Punjab and Haryana High Court
Punjab & Haryana High Court Seeks To Know If HC Campus Overlaps Sukhna Catchment Area Where Construction Is Prohibited
The Punjab and Haryana High Court has directed a Technical Experts Committee to submit whether the High Court campus overlaps the Sukhna catchment area or not.The Sukhna catchment area is the surrounding demarcated region of Sukhna Lake, which is a protected site according to environmental norms. In 2020, the High Court directed the demolition of all buildings constructed in the catchment area...
Punjab & Haryana High Court Suo Motu Stays Single Bench Order With Unwarranted Comments Against Supreme Court
The Punjab & Haryana High Court today, took suo motu cognizance of the comments "lowering the majesty and dignity of Apex Court" made in the order passed by Justice Rajbir Sehrawat.In an unusual order, the judge criticised the Supreme Court for staying the contempt proceeding of the High Court, observing that there was a tendency on the part of the Supreme Court to presume that it was...
'Monster Like Conduct': Punjab & Haryana High Court Confirms Death Penalty To Man Who Kidnapped, Murdered 7 Yrs Old
Observing that the incident is an example of "monster like conduct", the Punjab & Haryana High Court has confirmed death penalty awarded to a man for kidnapping and murdering a 7-year-old boy in 2010.Justice Sureshwar Thakur and Justice Sudeepti Sharma, "the instant case is of the gruesome murder of a child. It exemplifies dehumanized, besides monster like conduct of the convict-...
Mother Of IAS Officer Shot Dead In Chandigarh Court Moves High Court Seeking Police Protection
The Punjab and Haryana High Court today directed a one Kuldeep Singh, who allegedly “hand in glove” with the accused in the Chandigarh Court firing case to remain present in the police station tomorrow.The development comes in a protection plea filed by the mother of Harpreet K. Singh, an IAS officer who was shot dead in the harrowing incident on August 3. The shots were allegedly fired...
Orders Not Passed On Merits Can Be Recalled By HC To Prevent Abuse Of Process: Punjab & Haryana High Court
The Punjab & Haryana High Court has recalled its order observing that the bar of Section 362 of Criminal Procedure Code would not apply on recalling orders which are not passed on the merits of a case.Section 362 of CrPC states that, "save as otherwise provided by the Code or by any other law, no Court, when it has signed its judgment or final order disposing of a case, shall alter or...
Wife Lodging FIR Against Husband Leading To His Conviction Is 'Mental Cruelty', Doesn't Deserve Alimony: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that wife's action of lodging FIR against the husband in which he is convicted amounts to mental cruelty inflicted on husband. It thus dissolved the marriage of a couple upon the convicted husband's plea.Justice Sureshwar Thakur and Justice Sudeepti Sharma said,"...wife lodged an FIR against the appellant/husband, resulting in the appellant's...
High Court Sets Aside Removal Of Jagraon Municipality President, Says 'Honest Exercise' Of Power Is Not 'Abuse Of Power' Even If Erroneous
Observing that "an honest exercise of power, though it may be erroneous, is not an abuse of power", the Punjab & Haryana High Court has set aside the order to remove the President of Punjab's Jagraon Municipal Corporation.The president was removed on allegations of abuse of power by issuing appointment letters to selected contractual employees prior to the programme being fixed...
Couple Divorced By Mutual Consent Can Marry Again But Cannot Challenge Divorce Decree In Appeal Under HMA: Punjab & Haryana HC
The Punjab and Haryana High Court has held that an appeal against the dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act (HMA) would not be maintainable on the ground that the couple wants to live together as husband and wife again.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Permitting parties to subsequently retract their sworn statements...
Construction Of Public Library Forms Part Of Charitable Function, Eligible For Section 80G Exemption: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that the construction of public libraries forms part of a charitable function and is eligible for the exemption under Section 80G of the Income Tax Act.The bench of Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth has observed that the ancillary work, which may be carried out by the society for the purpose of enhancing education, would also...
Doctors Prevented From Inspecting Hospital Under PNDT Act: High Court Directs Punjab Govt To Ensure Act Is Followed 'In Letter And Spirit'
The Punjab & Haryana High Court has directed the Punjab Government to comply with the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PNDT Act) in "its letter and spirit."The development came after the Court found that a team of doctors was allegedly restrained from inspecting a hospital under the provisions of the PNDT Act and no FIR had been lodged...
Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail
Observing that continued absence of prosecution witnesses is alarming in NDPS cases, especially given the severe drug menace in Punjab region, the Punjab & Haryana High Court has said that "since the trial has been delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail."Previously,...