Offences Under IPC Or Arms Act Discovered By ED While Searching Under FEMA Can Be Treated As Predicate Offences Under PMLA: Punjab & Haryana HC

The Punjab & Haryana High Court has dismissed the plea seeking quashing of the Enforcement Case Information Report (ECIR) lodged under PMLA on the basis of a search conducted under the Foreign Exchange Management Act, 1999 (FEMA). The predicate offence was the FIR lodged pertaining to visa fraud under Sections 472 (Making or possessing counterfeit seal, etc., with intent to commit...

Individuals May Be Granted Security Cover Due To Threat Perception On Full Payment Basis: Govt's Tell Punjab & Haryana High Court

The Governments of Punjab and Haryana and UT Chandigarh have submitted a Standard Operating Procedures (SOP) on providing security cover to individuals against threat perception and also about charges payable against it.The development came after Justice Harskesh Manuja had sought details from the Punjab DGP on security cover provided to VIPs and individual persons under the State...

[POCSO] Accused's DNA Not Matching With Victim's Vaginal Swab, Absence Of Semen Doesn't Rule Out Penetrative Sexual Assault: P&H High Court

The Punjab & Haryana High Court has said that non-matching of the DNA of the accused with the vaginal swab of the alleged victim and the absence of semen from the vaginal swab would not rule out the offence of “penetrative sexual assault” under the Protection of Children from Sexual Offences Act (POCSO) when the victim has supported her version in a recorded statement.Justice...

Second Plea For Parole Merely Due To Change In Date Of Daughter's Marriage Not Maintainable: Punjab & Haryana High Court

The Punjab & Haryana High Court has rejected the second plea for parole of a man convicted under the NDPS Act, filed to attend his daughter's marriage, observing that a fresh plea merely on the ground of change of date of marriage is not maintainable.Justice Kuldeep Tiwari said, "this Court is unable to comprehend, how a fresh petition is maintainable merely on the change of the date...

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...