Writ Court May Award Compensation On Account Of Breach Of Public Duty In Addition To Claim Of Tort Under Private Law: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a writ Court may award compensation to a person aggrieved in addition to the independent right of the party to claim compensation under the private law in a civil action based on tort.These observations came in response to the plea filed for compensation on account of the death of a child who was allegedly electrocuted after a...

12-Yr-Old Sexual Assault Victim Wouldn't Be Able To Mentally Comprehend Crime, Delay In Lodging FIR Not Fatal To Case: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed the appeal file against the conviction for sexual assault committed under the Protection of Children from Sexual Offences Act (POCSO Act) on 12-year-old girl, observing that, seven days delay in lodging the FIR is not fatal to the case.Justice Nidhi Gupta said, "It has to be understood that upon having been sexually assaulted by the appellant,...

NI Act | Court Cannot Compel Complainant To Give Consent U/S 482 CrPC For Compounding Offence: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed the plea seeking direction to the complainant to compound the offence committed under the Negotiable Instrument Act (NI Act).The Court noted that the dispute between the parties is of over 1.73 crores which was outstanding as on March 03, 2016.Justice Kuldeep Tiwari said, "...this Court cannot compel the complainant to give his consent, or, in...

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

Right To Life higher pedestal, regardless of a citizen being minor or a major."

Dog Bites: Punjab & Haryana High Court Issues Notice On Contempt Plea Alleging Minimum Compensation Not Paid

The Punjab & Haryana High Court has taken a stern stand on alleged non-compliance with the High Court's order to grant a minimum compensation of Rs.10,000 per tooth mark in case of dog bites.While issuing a contempt notice, Justice Rajbir Sehrawat said, "...it is clarified that the court will not accept any justification for non-compliance, even if the same is based on some perceived...

[NI Act] If Interest Is Claimed On Cheque Which Doesn't Include Interest Component, It Does Not Remain Legally Enforceable Debt: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that if interest is claimed on a cheque which does not include an interest component either by adjustments or by filling in the amount, the said cheque does not remain a legally enforceable debt or other liability under Section 138 of Negotiable Instrument Act (NI Act).The Court quashed the complaint lodged under Section 138 NI Act,...

'Could Have Shown Resistance To Prevent Accused, Woman Was Consenting Party': Punjab & Haryana High Court Upholds Acquittal Of Man Accused Of Raping House-Help

The Punjab & Haryana High Court has upheld the acquittal of a man who was accused of committing rape on his house help, observing that the prosecution failed to bring home guilt to the accused beyond a reasonable doubt.Justice Sureshwar Thakur and Justice Lalit Batra noted that "The victim/ prosecutrix, a matured lady aged 35 years, could certainly put up the stiffest resistance...

Gurmeet Ram Rahim Moves Punjab & Haryana High Court Seeking Furlough To Attend Dera Bhandara

Dera Sacha Sauda Chief Gurmeet Ram Rahim has again approached the Punjab & Haryana High Court seeking directions to the State to consider his application for furlough for 21 days in accordance with the Haryana Good Conduct Prisoner (Temporary Release) Act, 2002.A division bench of Justice Vinod S. Bhardwaj and Justice Vikram Aggarwal, deferred the matter today, to after vacation for July...

Pregnant Prisoner Accused Of Grave Offence Deserves Interim Bail Extending To One Year After Delivery, Subject To Safeguards: Punjab & Haryana HC

The Punjab and Haryana High Court has granted interim bail to a pregnant prisoner accused under NDPS Act, upto an year postpartum, observing that, "even when the offenses are highly grave and accusations very severe, they still deserve temporary bail or suspension of the sentence, extending to a year after delivery."Considering the "everlasting detrimental impact" that birth in prison may have...

Punjab & Haryana HC Rejects Estranged Wife's Plea For Enhanced Maintenance, Says Not Far Fetched To Assume Adult Sons Will Support Her

The Punjab and Haryana High Court has dismissed the plea for enhancement of Rs.7,500 monthly maintenance amount granted to a woman by the trial court, who has been living separately from her husband.Justice Nidhi Gupta noted, "it has...been admitted by learned counsel for the petitioner that the two sons of the parties had attained majority and are currently living with the petitioner. It...

Punjab & Haryana HC Imposes 50K Cost On Lawyer Accused Of Hurting Religious Sentiments In WhatsApp Message, Asks Bar Council To Keep Vigil On His Conduct

The Punjab & Haryana High Court has directed the Bar Council of Punjab and Haryana to "ensure to keep a vigil on the act and conduct" of a lawyer who was accused in an FIR of posting an objectionable message against Hindu deities on a WhatsApp group.While quashing the FIR on the basis of the compromise deed, Justice Kuldeep Tiwari said, "a copy of this order be also forthwith forwarded to...

Not Equipped With Modern Fire Fighting Techniques: Forest Officer Tells High Court After Forest Fires In Haryana's Morni Hills

In aftermath of the massive forest fires in Haryana's Morni Hills, the area Divisional Forest Officer conceded before the High Court that "the department is not equipped with modern fire fighting techniques like aerial watering."The Divisional Forest Officer of Morni-Pinjore Division submitted that the department had successfully doused and controlled the initial fire that broke out in...