[S.319 CrPC] Power Of Summons Can't Be Used Simply Because Prosecution Believes Someone Else Might Be Guilty Of Offence: Punjab & Haryana HC

The Punjab & Haryana High Court has reiterated that the power of summoning any person, not originally challaned or named as an accused, to the proceedings under Section 319 CrPC, cannot be used simply because the prosecution or complainant believes that someone else might also be guilty of the offence.Justice Manjari Nehru Kaul said, "It thus is abundantly clear that the powers under...

Panjab University Calendar | Every Teacher Should Be Given Chance To Head Department On Rotation Basis, Irrespective Of Seniority: High Court

Interpreting the Panjab University Calendar Volume III, the High Court has observed that irrespective of the stature as junior and senior in the teaching department, everyone has to be given chance of Headship to lead the department on rotation basis.Justice Sanjay Vashisth said, "this Court has no hesitation in observing the correct interpretation of the Rules, looking at the intent and...

High Court Raps Chandigarh Admin For Denying Certificate To Shooter Aspiring To Take Admission In Law School From Sports Quota

The Punjab and Haryana High Court has slammed the Sports Department of Chandigarh Administration for not issuing Sports Gradation Certificate to a national level-shooter who played for the UT, on the ground that he was not a student from school recognised by the Administration.The sportsperson was aspiring to take admission in law school of Panjab University, through sports...

Punjab & Haryana High Court Weekly Round Up: June 17 - June 23, 2024

Nominal Index [Citations 210 - 221]Anju v. Rama Gupta 2024 LiveLaw (PH) 210XXXX v. State of Punjab and others 2024 LiveLaw (PH) 211Surinder Kumar Bindal & Anr v. Satinder Nath Radhey Shyam & Sons. 2024 LiveLaw (PH) 212XXX v. XXX 2024 LiveLaw (PH) 213Deepak Sharma & Anr. v. State of Haryana & Ors. 2024 LiveLaw (PH) 214Brij Lal v. State of Punjab & Ors. 2024 LiveLaw...

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code (CrPC) but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory mandate...

Punjab & Haryana HC Enhances Compensation For Accidental Death Of 'Brilliant' Class 3 Student, Calculates Notional Income As 30K Per Annum

The Punjab & Haryana High Court has observed that the notional income of a brilliant student, studying in 3rd grade who met with an accident in 2007, will be Rs.30,000.Justice Archana Puri said, "considering the deceased to be a brilliant student, studying in 3rd class, at the relevant time and also considering the devaluation of rupee, in the modest estimate, the notional earnings of...

Punjab & Haryana High Court Monthly Digest: May 2024

Nominal Index [Citations 136 - 190]XXX v.XXX 2024 LiveLaw (PH) 136Kailash Chand Soni v. State of Haryana and others 2024 LiveLaw (PH) 137Dilip @ Dileep Kumar Tripathi v. State of Punjab 2024 LiveLaw (PH) 138Ram Mehar Singh vs The State of Haryana and others 2024 LiveLaw (PH) 139XXXX v. XXXX 2024 LiveLaw (PH) 140Gopi Chand Chaudhary v. State of Haryana and others 2024 LiveLaw (PH)...

No Statutory Requirement That Accused Must Put Signature On Bail Bond In Court Or In Presence Of Police Officer: Punjab & Haryana High Court

The Punjab & Haryana High Court has made a significant observation with respect to filing of bail bond, that there is "no statutory requirement" that the accused must put their signatures on it, in the presence of the Police officer or in the Court.While granting anticipatory bail in the corruption case, Justice Anoop Chitkara allowed a 75-year-old elderly woman suffering from...

'Would Cause Irreparable Loss If Not Allowed': Punjab & Haryana High Court Allows Prisoner Accused In Murder Case To Appear For LLM Exam

The Punjab & Haryana High Court has allowed an accused imprisoned in a murder case to appear in the LLM exam, observing that if he is not allowed, then "irreparable loss" would be caused.Justice Vikas Bahl noted that the prisoner has been a meritorious student, attained good grades in LLB and has also done 25 courses from various Foreign Universities.The Court opined that "in case...

'Impossible For Police To Plant Heavy Contraband': Punjab & Haryana High Court Dismisses Appeal Of Men Convicted For Possessing 25 Kg Heroin

The Punjab & Haryana has dismissed the appeal challenging the conviction under the NDPS Act for possessing 25 kg heroin. The Court rejected the argument that the contraband was planted by the police and that accused persons were falsely implicated in the case.Justice Gurvinder Singh Gill and Justice N.S. Shekhawat said, "the recovery of the contraband was too heavy and it was impossible...

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".While noting that there is no merit in the petition, a devision bench of Justice Sureshwar Thakur and Justice Ritu Tagore said,...

'16-18 Yr-Old Children Need Mother's Attention': Punjab & Haryana HC Grants Bail To Mother Convicted Of Causing Sister-In-Law's Dowry Death

The Punjab & Haryana High Court has granted bail and suspended the sentence awarded to a woman for committing dowry death of her sister in law. The Court noted that the woman is the mother of two teenagers, who would require her care.Justice Harpreet Kaur Jeewan said, "keeping in view the fact that the children aged 16 years and 18 years require personal care and attention of their mother...