Prosecution Resulting In Acquittal, Discharge, Withdrawal Cannot Be Included In Criminal History For Considering Bail: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR, the prosecution stands withdrawn, or a closure report is filed, cannot be included in criminal history for considering bail application of an accused.Justice Anoop Chitkara said, "While considering each bail petition of the accused with a...

Assessees Not Expected To Keep Open Dept's E-Portal Of All The Time To Track Actions Of Dept.: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the assessee is not expected to keep the e-portal of the department open all the time so as to have knowledge of what the department is supposed to be doing.The bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma has observed that before any action is taken, a communication of the notice must be in terms of the provisions...

Law Enacted For Agrarian Reforms Not Violative Of Right To Property Under Article 300-A Of Constitution: Punjab & Haryana High Court

The Punjab & Haryana High Court has upheld the constitutional validity of Haryana's land reform law, the "Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights Act, 2010)" (the Act), observing that it "recognised the rights of tillers of the land."Dholidar is a "kind of tenant" of the land and a trustee who gets the land as a deathbed gift for the purpose...

Punjab & Haryana High Court Weekly Round-Up: March 25- March 31

Punjab & Haryana High Court Weekly Round Up- March 25- March 31Nominal IndexGurwinder Singh v. State of Punjab 2024 LiveLaw (PH) 92Anjana v. Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd. 2024 LiveLaw (PH) 93XXX v. XXX 2024 LiveLaw (PH) 94Jyoti Bala v. State of Punjab and others LiveLaw (PH) 95 Harey Ram v. State of Punjab LiveLaw (PH) 96Gautam Sehgal v. State...

Directors Can't Be Held Vicariously Liable In Criminal Cases Merely Because They Hold A Position In Company: Punjab & Haryana High Court

The Punjab & Haryana High Court has quashed the chargesheet arraying the Directors of a Company responsible for maintenance of a road, in a criminal case pertaining to the death of a 3-year-old child in an accident allegedly by falling from a bike due to a pothole.The Directors were booked for causing death by negligence (Section 304-A IPC), causing hurt by act endangering life or...

Notice Under S. 21 Must Be Unequivocal, Should Leave No Doubt In Mind Of Noticee, Punjab & Haryana High Court Dismisses Section 11(6), A&C Act Application

The Punjab and Haryana High Court single bench of Justice Suvir Sehgal dismissed an application under Section 11(6) of the Arbitration Act, 1996 and noted that the Petitioner failed to send a clear notice as per Section 21 of the Act. The bench held that a notice under Section 21 has to be unequivocal to leave no manner of doubt in the mind of the noticee that the claimant intends to...

Haryana CM Nayab Singh Saini Obligated To Get Elected As MLA Within 6 Months, Karnal By-Election Facilitates It: High Court

The Punjab & Haryana High Court today, dismissed the plea challenging the notification issued by the Election Commission of India (ECI) to hold a bye-election for Haryana's Karnal constituency in May, observing that new Chief Minister is obligated to to get himself elected as a member of the State Legislative Assembly within six months of taking oath as per the constitutional mandate and...

Punjab & Haryana High Court Dismisses Plea Challenging Untimely By-Poll For Karnal Constituency Being Contested By CM Nayab Singh Saini

The Punjab & Haryana High Court today, dismissed the plea challenging the notification issued by the Election Commission of India to hold a by-election for Haryana's Karnal constituency scheduled for May. The seat had fallen vacant on March 13 after former CM Manoharlal Khattar resigned.A division bench of Justice Sudhir Singh and Justice Harsh Bunger dismissed the petition which was...

[Death By Spurious Liquor In Punjab] High Court Seeks Response From Centre, State On Plea Seeking CBI Probe Into Matter, Role Of Officials

The Punjab & Haryana High Court has sought a response from the Union and State Governments on pleas seeking CBI enquiry or judicial probe into the selling of spurious liquor which allegedly caused the deaths of its consumers in Punjab.It is stated that 21 people died in March due to the spurious liquor which is easily available and is being sold illegally allegedly in connivance with...

MV Act | Minimum Wage Can't Be Only Factor To Determine Compensation Payable To Claimant: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the Minimum Wages Act cannot be the only factor in determining the compensation payable to the claimants in motor accidents.Justice Alka Sarin said, "No doubt minimum wages notification is a yardstick which is often used, however, the same cannot be the only factor to determine the compensation payable to the claimants. The Courts must strike...

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL

The Punjab & Haryana High Court has set aside the conviction in a case under the Narcotic Drugs & Psychotropic Substances (NDPS) Act on the ground that the prosecution concealed from the Trial Court that the objections were raised by the Forensic Lab on the sample sent by the investigating agency.Justice Pankaj Jain said, "Investigating agency can not hide proceedings from the Court....

SC/ST Act | Pre-Arrest Bail Can't Be Rejected Solely On Ground That Plea Is Not Maintainable, Special Court Must Adjudicate On Merits: P&H High Court

The Punjab & Haryana High Court has said that an anticipatory bail plea under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989] (SC/ST Act) cannot be rejected solely on the ground that such a plea is not being in terms of statutory provisions contained in Section 18/18(A) of the Act.While allowing a pre-arrest bail plea in the FIR lodged under the SC/ST...