"Duty Of Student To Be Vigilant": Punjab & Haryana High Court Dismisses CBSE Student's Plea To Apply For Improvement Exam After Last Date

The Punjab & Haryana High Court has dismissed a plea to allow a student to fill out the application form for CBSE Class XII, Improvement Exam after the prescribed stipulated time had elapsed.Justice Vikas Bahl said, "Once public notices are given, then, it is the duty of the students to be vigilant, more so, when the petitioner wanted to appear in the improvement examinations." The...

Punjab & Haryana High Court Weekly Round-Up [January 8 - January 14, 2024]

Citations: 2024 LiveLaw (PH) 08-14Nominal Index:X v. State of Haryana & another 2024 LiveLaw (PH) 08X v. Y 2024 LiveLaw (PH) 09Parmila v. State of Haryana and another 2024 LiveLaw (PH) 10X v. Y 2024 LiveLaw (PH) 11Mustak v. State of Haryana and others 2024 LiveLaw (PH)12 Vikramjeet Singh v. Union of India and others 2024 LiveLaw (PH) 13 X v. State of Haryana & Ors. 2024 LiveLaw...

S. 319 CrPC | Merely Naming Accused Not Sufficient For Summoning Order, Evidence Must Satisfy "More Than Prima Facie Case": P&H High Court

The Punjab & Haryana High Court has quashed the summoning order against accused persons in a murder case observing that merely because the petitioners had been named by the complainant, the power to proceed against them under Section 319 CrPC cannot be exercised. Court said in such cases the test of "more than prima facie case" must be satisfied.Under Section 319 CrPC, where, in the course...

Technical Objections Like Limitation Can't Stand In Way Of Victim Compensation: Punjab & Haryana HC Orders Compensation To Gang Rape Victim

The Punjab & Haryana High Court has made it clear that technical objections like limitation in filing the application for victim compensation should not stand in a way of the social welfare object sought to be served by the Victim Compensation Scheme.While allowing the plea for compensation of a gang rape victim, Justice Vinod S. Bhardwaj said, "the scheme being benevolent and intended...

Can Parents Be In "Illegal Custody" Of Their Own Minor Daughter? Punjab & Haryana HC To Determine In Same-Sex Partner's Habeas Corpus Plea

"Whether the parents can be said to be in the illegal custody of their own minor daughter," the Punjab and Haryana High Court wondered while hearing the habeas corpus petition filed by a woman claiming that her partner in same-sex relationship was illegally detained by the partner's parents.As the alleged detenu was a minor as per her school records, single bench of Justice Sandeep...

'Lackadaisical Approach': HC Imposes ₹1 Lakh Cost On Punjab Govt For Denying Retiral Benefits, Pension To Widow Of Constable Who Died In Line Of Duty

The Punjab & Haryana High Court imposed a cost of Rs.1 lakh on the Punjab Government for its "lackadaisical approach" in denying death-cum- retiral benefits and family pension to widow of a constable who died on duty.The petitioner-widow was denied the pension on the ground that the salary was released to the deceased husband of the petitioner while he was under treatment and the same...

Claim For Employment By Family Members Of Martyred Defense Personnel Cannot Be Put On Lower Pedestal Than Family Of Police Martyrs: P&H High Court

The Punjab & Haryana High Court has made it clear that the State cannot adopt different yardsticks for considering the compassionate appointment of the dependents of martyrs from Police forces and Armed Forces Personnel.The petitioner's grandson was the nephew of a martyred defense personnel, and was denied consideration for a position in the Punjab Police because, according to the...

Failure To Perform Duty: Punjab & Haryana High Court Orders Attachment Of Salary Of SHOs Who Failed To Arrest Accused Absconding Since 2 Yrs

The Punjab & Haryana High Court directed the attachment of the salary of the concerned Station House Officers (SHOs) who failed to arrest an accused who was declared as a Proclaimed Offender in 19 out of 33 criminal cases registered against him in 2022.Justice Harpreet Singh Brar said, "in spite of repeated orders passed by this Court on various occasions, no tangible efforts have been...

No Application Of Mind: High Court Takes Exception To "Cavalier Approach" In Filing Bail Cancellation Plea, Imposes 10K Cost On Haryana Govt

The Punjab & Haryana High Court has imposed a cost of Rs.10,000 on Haryana for filing cancellation of an anticipatory bail in an extortion case "without application of mind."Justice Harpreet Singh Brar said, "It appears that learned Public Prosecutor has recommended to file the present petition seeking cancellation of bail granted to respondent in a mechanical manner without application...

"Compounds To Agony Of Child": Punjab & Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy

"Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice", the Punjab & Haryana High Court said while allowing a minor rape victim to terminate over 12 weeks of pregnancy.While noting that pregnancy is "an outcome of violation of the minor", Justice Vinod S. Bhardwaj said,...

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court

The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.The petitioner was appointed as constable in the Indo=Tibetan Border Police Force (ITBP) on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in a POCSO...

"Take This Immoral Thing Back": Punjab & Haryana High Court Judge On Habeas Corpus Plea Moved By Woman In Same-Sex Relationship

Responding to a habeas corpus petition filed by a woman claiming to be in a same-sex relationship, Justice Pankaj Jain of the Punjab and Haryana High Court said that he doesn't believe that morality and constitutionality are different.He inquired in what capacity the Petitioner could represent the alleged detenu and on being informed that it's a case involving a "queer couple", orally...