Punjab & Haryana High Court Weekly Round Up- February 12 To February 18, 2024

Nominal IndexSohan Singh v. State of Punjab & ors. 2024 LiveLaw (PH) 40State of Haryana v. XXXX 2024 LiveLaw (PH) 41Jaikam Deen v. State of Haryana and others. 2024 LiveLaw (PH) 42XXX v. XXX 2024 LiveLaw (PH) 43 Varsha v. State of Haryana 2024 LiveLaw (PH) 44Avinash Dalmotra v. State of Punjab & others. 2024 LiveLaw (PH) 45 Pohlu @Polu Ram v. State of Haryana and others 2024 LiveLaw...

Right To Fair Trial Extends To Victim Of Crime As Well: Punjab & Haryana HC Transfers Murder Case To CBI Upon Noting Police's Inaction

The Punjab & Haryana High Court has transferred a murder case registered more than an year ago, to Central Bureau of Investigation (CBI), observing that there was a failure on the part of the jurisdictional police authorities in performing their statutory duty.Justice Harpreet Singh Brar said, "the petitioner is going pillar to post in hopes of getting justice for the murder of her...

Painful Saga Of Unholy Collusion Between Police & Gang: P&H HC Seeks Report On Action Take Against Cops Who Colluded With Gang Adultering Milk

The Punjab & Haryana High Court has directed the State to place on record the Status report on the investigation against the police officer who "apparently colluded with the accused" involved in mixing chemicals in Punjab's popular milk plant 'Verka' in 2015.Justice N.S. Shekhawat said that this case depicts a painful saga of unholy collusion between the police officers and a gang which...

Murder | Mere Non-Receipt Of 'Viscera Report' Would Not Render Investigation Incomplete For Granting Default Bail: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that in a murder case, mere non-receipt of viscera report will neither render the investigation incomplete nor render the Magistrate unable to take cognizance.While rejecting the plea challenging refusal of a default bail, Justice Manjari Nehru Kaul said,"Mere non-receipt of the viscera report alone would neither render the...

Prisoner Shouldn't Be Denied Opportunity To Attend Significant Family Event Merely Because Family Not Dependent On Them: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that a prisoner should not be denied the chance to attend a significant family event, merely because the family members are not dependent on the prisoner.While allowing parole to a prisoner serving a sentence under Section 15 of the NDPS Act, Justice Anoop Chitkara said, "A prisoner should not be ordinarily denied the opportunity of...

Punjab & Haryana HC Imposes ₹10 Lakh Cost On Litigant Who Sought Quashing Of Cheating Case After Leaving Country Without Court's Permission

The Punjab & Haryana High Court has taken action against 'misuse of the legal process and filing of 'frivolous litigation' by imposing a cost of Rs. 10 lakh on a man who fled the country in disobedience of the Court's directions and subsequently filed a plea seeking quashing of the cheating case against him.Dr. William Dean was booked for cheating and granted bail by the Trial Court with...

Breach Of Duty & Violation Of Human Rights: Punjab & Haryana HC Rejects Anticipatory Bail Plea Of Cops Accused Of Illegal Detention, Custodial Death

The Punjab & Haryana High Court has declined to grant anticipatory bail to policemen accused of custodial death of a detainee, considering not only the mode and manner in which the alleged crime was carried out but also the 'brazen attempts' made to conceal the alleged crime.Justice Manjari Nehru Kaul said, "It would not be out of place to note that custodial deaths represent a...

Punjab & Haryana HC Issues Notice On Plea Seeking Use Of A4 Sheets With Double-Sided Printing Instead Of Legal Paper To File Court Documents

The Punjab & Haryana High Court has issued notice on a plea seeking directions to use A4 Size paper with print on both sides instead of legal size paper with single side printing, for all the pleadings and documents filed in the High Court and subordinate courts, to avoid wastage of paper and to save trees."Keeping in view the fact that the issue is of public importance and the optimum...

Prosecution Under Water And Air Act Can Be Launched Only By Way Of Complaint Case, Police Can't Register FIR: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that the police has no power to investigate or prosecute any offence under Air Act and Water Act.Justice Harpreet Singh Brar said, "this Court is of the considered opinion that the police has no power either to investigate, prosecute or deal with any offence either under the Water Prevention and Control of Pollution) Act, 1974 or under the...

High Court Questions Police Inaction & Impleads CBI In Case Over 'Apparent' Drug Trafficking From Amritsar's Central Jail Involving Prison Officials

The Punjab & Haryana High Court on Thursday, impleaded the CBI in a case of "apparent" drug trafficking from Amritsar's Central Jail, involving jail officials.While impleading CBI as a respondent and issuing notice, Justice NS Shekhawat observed that, "when the police has not even bothered to investigate against the jail officials and has not looked into their involvement in the smuggling,...

Punjab Civil Services Rules | Candidates May Clear Punjabi Language Exam Prior To Appointment, Certificate Not Mandatory For Applying: High Court

The Punjab and Haryana High Court has made it clear that the candidates governed under Punjab Civil Services Rules, which prescribe matriculation certificate in Punjabi language as an essential qualification for Group A, B and C services "in connection with the affairs of Punjab," can clear the certificate exam before the date of appointment, obtaining it before the date of application is...

Farmers Protest: Punjab & Haryana HC Adjourns Hearing To Tuesday; Asks Centre, States To File Affidavit Based On Meeting With Farmers Today

The Punjab and Haryana High Court today asked the Central and State governments to file an affidavit based on their meeting with the farmers which is scheduled to be held today.A division bench of Acting Chief Justice GS Sandhawalia and Justice Vikas Suri was hearing two pleas, one filed against blockade of roads by the protesting farmers and the other against "obstructive" measures adopted...