Punjab & Haryana High Court Weekly Round Up: April 22 - April 28, 2024

Nominal Index [Citations 125 - 134]Rakesh Das v. State of Haryana & Ors. 2024 LiveLaw (PH) 125Simran Kaur versus Union of India and others 2024 LiveLaw (PH) 126Pradeep Kumar v. State of Haryana 2024 LiveLaw (PH) 127Kaushal and Others v. Raj Kamal and others 2024 LiveLaw (PH) 128XXX v. XXX 2024 LiveLaw (PH) 129XXX v.XXX 2024 LiveLaw (PH) 130Naresh Kapoor v. State of Punjab and anr. ...

Prosecutor Can't Merely 'Cross Sign' & 'Forward' Investigator's Application For Extension Of Custody U/S 36A(4): Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that the Public Prosecutor (PP) mere by "cross signing" and writing "forwarded" on the application filed by the investigating agency, seeking extension of time for probe would not satisfy the essential condition under Section 36A (4) of the NDPS Act.According to Section 36A (4) of the NDPS Act, in an offence involving commercial quantity, if...

P&H HC Lays Down Guidelines For Invoking S.340 CrPC In Matrimonial Disputes, Says Surge In Cases Motivated By 'Vexatious Spirit' Has Considerably Increased Pendency

Observing that "the recent surge in matrimonial disputes motivated by litigious and vexatious spirit, has left the Courts with considerable pendency," the Punjab & Haryana High Court has laid down guiding principles for invoking the provisions of Section 340 Cr.P.C. in matrimonial casesWhile setting aside the order of a Family Court which directed to file complaint under Sections 191,...

[Maur Mandi Blast] Accused Persons Not Arrested Even After Repeated Opportunities: Punjab & Haryana High Court Expresses Displeasure With Probe

The Punjab & Haryana High Court has expressed displeasure at the pace of the investigation conducted by the Special Investigation Team (SIT) into the 2017 Maur Mandi blast that took place in Punjab's Bathinda, ahead of the state assembly elections. The blast resulted in the deaths of seven persons and left several injured.During the investigation, the police named the three accused who...

Applicability Of S.207 CrPC Limited To Only Supplying Documents To Accused Which Are 'Relied Upon' By Prosecution: Punjab & Haryana High Court

While rejecting the plea to supply documents to an accused including the police diary in the Sippy Sidhu murder case, the Punjab & Haryana High Court said that the applicability of the provisions of section 207 Cr.P.C. is limited to supplying the accused with documents and materials only 'relied upon' by the prosecution.According to Section 207 Cr.P.C, when the proceeding has been...

"No Wall, No Plaster": Punjab & Haryana HC Says No Prosecution Under PMLA When Accused Acquitted In Predicate Offence/ Closure Report Filed

The Punjab and Haryana High Court has said that when a closure report is filed in the predicate offence, the complaint filed by Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) based on that predicate offence would also be closed.Justice Anoop Chitkara elucidated that, "The proceedings under PMLA are always subservient and secondary to the primary...

Once ITO Accepts Rate At Which Closing Stock Was Valued, No Addition To Net Profit Can Be Made Without Recomputing Trading Result U/s 145(1): Punjab & Haryana HC

Finding that the stock production and consumption records were maintained under the supervision of the Excise Authorities and there is no objection raised with regard to the said stock by the ITO, the Punjab & Haryana High Court held that the Assessing Officer could not have proceeded on a presumption alleging higher wastage shown by the assessee.The High Court found that in the present...

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said that since the girl...

Lok Sabha Elections: Congress Candidate Against Former Haryana CM ML Khattar Moves High Court Seeking Quashing Of FIR

Youth Congress leader Divyanshu Budhiraja, who is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar, has moved the Punjab and Haryana High Court seeking quashing of a case registered against him for his alleged failure to appear before the trial court in a criminal case.The plea states that Budhiraja was booked in 2018 under Section 3-A of Prevention...

Punjab & Haryana High Court Monthly Round Up: March 2024

Nominal Index [Citations 65 - 101]Axx v. STATE OF HARYANA AND ANOTHER 2024 LiveLaw (PH) 65XXX v.XXX 2024 LiveLaw (PH) 66KARAMJEET KAUR v. STATE OF PUNJAB AND OTHER 2024 LiveLaw (PH) 67Savita v. State of Haryana 2024 LiveLaw (PH) 68Vinit Yadav v. State of Haryana 2024 LiveLaw (PH) 69Abhinav Kiran Sekhon v. State of Punjab and another 2024 LiveLaw (PH) 70BHUPENDER SINGH v. STATE OF HARYANA...

Teacher Likely To Use Harsh Language To Discipline Student: Punjab & Haryana HC Discharges Teacher Accused Of Abetment Of Suicide Of Minor Student

Observing that "post of a teacher require disciplining a student", the Punjab & Haryana High Court has discharged a teacher from charges of abetment to suicide of a minor student who allegedly harassed her in school.The Court found that the student was weak in studies "for which she was reprimanded". Even otherwise, neither the FIR nor the suicide note refer to any specific instances...

No Addition Is Permitted On Account Of Estimated Profit U/s 41(1) Simply Based On Assumptions: Punjab & Haryana High Court

The Punjab & Haryana High Court deleted the addition made by the AO u/s 41(1) of the Income tax Act on account of sale of copper wire, finding that the AO had made additions under the said provision simply on basis of presumption regarding the said sale, even after finding no stock in the premises.A Division Bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma observed...