Union Govt Should Proactively Grant War Injury Pension To Soldiers Rather Than Expect Them To Raise Claims: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that the Union Government should take a proactive approach in granting war injury pension to soldiers, rather than expecting them to initiate claims.The Court refused to accept Union's argument that the claim was raised after a delay of 48 years.Justice Harsimran Singh Sethi and Justice Vikas Suri said, "Once, it is a conceded fact that respondent...

Releasing First-Time Offenders On Probation Can Prevent Jail Stigma; Court Empowered To Grant Relief In Minor Offences: P&H High Court

The Punjab and Haryana High Court has said that the Court is empowered to release first time convict of minor offence under Probation of Offenders Act 1958 and the same protects them from the stigma and negative impact of incarceration.The Court directed the release of a convict in a 2016 FIR under Sections 148 (rioting, armed with a deadly weapon) and 323 (punishment for voluntarily...

Death Resulting From Fight Between Drunk Soldiers Not Covered Under Liberalised Family Pension: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the death of a soldier resulting from a physical altercation with another soldier in drunken condition, does not qualify the deceased's family for benefits under the Liberalised Family Pension scheme.Justice Harsimran Singh Sethi and Justice Vikas Suri refusing to cover soldier's death under clause "an act of violence/attack by...

Right To Legible Medical Prescription Is A Fundamental Right: P&H High Court Directs Doctors To Write In Capital Letters

The Punjab and Haryana High Court has said that the right to receive a legible medical prescription is a fundamental right under Article 21 of the Constitution. Emphasizing the critical role clear prescriptions play in safeguarding patient health and ensuring proper medical treatment, the Court directed the States to comply with an advisory whereby doctors were directed to write prescriptions...

Punjab & Haryana High Court Condemns Centre For Denying Disability Benefit To Soldier Injured During Explosion In 1971 Indo-Pak War

The Punjab and Haryana High Court has criticized the Central Government for denying disability benefits to a soldier who sustained serious injuries during an explosion in the 1971 Indo-Pak war.The Court rejected the Union Government's petition challenging Armed Forces Tribunal (AFT)'s order whereby the deceased soldier's wife was granted pensionary benefits.Sham Singh suffered injuries when...

Employee Who Acquired Disability During Service Can Be Promoted Under Physically Handicapped Quota: P&H High Court

The Punjab and Haryana High Court has held that an employee who acquires a disability during the course of service is entitled to be considered for promotion under the physically handicapped (PH) quota.The petitioner's promotion under the PH category was denied by the State authority on the grounds that he had acquired the disability during his service and not at the time of...

Punjab & Haryana High Court Stays Appointment Of Bhakra Beas Management Board's Secretary

The Punjab and Haryana High Court has stayed the appointment of the Secretary of the Bhakra Beas Management Board (BBMB) till the next hearing, while issuing notice to the Board and other authorities.Justice Sandeep Moudgil was hearing a plea filed by the Superintending Engineers in Punjab's Water Resource department, alleging that the application that called for the post of...

Habeas Corpus Plea Not Substitute To Custody Proceeding Available Under Guardianship Act: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that a habeas corpus petition cannot serve as a substitute for custody proceedings under the guardianship laws like Hindu Minority and Guardianship Act. It clarified that High Court can intervene only when it is clear case of illegality.Justice Sumeet Goel said,"The High Court's jurisdiction to issue a writ of Habeas Corpus in minor child...

P&H High Court Directs Counselling Of Minor Girl Allegedly In Mother's Illegal Custody At "Infamous" Dera Sacha Sauda Ashram

The Punjab and Haryana High Court has directed that a minor girl, allegedly held in the illegal custody of her mother within the premises of Dera Sacha Sauda, Sirsa, be provided with immediate counselling by the PGIMER, Chandigarh.Justice Subhas Mehla said, "Counselling of the minor child with regard to the custody issue be conducted. A counselling schedule shall be formulated and the same...

Cross Border Smuggling On Rise: P&H High Court Calls For Coordination With MEA In NDPS Cases Involving Foreign Nationals

The Punjab and Haryana High Court has recommended that investigating agencies share the gist of their findings against foreign nationals accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act involving significant drug quantity, with the Ministry of External Affairs.The bench noted that, "the Court's dockets have ever-increasing cases under the NDPS Act, 1985, and these days,...

Punjab & Haryana High Court Initiates Suo Moto Case Over Denial Of Security To Judicial Officers Posted On Administrative Duty In HC

The Punjab and Haryana High Court has taken suo motu cognizance of the denial of security to judicial officers posted on administrative duty within the High Court.Chief Justice Sheel Nagu and Justice Sanjiv Berry said, “We are prima facie of the view that security and safety of judicial officers posted on deputation is the responsibility of the Union Territory (UT)...

'Cannot Be Kept In Custody For Indefinite Period': P&H High Court Grants Bail To Undocumented Migrant In Fraud Case On Personal Bond Or FD

The Punjab and Haryana High Court has granted bail to an undocumented female migrant accused in a fraud case, allowing her release on the condition of furnishing bail bond to maximum amount of ₹10,000 in the form of fixed deposit or on personal bond if she fails to arrange surety within 7 days.It was alleged that Farida Praveen is an illegal migrant and prepared Aadhar Card, Voter Id and...