged forceful stoppage of toll plazas and illegal operation of the same by the protestors....