Order For Property Attachment And Conditional Warrant Of Arrest Can Be Simultaneously Issued In Maintenance Proceedings: P&H High Court

The Punjab & Haryana High Court has made it clear that for recovery of maintenance amount under Section 125 CrPC, attachment of the property and issuance of conditional warrants of arrest can be done simultaneously.The corresponding Section for maintenance of wife, children and parents under the new criminal law is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). In the...

Punjab & Haryana High Court Seeks Report On Availability Of Disabled Friendly Infrastructure In All Lower Courts

The Punjab and Haryana High Court has directed the District and Sessions Judges of all Sessions Divisions in both the states to file a report on whether there is minimum requisite infrastructure available in their courts as per the Rights of Persons with Disabilities Act, 2016, for differently-abled persons.Chief Justice Sheel Nagu and Justice Vikas Suri said, "the District and Sessions Judges...

Married Persons Entering In Live-In Relationships Bring Bad Name, Violate Parents' Right To Dignity: Punjab & Haryana High Court

The Punjab and Haryana High Court has refused to grant protection to the already married live-in couples apprehending threat from their family members, observing that married couples who run away from their parental homes to be in live-in relationships are bringing a "bad name" to their parents and also violate the right of the parents to live with dignity.Adding that India is adopting...

Punjab & Haryana High Court Orders Release Of Man's Passport Embroiled In Cruelty FIR, Cites Impact On Resumption Of His Green Card

The Punjab and Haryana High Court has ordered the release of a man's passport, which is in custody of a trial court dealing with a cruelty FIR lodged by his wife.Justice Harpreet Singh Brar said that holding the passport would have "a truly detrimental effect with respect to the resumption of his Green Card" in United States of America.Petitiner had challengedMagistrate Court order dismissing...

Girls From Villages Along Patiala-Rajpura Highway Dropping Out Due To Far-Away Schools: High Court Takes Suo Moto Cognizance

The Punjab & Haryana High Court has taken suo moto cognizance of village girl students dropping out of schools due to non-availability of schools and infrastructure along Punjab's Patiala-Rajpura Highway.Chief Justice Sheel Nagu and Justice Vikas Suri said, "Learned State counsel is directed to submit report with regard to the plight of the students of High Schools (10th) and Higher...

PILs In Service Matters Not Maintainable, Apex Court's Earlier Ruling Still Prevails: Punjab & Haryana High Court

Relying on Supreme Court's precedent, the Punjab & Haryana High Court has said that Public Interest Initigation (PIL) on service matters is not maintainable.Chief Justice Sheel Nagu and Justice Vikas Suri referring to Apex Court's decision in Pratap Singh Bist v. The Director, Directorate of Education, Govt. Of NCT Of Delhi & Ors said, "it reveals that the issue as to whether a...

Police Was In Private Vehicle, False Case Can't Be Ruled Out: P&H HC Grants Bail To Man Booked For Possessing Commercial Quantity Of Contraband

Observing that "probability of his false implication cannot be ruled", the Punjab & Haryana High Court has granted bail to a man booked for allegedly possessing contraband of commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).Justice Sandeep Moudgil observed, "this Court can easily infer that the petitioner is not a habitual offender, and...

Pay Dues Of Panel Lawyer Or Face Exemplary Cost: Punjab & Haryana High Court To Union Govt

The Punjab & Haryana High Court has directed the Union Government to pay the "undisputed admissible" amount of over Rs.13.21 lakhs to a senior panel lawyer who appeared for the Union of India and if the payment is not made within stipulated time, an exemplary cost will be imposed.Justice Vinod S. Bhardwaj said, "the undisputed amount which remains outstanding is Rs.13,21,780/-. The...

'Autocratic Attitude': Punjab & Haryana HC Imposes ₹75K Cost On PGIMS Rohtak For Arbitrarily Terminating Employee's Contract

The Punjab & Haryana High Court has imposed litigation cost of Rs.75,000 on Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences (PGIMS, Rohtak) for terminating the contract of its employee arbitrarily despite her good performance and service of ten years.Justice Tribhuvan Dahiya said, "the argument advanced by learned counsel for the University that the petitioner has...

Accused Cannot Directly Approach High Court Against Eviction U/S 8(4) PMLA When Appeal Pending Before Tribunal: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that the accused cannot directly approach the High Court challenging eviction under Section 8 (4) of the Prevention of Money Laundering Act (PMLA) when the appeal in pending before the Tribunal.The provision states that where the provisional order of attachment made is confirmed, the possession of such property may be taken in such manner as...

Accused Bound To Join Investigation Under PMLA But Cannot Be Compelled To Make Self-Incriminating Statement: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the accused is duty-bound to cooperate in the investigation as per the summon issued under 50(2) of the Prevention of Money Laundering Act, 2002 (PMLA) but cannot be compelled to make an incriminating statement against himself in terms of the protection granted under Article 20(3) of the Constitution of India.Chief Justice Sheel Nagu and...

SC/ST Act | Offensive Statement Must Be Judged Based On Standards Of Reasonable Man, Not On Views Of Hypersensitive Person: Punjab & Haryana HC

The Punjab & Haryana High Court has quashed an FIR lodged under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) and IPC for allegedly passing casteist remarks against an IPS Officer and promoting enmity between different groups.The accused stated to be an activist had posted a comment on social media about the police atrocities along with video clips...