Order Of Re-Investigation Must Come From Superior Court Like HC, Magistrate Not Empowered To Do So: Punjab & Haryana High Court

The Punjab & Haryana High Court has clarified that the authority to direct a re-investigation lies exclusively with superior courts such as the High Court itself. Magistrates, the court emphasized, do not possess the power to order a re-investigation.Justice Jasjit Singh Bedi explained,"For the purposes of 're-investigation'/'de novo investigate' directions for the same must be issued by...

P&H High Court Criticizes Ex-Judge For 'Unsubstantiated' Adverse Remarks Leading To Compulsory Retirement Of District Judge

The Punjab and Haryana High Court has criticised its former judge, Justice Alok Singh, for making adverse remarks in the Annual Confidential Report (ACR) of a district judge that ultimately led to the latter's compulsory retirement.Justice Alok Singh was administrative judge of the Sirsa District, who made adverse remarks in the last five months of the appraisal year 2010-2011 against a...

Mere Registration Of FIR Not Ground To Withhold Promotion: P&H HC

A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that mere registration of an FIR does not amount to pendency of criminal proceedings, and promotion can be withheld only after a charge-sheet is filed or charges are framed. Background Facts During the service, a promotion order dated 25.05.2022 was issued...

Punjab & Haryana High Court Directs Vacating Of Guest Houses Occupied By DC, SSP For Allotment To District Judges

The Punjab and Haryana High Court has directed that government guest houses currently occupied by the Deputy Commissioner (DC) and Senior Superintendent of Police (SSP) in Punjab's Malerkotla be vacated and allotted to the District Judge for official and residential use.The Punjab Government had notified Malerkotla as a district in 2021 and subsequently in 2023 its Sessions Court was...

Compelling Couple To Live Together After 30 Yrs Of Separation Amounts To Mental Cruelty: Punjab & Haryana High Court

The Punjab and Haryana High Court observed that when either of spouses have chosen to live "apart for over three decades without even a show of reconciliation or cohabitation, the very essence of marriage stands eroded."The Court opined that, "What remains is only a legal bond without any substance. To compel the parties to reside together after such a prolonged separation would be...

UAPA Accused Gets Bail After 5 Yrs In Jail, P&H High Court Says 'No Record' To Show His Involvement In Terrorist Activities

The Punjab and Haryana High Court has granted bail to a man accused under the Unlawful Activities (Prevention) Act (UAPA) after he spent more than five years in custody. The Court observed that there was no material evidence placed on record to prove that the accused had advocated or incited terrorist acts.The allegation against the appellant was that he was a supplier of illegal arms and...

Punjab & Haryana High Court Imposes Cost On Advocate For Suppressing Suspension Of His License To Practice

The Punjab and Haryana High Court has imposed costs on an advocate who filed a Public Interest Litigation (PIL) while suppressing a "material fact" — that his license to practice law had been suspended.A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry in its order said, "Petitioner does not seem to have come with clean hands as he has not disclosed that his licence, as...

Punjab & Haryana High Court Settles 143 Cases In Lok Adalat, Awards ₹6.25 Crore Compensation

The National Lok Adalat at the Punjab and Haryana High Court today saw 143 cases settled out of 443 listed, with compensation worth Rs 6,25,61,176 awarded, mostly in motor accident claim cases.The exercise was held under the supervision of Chief Justice Sheel Nagu, Patron-in-Chief of the High Court Legal Services Committee, and Justice Anupinder Singh Grewal, Chairman of the Committee. Ten...

Mens Rea In Abetment Of Suicide Case Can Be Inferred From Successive Acts Of Accused, Not Just A Single Incident: P&H High Court

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a man accused of abetting the suicide of a 16-year-and-11-month-old girl, observing that Mens Rea In abetment of Suicide case can be inferred from successive acts of accused, not just a single incIdent. It was alleged that night before the incident the petitioner had called the victim and in the suicide note it was...

'Trivial Irritation' In Marriage Does Not Amount To Cruelty: Punjab & Haryana High Court

Dismissing a divorce plea, the Punjab & Haryana High Court held that ordinary marital disagreements, trivial irritations, or routine quarrels do not constitute "cruelty" within the meaning of Section 13 of the Hindu Marriage Act, 1955.Justice Gurvinder Singh Gill and Justice Deepinder Singh Nalwa said, "Cruelty, within the meaning of Section 13 of the Act, must be of such a nature as to...

'Why Being So Sensitive?' Punjab & Haryana High Court On Plea Filed For Removal Of Shivling Image From Brand Logo

The Punjab and Haryana High Court disposed of a PIL seeking the removal of 'Shivling' image from a brand's logo, observing that the petitioner was being "so sensitive".The PIL sought directions for removal of the Shivling photo from the packaging of an Ayurveda company's products, and also prayed to restrain others from using images or symbols of gods and deities on commercial...

Accused Can't Be Denied Right To Pursue Studies Abroad On Mere Apprehension Of Absconding: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that an accused cannot be denied the right to pursue his studies abroad merely on the apprehension that he may flee from justice.The Court noted that the 21-year-old who was accused under Sections 147, 149, 323, 324, 379, 379-B and 506 of IPC and Sections 3(2) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act,...