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...

PC Act | 'Meaningless' To Seek Bail In Corruption Cases On Grounds That No Loss Was Caused To Govt: Punjab & Haryana High Court

While rejecting a pre-arrest bail of a Haryana Shehri Vikas Pradhikaran (HSPV) Estate Officer, the Punjab & Haryana High Court has made it clear that seeking bail in a corruption case on the ground that "no loss has been caused to the government" is "meaningless".Noting that the petitioner also sought bail on the ground that no loss has been caused to the government, Justice Anoop...

'Every Possible Effort Made By Officials To Hamper Investigations': P&H High Court Raps PUDA, GMADA For Delay In Sanctioning Probes, Seeks Response

The Punjab & Haryana High Court has rapped state authorities, Punjab Urban Planning and Development Authority (PUDA) and Greater Mohali Area Development Authority (GMAD) for delaying the investigation in criminal cases for which it was authorised to grant sanctions.Justice N.S. Shekhawat observed, "From the affidavit submitted by the SSP Fatehgarh Sahib, it is apparent that every...

Haryana Cabinet Expansion: HC Seeks Response From Centre, State On Plea Alleging Number Of Ministers Exceeds Constitutionally Mandated 15% Of Assembly

The Punjab & Haryana High Court today, sought a response from the Union, State Government and other authorities on a PIL challenging the expansion of the Haryana Government Cabinet on March 17, stating that the number of Ministers exceeds 15% of the Assembly which is in violation of Article 164 of the Constitution.According to Article 164(1A), the total number of Ministers, including...

'Police Officer Has To Maintain Greater Discipline, Act Of Remaining Absent From Duty Is Gravest From Of Misconduct': Punjab & Haryana High Court

The Punjab & Haryana High Court has rejected the plea of a police officer challenging his dismissal for being absent from his duty without leave for 259 days.Acting Chief G.S. Sandhawalia and Justice Lapita Banerji said, "We are of the considered opinion that it is settled principle by various judgments that a man in uniform has to maintain greater discipline and the act of remaining...

'Drug Peddlers Destroy Social Fabric, Need No Sympathy': Punjab & Haryana High Court Refuses Bail For Chemist Accused Of Smuggling Contraband

The Punjab & Haryana High Court has refused to grant bail to a chemist accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Act for allegedly selling "dangerous contraband", observing that drug peddlers need to be dealt with firmly and sternly with no sympathy.Justice Sandeep Moudgil said, "The drug menace in the State of Punjab is writ large and large number of...