[Mutual Divorce] Detailed Enquiry Akin To Trial Not Required To Waive Cooling Off Period Under HMA: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a detailed inquiry is not required to waive the cooling off period while dealing with an application under the Hindu Marriage Act for divorce by mutual settlement.A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "The Court while, considering the prayer for waiving off the cooling off periods, ought to be...

PMLA | Punjab & Haryana HC Grants Bail To Man Booked For Benefitting "Just Rs. 50K" In Land Allotment, Says No Allegation Of Money Laundering

Punjab and Haryana High Court has granted bail to a man accused of benefitting during village land allotment by revenue official observing that "the benefit which the petitioner took was just Rs.50,000 it would be a perversity of justice it this court continues further pre-trial incarceration".The bench also noted that there is no allegation of money laundering against the Petitioner.ED...

Punjab & Haryana High Court Allows POCSO Accused To Examine UIDAI Official To Disprove Age Of Prosecutrix Based On Aadhar Card Details

The Punjab & Haryana High Court has allowed a man accused of rape and aggravated penetrative sexual assault under Protection of Children from Sexual Offences (POCSO) to examine an official of UIDAI, in an attempt to show that the prosecutrix is not a minor.In the present case, the accused sought directions to summon a UIDAI official to produce Aadhar details of the prosecutrix, aiming...

Punjab & Haryana High Court Annual Digest 2023: Part-I [Citations 1-150]

NOMINAL INDEX [Citation 01 – 150]M/s Simplex Infrastructure Ltd. & Anr. versus M/s J.P. Singla Engineers and Contractor 2023 LiveLaw (PH) 1Jagjit Singh @ Jaggi v. State of Punjab 2023 LiveLaw (PH) 2Sandeep Singh Sandhu vs. State of Punjab along with connected matters 2023 LiveLaw (PH) 3M/s. G.D. Goenka School v. Parveen Singh Shekhawat and Others and M/s. G.D. Goenka School v. Ajay...

'Assault' On Jail Inmate | 'DIG Prison Didn't Conduct Fair Enquiry', ADGP To P&H HC On Denying Incident By Filing 'False Affidavit'

After Punjab & Haryana High Court rapped prison authorities for filing a "prima facie" false affidavit before the Court, wherein it stated that an inmate "was neither beaten nor he suffered any injury" the ADGP (Prison) has recently submitted that the enquiry conducted by DIG prison was "not conducted in a fair and proper manner."In last proceeding, Justice N.S Shekhawat had noted that...

P&H High Court Upholds Tenant's Ejectment On Personal Necessity Citing Landlord's Moral Duty To Settle Grown-Up Sons During His Lifetime

Observing that "It is his moral duty to settle down his grown up sons during his lifetime," the Punjab & Haryana High Court has upheld the ejectment of a tenant on the basis of personal necessity and arrears of rent.The ejectment was filed based on the arrears of rent and for the personal use of the shop by his sons, which was occupied by the tenant.Justice Amarjot Bhatti said, "By no...

Punjab & Haryana High Court Orders Woman's Production In Same-Sex Partner's Plea Against Alleged Illegal Detention

In a plea filed by a same-sex partner, the Punjab & Haryana High Court on Wednesday directed the SHO of Haryana's Panchkula to produce a woman allegedly illegally detained by her family to force her into marriage. Observing that, "the matter seems to be of serious concern to the Court", Justice Sandeep Moudgil directed the State to "produce the detenue...through Station House...

'Drugs Inspector, Not Police, Holds Power To Search And Seize As Per Sec 22 Drugs And Cosmetics Act': Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the Police have no authority to search or seize the alleged illegal product in contravention of the Drugs and Cosmetics Act, the power to seize would lie with the Inspector appointed under the Act.For context, as per Section 22 of The Drugs and Cosmetics Act, 1940, the power to conduct any search and seizure is vested solely with the...

Punjab Ajnala Violence| 'No Citizen Can Interfere In Administration Of Justice On Strength Of Unholy Mob': High Court Refuses Bail To 2 Amritpal's Alleged Aides

The Punjab & Haryana High Court has rejected the bail pleas of "Waris Punjab De" chief Amritpal Singh's alleged aides in Ajnala Police Station Attack case.In February, Amritpal, along with a mob, allegedly attacked a police station in Punjab's Ajnala, in an attempt to forcibly release his alleged aide from judicial custody.While rejecting the relief of bail, Justice Kuldeep Tiwari said,...

Can Rely On Statement Of Complainant Who Turned Hostile If Sufficient Evidence Available To Corroborate Prosecution's Version: P&H High Court

While refusing to set aside the conviction in a murder case, the Punjab & Haryana High Court has made it clear that where sufficient evidence is available to corroborate prosecution version, the statement of the complainant, despite his turning hostile during cross-examination can still be relied upon.A division bench of Justice Gurvinder Singh Gill and Justice Gurbir Singh observed...

District-Level Digital App For Prisoners' Furlough/Parole Applications & Process Updates: P&H High Court Seeks Inputs From States, UT Admin

The Punjab & Haryana High Court has sought suggestions from both the states and Chandigarh administration on the issue for creating a digital application at District level for registering parole, furlough of jail inmates and to examine the same on their level.A division bench of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta passed this order while taking suo-moto cognisance of...

Mere Violation Of Bail Condition Not Enough To Cancel Bail: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a mere violation of a bail condition would not be enough to cancel bail and there must be cogent and overwhelming circumstances necessary to cancel the bail once granted.While quashing the bail condition and order cancelling bail in an NDPS case, Justice Jasjit Singh Bedi said, “The only condition that can be imposed is that...