'Traumatic Situation', False Allegations Of Sexual Assault By Wife Against Husband's Relatives Amounts To Cruelty: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a false allegation of sexual assault by a wife against a husband's relatives amounts to cruelty and can be a ground for divorce.A division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "Levelling the allegations of sexual assault against all the male members of the family and the factum of them having been found...

[Mental Health Care Act] Punjab & Haryana High Court Seeks Response From State On Plea To Establish Community Home For Persons With Mental Illnesses

The Punjab & Haryana High Court has sought response from both the states on Public Interest Litigation (PIL) filed seeking directions to establish community-based group homes for persons with mental illness and to frame comprehensive guidelines as per the Mental Health Care Act, 2017.Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji issued notice to the Governments of...

'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy

Observing that if the child is born "shall be a reminder of trauma and agony she had to undergo", the Punjab & Haryana High Court has allowed the termination of pregnancy of a married woman who was allegedly sexually assaulted by her husband.Justice Vinod S. Bhardwaj said, "It can also not be lost sight of the fact that the pregnancy is claimed as an outcome of unwanted relationship which...

Youth In Punjab Cross Borders In Hope Of Untapped Opportunities; Visa Thugs Make Mockery Of Their Aspirations: Punjab & Haryana High Court

Visa thugs are making mockery of public aspirants and needs to be dealt sternly observed the Punjab & Haryana High Court, while rejecting a pre-arrest bail plea of a travel agent who were accused of defrauding a man by taking Rs.50 lakhs to process Visa to send his children to Canada for employment.Justice Anoop Chitkara observed, "...youth of Punjab aim at crossing borders in hopes to...

Punjab & Haryana HC Seeks Response From Union, State Govt On Class 10 Student's Plea To Prevent Minors From Accessing Tobacco Items From Online Platforms

The Punjab & Haryana High Court on Saturday, has sought response from Union Government and state authorities on Public Interest Litigation (PIL) filed seeking prohibition on access of tobacco items to minors from online platforms.While noting the gravity of the issue Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji issued notice to Union Government, State Governments...

S.52A NDPS Act | Contraband Becomes Primary Evidence Only When It Is Tested Through Magistrate: Punjab & Haryana High Court

The Punjab & Haryana High Court has set aside the conviction of a man under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) , observing that there was no evidence that magistrate was present when the sample was drawn from the bulk, hence the contraband produced by the prosecution cannot be considered as a "primary evidence."Referring to Section 52 (4) of NDPS Act,...

Punjab & Haryana High Court Expresses Concern Over Growth Of Wild Cannabis, Flags State Inaction & Calls For Status Report

It is a matter of grave concern wherein narcotic drugs are "playing havoc" in the life of the young generation and needs to be addressed, observed the Punjab & Haryana High Court on the issue of wild cannabis growing in Chandigarh, Mohali and Panchkula.Highlighting the State inaction the bench said, "the State machinery, who have an onerous duty but seems have to failed or is turning a...

[S. 311 CrPC] Prosecution Can Never Be Allowed To Fill Lacuna, Courts Should Decide Plea On 'Test Of Essentiality Of Evidence': Punjab & Haryana High Court

The Punjab & Haryana High Court has recently said that the prosecution can never be allowed "to fill up the lacuna by film plea under Section 311 CrPC and the Court's determination of the application should be based only on the "test of essentiality of evidence."According to Section 311, "any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any...

Division Bench In Letters Patent Appeal Has No Power To Stay Contempt Plea Before Single Judge: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that in a Letters patent appeal (LPA) the division bench lacks jurisdiction to stay the proceeding before a single judge's contempt court.Justice Rajbir Sehrawat said, "...the Division Bench hardly has any jurisdiction to pass an order, while hearing such a LPA against order of a writ Court, that the contempt Court shall not proceed with...

'No One Can Be Left Remediless' Is Backbone Of Indian Constitution, Astonished How Worker Was Deprived Of Remedy For 20 Yrs: Punjab & Haryana High Court

Observing that it is astonishing "how for more than 20 years a workwoman has been deprived to avail an appropriate legal remedy",the Punjab & Haryana High Court has directed the Labour Court to decide a plea challenging the oral termination order passed in 2003. The petitioner approached three different forums, but she was left remediless each time.Justice Sanjay Vashisht said, "this...

Failure To Fulfill Basic Financial Responsibilities By Husband Amounts To Cruelty, Desertion: Punjab & Haryana High Court

The Punjab & Haryana High Court has upheld the ex-parte dismissal of a divorce plea filed by a husband, observing that the husband failed to fulfil basic financial responsibilities which amounts to cruelty and desertion.The husband alleged that wife has left her matrimonial house along with their child, which amounts to cruelty. However, the Court found it is husband who had deserted...

Relying On SC's Kejriwal Order, High Court Grants Interim Bail To Former Punjab Minister Booked Under PMLA To Campaign For Lok Sabha Polls

Relying on Supreme Court's order granting interim bail to Delhi Chief Minister Arvind Kejriwal to campaign for the upcoming Lok Sabha Elections, the Punjab and Haryana High Court has granted interim-bail to Punjab's former Forest Minister Sadhu Singh Dharamsot, arrested by the Enforcement Directorate in connection with a money laundering case.Justice Vikas Behl said, "This Court does not...