Punjab and Haryana High Court
Fit Case For Exemplary Cost: P&H HC Hauls Up Man Who Filed FIR Against Director Of Jaguar Three Months After Receiving Car With Alleged Defects
The Punjab & Haryana High Court has taken a stern stand on apparent case of "misuse and abuse of the powers by the authorities" at the behest of the complainant who filed an FIR for allegedly receiving a defective Jaguar car against a director of Jaguar Land Rover India Limited (JLRIL).A complaint was lodged against the director of Jaguar Land Rover Company relating to defects with regard...
Proclamation | Person Not 'Absconding' When He Went To Distant Place Before Warrant Was Issued: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that a person cannot said to have absconded or evaded arrest if he has gone to distant place before the warrant of arrest.Section 82 of CrPC states, "if any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot...
Farmers Protest | Why Was Zero FIR Registered When Injured Protestor Alleged He Was Picked Up From Punjab By Haryana Police? HC Asks Punjab Govt
The Punjab & Haryana High Court has asked the Punjab Government to apprise the Court why Zero FIR was registered on the incident when the injured protestor specifically alleged that he was picked up from the territory of Punjab and taken to the territory of Haryana, where he was beaten up mercilessly by the Haryana Police.Protestor Pritpal Singh's father had moved a habeas corpus...
Overcrowding Of Courtrooms By Police: P&H HC Calls For State's Response On Plea Seeking Directions To Control Number Of Police Officials Visiting Court
The Punjab & Haryana High Court today asked the Punjab Government to file an affidavit on the Public Interest Litigation (PIL) filed seeking directions for the state to take steps to control the number of Punjab Police Officials visiting the Court everyday to attend proceedings.Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji taking note of the plea, issued notice to...
Punjab & Haryana HC Seeks Centre, State's Response On Plea To Declare Feeding Spots, Form Welfare Board For Stray Animals At RWA Level
The Punjab & Haryana High Court has sought a response from the Union and State Government on a plea seeking directions to declare the necessary feeding spots in the residential areas for stray animals and to constitute Animal Welfare Boards at the Resident Welfare Association (RWA) level in Haryana.Justice Vinod S. Bhardwaj issued notice to the Union Government, Animal Welfare Board of...
No Provision Under RTI Act To File Complaint Against Applicant Who Sought Information: Punjab & Haryana High Court
The Punjab & Haryana High Court has quashed an FIR lodged for cheating and forgery against an applicant seeking information under the Right To Information (RTI) Act, observing there is no provision under the RTI Act or Rules to file a complaint against an applicant, who sought information. The Court also found there was no evidence to prove the ingredients of the offence.An FIR for...
Punjab & Haryana HC Imposes ₹1 Lakh Cost On State For Not Paying Compensation To Deceased Employee's Kin For Two Decades, Filing Frivolous Plea To Avoid Award
The Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on the Punjab Government for not paying the compensation to a driver awarded in 1998 under the Workmen's Compensation Act and filing a petition to avoid depositing the compensation amount.While imposing the cost, Justice Sanjay Vashisht observed that the State and its authorities filed the petition on the basis of...
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...