'Courtroom Can Be Wild Enough Place Without Summoning Spirits From Grave': Punjab & Haryana HC Warns Lawyer Seeking Pre-Arrest Bail For Dead Man

Observing that "courtroom can be a wild enough place without summoning the spirit from graveyard", the Punjab and Haryana High Court today warned an advocate who filed the pre-arrest bail plea for a man who was found to be dead a month before the filing of the plea.Justice Manjari Nehru Kaul had summoned the lawyer for explaining "how the Power of Attorney of a dead person could have...

[Surveillance Register] Mere Acquittal Not Sufficient For SP To Believe That Registered Person Is Not Habitual Offender: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that for purpose of a "survelliance register," the mere acquittal of a person is not enough for the Superintendent of Police to have a reasonable belief with respect to the person being a habitual offender or not.A surveillance register is a record maintained at the police station to monitor habitual offenders residing within the jurisdiction...

[UAPA] Punjab & Haryana High Court Grants Bail To Woman Booked For Harbouring Man Allegedly Conspiring To Set Up Separate State

The Punjab & Haryana High Court has granted bail to a 58-year-old woman booked under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA) allegedly for harbouring a man accused of hatching a criminal conspiracy to set up a separate state in 2019.A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh noted that the woman "had helped the co-accused...

Punjab & Haryana HC Grants Bail To Persons Accused Of Taking ₹8 Crore To Bribe SC's Lodha Committee, SEBI Officials For Transferring Property At Cheap Rates

The Punjab & Haryana High Court has granted bail to persons accused of taking Rs. 8 Crore to bribe Supreme Court's Lodha Committee and SEBI officials for getting necessary clearance for the property to be transferred at a cheap rate.While granting bail to two of the accused persons, Justice Deepak Gupta noted, "As rightly pointed out by learned Senior Counsel that in the entire FIR, there...

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...