Punjab and Haryana High Court
Professional Sureties Have Become The Norm Since Criminal Courts Are Not Releasing Accused On Personal Bonds: Punjab & Haryana High Court
The Punjab & Haryana High Court has issued a slew of directions with respect to Aadhaar Authentication Services in all the court premises, observing that the practice of "professional sureties" is increasing because courts do not release accused persons on bail on personal bonds.Justice Pankaj Jain said, "The professional sureties have become the norm as the genuine sureties are wary...
Punjab & Haryana High Court Acquits Gurmeet Ram Rahim In Ranjit Singh Murder Case
The Punjab & Haryana High Court has acquitted Dera Sacha Sauda chief Gurmeet Ram Rahim Singh in the Ranjit Singh murder case. A CBI Court in Haryana's Panchkula in 2021 had sentenced him and four other accused to life imprisonment after they were convicted for hatching conspiracy to murder the former Dera manager Ranjit Singh in 2002.A division bench of Justice Sureshwar Thakur and...
Punjab & Haryana High Court Seeks Status Report On PIL Filed Seeking Online Case Monitoring System For Permanent Lok Adalat
The Punjab & Haryana High Court has sought a status report from the Union, Governments of Punjab, Haryana, Chandigarh administration and other authorities on the PIL filed seeking an online case monitoring system for all the Permanent Lok Adalat functioning under the Legal Services Authorities Act, 1987.Acting Chief Justice GS Sandhawalia and Justice Aman Chaudhary issued notice to the...
Cause Of Quarrel Or Who Offered Provocation Is Irrelevant When Pleading Grave & Sudden Provocation As An Exception To Murder: P&H High Court
The Punjab & Haryana High Court has set aside a murder conviction and converted it into culpable homicide not amounting to murder, observing that the cause of the quarrel is an irrelevant factor to determine whether the act will be covered under the exception of murder, "grave and sudden provocation."A division bench of Justice Gurvinder Singh Gill and Justice N.S. Shekhawat said, "The...
Unreasonable To Expect Spouse To Document Every Instance Of Mental Cruelty With Forethought That It May Later Be Needed As Evidence For Divorce: Punjab & Haryana HC
The Punjab & Haryana High Court has upheld the divorce decree granted for committing mental cruelty upon husband observing that, it is unreasonable to expect a spouse to meticulously document every instance of cruelty with the forethought that it may be needed as evidence in a future divorce proceeding.While dismissing the appeal against the divorce decree, the Court rejected the...
No Illegality: High Court Dismisses Punjab AAP MLA Jaswant Singh's Plea Challenging His Arrest By ED
The Punjab and Haryana High Court has dismissed Aam Admi Party (AAP) Punjab MLA Jaswant Singh's plea challenging his arrest by the Enforcement Directorate (ED).The Court rejected the contention that the material in possession against him, including the memo of arrest and the grounds of arrest had been sent to the Adjudicating Authority two days after the arrest whereas it should have been...
Unsafe To Rely On Solitary Testimony Of Victim: Punjab & Haryana High Court Acquits Men Accused Of Committing Gang Rape
The Punjab & Haryana High Court has upheld the acquittal of persons accused of committing gang rape, observing that the testimony of the prosecution is not sufficient to convict in the absence of corroboratory evidence.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "we are of the opinion that the learned Trial Court while appreciating the entire evidence in...
Assessment Order Passed Without Conducting Search And Seizure Not Sustainable In Law: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that once the search and seizure were conducted and an assessment order was passed by invoking Section 153A of the Income Tax Act for the AY 2006-07 to 2012-13, a fresh order without conducting a search and seizure operation would not be sustainable in law.The bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma has observed that...
Punjab & Haryana High Court Denies Relief To Municipal Committee VP Who Challenged No-Confidence Motion While Contesting Fresh Elections, Says Right Waived Off
The Punjab & Haryana High Court has dismissed a plea challenging a no-confidence motion passed against the Vice President (VP) of Haryana's Municipal Committee, Uklana, observing that he waived off his right by participating in the fresh elections held for the post of VP.The petitioner had also sought a stay against holding fresh elections to the post of VP.Justice Sudhir Singh and...
S.96 Insolvency & Bankruptcy Code | When Proceeding Under NI Act Is Not In Respect Of Any Debt, It Can't Be Stayed: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that when proceeding under Negotiable Act (NI Act) is not debt then it cannot be stayed under Section 96 of the Insolvency and Bankruptcy Code (IBC).According to Section 96 of the IBC, during the interim moratorium period, any legal action or proceeding pending in respect of 'any debt' shall be deemed to have been stayed. While dismissing...
Whether Subsequent Events Can Be Taken Into Consideration While Considering Divorce Plea? Punjab & Haryana High Court Explains
The Punjab and Haryana High Court has made it clear that events subsequent to filing of divorce plea can be considered by the Court to grant divorce.The Court noted that while the divorce plea filed by the husband was pending, he, along with his family, was acquitted in criminal cases lodged by the wife.Justice Sudhir Singh and Justice Harsh Bunger said, "the subsequent events i.e. acquittal...
Blinkit Delivering Cigarettes To Minors? Punjab & Haryana High Court Directs State To 'Take Corrective Steps' If Allegations Found True
The Punjab & Haryana High Court has directed the State authorities to take corrective steps if the allegations that Blinkit is delivering cigarettes to minors within minutes are correct.The development came while hearing a Public Interest Litigation (PIL) filed seeking prohibition on access of tobacco items to minors from online platforms.While issuing notice to Union and State...