'Cruelty' Element Missing: Punjab & Haryana High Court Sets Aside Dowry Death Conviction Of Husband, Mother-In-Law After 20 Yrs

Observing that, "basic requirement of cruelty or harassment soon before the death to bring the case within the ambit of Section 304-B IPC is absent", the Punjab & Haryana High Court has set aside the conviction for dowry death in a 24 years old case.The High Court opined that it was a case of suicide as the victim had history of epilepsy and was suffering with depression, the Trial...

[Industrial Discharge] When Remedy Against Order Passed Under Water Act Available Before NGT, HC Can't Interfere: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that when remedy against an order passed by Pollution Control Board under Section 33A of the Water Act, 1974, against an industry discharging effluents, lies before the National Green Tribunal (NGT), the High Court cannot interfere.The impugned order against a Cold Storage was passed under Section 33A of the Water (Prevention and Control...

Application For Certification Of 'Emergency' Movie Is Pending, Will Ensure No Offensive Content Is Certified: CBFC To Punjab & Haryana High Court

The Central Board of Film Certification (CBFC) today submitted before the Punjab & Haryana High Court that an application for certification of the "Emergency" movie has been received but pending consideration and as of yet no certificate has been issued to the movie.The CBFC also known as Censor Board is a statutory film-certification body in the Ministry of Information and Broadcasting...

No Legal Provision To Grant Interim Bail To Accused Under UAPA: Punjab & Haryana High Court

The Punjab & Haryana High Court has refused to grant interim-bail to a man accused under the Unlawful Activities (Prevention) Act (UAPA), observing that there is no such provision either under Criminal Procedure Code (CrPC) or special provision.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "there is no provision either in the Cr.P.C. or in the special statute (supra),...

'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...