Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024

Nominal Index [Citations 166-176]Manpreet Kaur v. State of Punjab 2024 LiveLaw (PH) 166Mrs. Shiv Dei Guleria v. Union of India and Ors 2024 LiveLaw (PH) 167Jitender Jatasra v. State of Haryana & Ors. 2024 LiveLaw (PH) 168Varinder Pal Singh Dhoot V. UOI & Anr. 2024 LiveLaw (PH) 169Gurpreet Singh Sabharwal v. State of Haryana and others 2024 LiveLaw (PH) 170Ritu v. State of Haryana...

Wrong Assessment U/s 44ADA By AO Attracts Revisionary Interference: Punjab & Haryana HC Upholds Revision By PCIT U/s 263

The Punjab & Haryana High Court recently upheld the revisional order passed by the Principal CIT u/s 263 by setting aside the assessment wrongly passed by the AO u/s 44ADA. The power under section 263 of the Income tax Act can be exercised where the order of the Assessing Officer is erroneous and prejudicial to the interest of the revenue. Whereas, Section 44ADA of the...

P&H High Court Seeks Explanation From Public Prosecutor & Trial Judge For Ignoring HC Order, Continuing Case Which Had Already Been Quashed

The Punjab and Haryana High Court has sought an explanation from a Trial Court judge and a Public Prosecutor as to why contempt proceedings should not be initiated against them for disregarding the High Court's order by continuing a criminal proceeding which had already been quashed.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "it appears that the learned trial Court concerned,...

Depriving People Of Regular Employment Is Exploitation, Long Service Of Two Decades Cannot Be Considered Part-Time: P&H High Court

Flagging the "exploitation" of the State government by tagging Class-IV employees as part-time workers, the Punjab & Haryana High Court has made it clear that long service of two decades cannot be assumed to be a "part-time service."Chief Justice Sheel Nagu and Justice Jagmohan Bansal said, "Unemployment in the nation is well known. A long service of two decades cannot be assumed to be...

'Won't Be A Part Of Any Further Environmental Degradation': High Court Restrains Haryana Govt From Felling 150 Trees To Construct Police Station

We the people have suffered enough environmental degradation and therefore, this Court would not like to be a part of any further deterioration, said the Punjab & Haryana High Court while prohibiting the Haryana Government from felling 150 trees which are a century-old, for constructing a police station.Chief Justice Sheel Nagu and Justice Vikas Suri said, "if the concerned authorities...

High Court Issues Notices To Union, Punjab Govt On MP Amritpal's Plea; Seeks To Know Grounds Forming Basis For His NSA Detention

The Punjab and Haryana High Court today sought response from the Union and Punjab Government on plea filed by Amritpal Singh, a recently elected Member of Parliament who is detained under stringent National Security Act (NSA), challenging the entire proceedings as well as his preventive detention.Amritpal, since his arrest in April 2023 is lodged in Dibrugarh Jail. He won the 2024 Lok...

Encroachment Of Toll Plazas | Protestors Must Abide By Law, Shouldn't Traverse Others' Rights In Anxiety To Prove A Point: P&H High Court

The Punjab & Haryana High Court has said that protestors should not cross their rights in anxiety to put their point, in a plea filed by NHAI ( National Highway Authority of India) seeking security and administrative assistance for the smooth functioning of toll plazas in Punjab, against the alleged forceful stoppage of toll plazas and illegal operation of the same by the protestors....

P&H High Court Expresses Distress Over Motor Accident Insurance Claims Pending Since 2006-07, Directs Registry To Notify Companies

Expressing "distress" over the pendency of Motor Accident Claim Tribunal (MACT) cases in the High Court, the Punjab & Haryana High Court has said that in case any panel counsel of the Insurance Companies fails to appear, without seeking adjournment, the Court will ask other available counsel for the Company to assist the Court.Justice Sudeepti Sharma said, "This Court is distressed to...

Punjab & Haryana High Court Imposes 50K Cost On Woman For 'Harassing' Estranged Husband By Filing Complaint After Mutual Divorce

Observing that the surreptitious attempt "needs to be curbed with iron an iron hand", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a woman for harassing her former husband by filing a complaint "to seek personal vengeance" that divorce by mutual consent was obtained by fraud.Justice Sumeet Goel said, "The inevitable conclusion that emerges is that the impugned...

High Court Seeks Response From Punjab Govt On Plea To Reserve Seats In Promotions For Disabled Govt Employees

The Punjab and Haryana High Court has sought response from the Punjab Government on Public Interest Litigation (PIL) seeking reservation in promotion for Group A, B, C, D employees` as per Rights of Persons with Disabilities Act, 2016.Chief Justice Sheel Nagu and Justice Anil Kshetarpal issued notice of motion to the Punjab Government.Divyang Employees Association filed the PIL claiming...

High Court Calls For Chandigarh Municipal Corporation's Response On Plea Seeking Cremation Facility For Deceased Pets

The Punjab & Haryana High Court on Monday sought a response from UT Administration, Municipal Corporation of Chandigarh, Panchkula and Mohali on Public Interest Litigation (PIL) filed seeking directions to provide a facility for the cremation of dead pet animals.Considering the petition, Chief Justice Sheel Nagu and Justice Anil Kshetarpal issued notice to Chandigarh Administration,...

Every Law Based On Ways Of Life Preached From Ancient Times, Immoral Acts Not Acceptable To Society Became Criminal Offences: High Court

While raising suspicion on the 'nikah' performed by a couple seeking protection the Punjab & Haryana High Court said that all laws are based on way of life, and acts not acceptable to society were defined as offences by the Bhartiya Nyaya Sanhita (BNS).The Court doubted the correctness of the pleadings by noting that the couple and witnesses were from different states and in the...