UAPA | P&H HC Releases Man Arrested In 2020 For 'Anti-National Activities' For Possessing Phone Containing 'Objectionable' Pictures Of Weapons

The Punjab & Haryana High Court has granted bail to a man who was arrested in 2020 for allegedly being involved in "anti-national" activities under the stringent Unlawful Activities (Prevention) Act (UAPA) in 2020.Justice Anupinder Singh Grewal and Justice Lapita Banerji noted that "only a mobile phone is alleged to have recovered from him which is stated to have contained...

Presumption Of Undervaluation Can't Be Drawn Just Because Of Higher MRP Rate On Product: Punjab & Haryana HC

The Punjab and Hayana High Court stated that the presumption cannot be drawn that invoices are undervalued merely because MRP Rate mentioned on the product is higher. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “it is also not a case of the State authorities that the invoices were different for the assessee in comparison to...

Amount Seized From Third Party Is Not Eligible For Adjustment Against Advance Tax Liability Of Assessee: Punjab & Haryana HC

The Punjab & Haryana High Court held that cash seized from possession of another person cannot be adjusted against Assessee's tax liability as advance tax paid by him. The Division Bench comprising Justice Sanjeev Prakash Sharma and Justice Jagmohan Bansal observed “From sub-section (3) of Section 132B, it is evident that person from whose custody assets is seized is entitled...

Punjab & Haryana HC Seeks State's Response On Plea By Jailed MP Amritpal Singh's Alleged Aide Gurmeet Bukkanwala Against NSA Detention

The High Court has sought response from the Punjab, Union Government and other authorities on plea filed by Gurmeet Singh Gill @ Gurmeet Singh Bukkanwala, an alleged aide of jailed MP Amritpal Singh, challenging his detention under National Security Act (NSA). Bukkanwala is currently lodged in Assam's Dibrugarh Central Jail. The bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal...

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to live...

Punjab & Haryana High Court Convicts DSP In 1995 Custodial Death Case

The Punjab and Haryana has convicted a Deputy Superintendent of Police (DSP) on count of murder, in a 1995 custodial death case.The Court was hearing an appeal filed by Punjab Government and complainant against acquittal of the DSP. One Gamdoor Singh was brutally tortured in police custody and succumbed to the injuries later. Along with three other police officer the Court held the DSP...

Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case

The Punjab & Haryana High Court has said that it will monitor the action taken against Punjab's real estate developer Jarnail Bajwa accused in over 50 FIRs pertaining to cheating investors.Bajwa was arrested a day after the Court summoned DGP Punjab over the lackadaisical approach of the Punjab Police in taking action against him and had sought details of cases registered against...

'Pendency In HC Is A Malady To Which Govts Are The Main Contributors': P&H High Court Calls For Policy To Ensure Accountability Of Govt Officers

The Central and the State Governments together form the biggest litigants in the country, especially at the High Court level, said the Punjab & Haryana High Court while flagging the contribution of the Government in the pendency of cases.In the case, the Court also warned the Punjab Government that it would impose a cost of Rs.10 lakh if a reply is not filed before the next date and the...

Courts While Dealing With Cancellation Reports In Matrimonial Cases Should Take Compassionate Approach: Punjab & Haryana High Court

The Punjab & Haryana High Court has said Courts should take a compassionate approach to dealing with cancellation reports in cases pertaining to marital discord, especially when the complainant herself accepts them.The police file a cancellation report after an investigation when no material is found against the accused to file the chargesheet.In the present case, the Court quashed the...

Punjab & Haryana High Court Flags Negligence Of Doctors In Conducting Post-Mortems, Seeks Response From State

The Punjab & Haryana High Court has flagged the lackadaisical approach of doctors in conducting post-mortem which hampers the fair trial in the criminal justice delivery system.Justice N.S. Shekhawat said, "...this Court is conscious of the importance of medical evidence in the disposal of criminal trial by the Courts at different levels. However, sadly nowadays, it has been noticed and it...

Cannabis Plants Freely Growing In Towns: Punjab & Haryana High Court Asks State Whether There Is Any Permanent Solution For The Problem

The Punjab & Haryana High Court has asked the Governments of Punjab, Haryana and UT Chandigarh to file a status report of the experts on whether there is any “permanent solution” to the problem of growing wild cannabis in the towns.Chief Justice Sheel Nagu and Justice Anil Kshetarpal were hearing suo moto cognizance taken on the issue of growing Cannabis plants indiscriminately all...

Terrorism In Punjab Was At Its Peak In 1980s, Dispensing Enquiry Against Cop With Alleged Ties To Militants Was Fair Since No Witnesses Would Come Forward: HC

The Punjab & Haryana High Court has held that it was just and fair to dismiss a constable allegedly having links with militants in 1988, without conducting an enquiry because terrorism was at its peak in Punjab at that time and no witnesses would have come forward.The Court set aside the order of a Trial Court whereby it set aside the order of the Police Authorities to dismiss a...