Magistrate Writes "State Absconded" In Arrest Warrant, Punjab & Haryana HC Laments Non-Application Of Mind, Quashes Subsequent Proclamation Order

Observing that it was a "total non-application of judicious mind", the Punjab and Haryana High Court has set aside the proclamation order issued by a Judicial Magistrate subsequent to issuance of an arrest warrant (under wrong provision) where Magistrate wrote the "State has absconded", instead of name of accused.The Warrant Serving Officer pasted the arrest warrant on the wall considering it...

Interest Can Be Waived In Situations Beyond Assessee's Control In Timely Filing Of Returns: Punjab And Haryana High Court

The Punjab and Haryana High Court ruled that interest for late filing of income tax returns can be waived in situations where the delay was beyond the control of assessee. The Bench of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “….while exercising the discretion by the Settlement Commission, no reasons have been assigned as to why the interest has been...

'Surprising That Unelected Members Are Permitted To Run Show': HC Asks Punjab Chief Secy Why Civic Body Polls Were Not Held Despite Constitutional Mandate

The Punjab & Haryana High Court has expressed surprise at how unelected representatives were permitted to run the functions of the Punjab Municipality since no elections had been conducted since the last Municipal Councils and Corporations expired in December 2022 and January 2023 respectively.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "It is surprising that no elections...

Proving Electronic Evidence With Certificate Not Required If Other Corroborating Evidence Is Sufficient To Prove Guilt: P&H High Court

The Punjab & Haryana High Court has upheld the conviction of the accused in a dacoity and murder case, observing that even if there is non-compliance with Section 65-B of the Evidence Act in proving electronic evidence, the same will not be a ground to set aside the conviction.The bench upheld the conviction awarded by the trial court which convicted the accused persons on the basis of...

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas corpus plea of a man, who...

Adultery Not An Obstacle For Granting Custody To Mother Of Minor Child: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a mother entering into adultery is not an obstacle for her to receive custody of a minor child as she is still capable of giving motherly love to her children.The Court directed the husband to restore the custody of the wife's two minor children during the pendency of the plea while remanding the matter back to the Family Court.Justice...

Once Service Of Similar Situated Employee Is Regularised By Dept, Denying Same Benefit To Others Violates Article 14: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that not regularising the service of an employee despite giving the same benefit to other employees would be a violation of Articles 14 and 16 of the Constitution.Justice Namit Kumar said, "Once services of the similarly situated persons have been regularized by the respondent department, there is no justification for denying the said...

HC Can Entertain Plea U/S 528 BNSS To Monitor Probe By Forming SIT But Sufficient Cause For Not Approaching Magistrate Should Be Shown: P&H HC

The Punjab & Haryana High Court has made it clear that a High Court under Section 528 BNSS can entertain a plea for registering an FIR and monitoring an investigation by forming a Special Investigating Team (SIT) but the complainant should show a sufficient reason for not approaching the Ilaqa Magistrate firstJustice Sumeet Goel said, "In a given case, if the facts/circumstances so...

While Quashing Case For Abetment To Suicide, Court Must Apply Test Of How Normal Person Would React When Faced With 'Incidents Of Harassment': P&H HC

The Punjab & Haryana High Court has said that while quashing FIR on abetment to suicide the Court must test how a normal person would react to the alleged incidents of harassment.The Court quashed the FIR lodged on abetment to suicide for allegedly compelling the deceased to end his life on account of harassment he faced because the accused persons refused to pay his dues.Justice Jasjit...

Land Acquisition Act | Once Market Value Of Land Is Determined On Evidence, Reference Court Not Justified In Reducing Compensation: P&H High Court

The Punjab & Haryana High Court said that the reference court cannot reduce compensation for land acquisition merely on the assertion of the party when the market value has already been decided on evidence under the Land Acquisition Act, 1898.Justice Rajbir Sehrawat said, "Once the market value has been determined on the basis of the evidence led on file, the reference court is not...

'Misuse Of NDPS Act By Police Undermines Public Trust': Punjab & Haryana HC Seeks DGP's Report On Alleged False Drugs Case Against Man

The Punjab & Haryana High Court has taken a stern stand on the allegation of false implication of a man in a drugs case by police, observing that the misuse of the NDPS Act by police undermines public trust in law enforcement and diverts the attention from genuine efforts to combat drug-related crimes.It was alleged that the petitioner was booked in a false FIR under the NDPS Act by...

Child Of Tender Age Has Fundamental Right To Love Of Both Parents: Punjab & Haryana HC Directs Father To Handover Infant To Mother, Grants Visitation

The Punjab and Haryana High Court directed a father to handover custody of 8-month-old child to the mother and allowed visitation rights to his father, observing that, " child's welfare and best interest also includes ensuring that the child is not deprived of the affection and company of the father."Justice Kirti Singh said, "When the parents are in conflict, the child's well-being should...