Punjab and Haryana High Court
Punjab Zila Parishad Elections Date Challenged In High Court Alleging It’s Taking Place 11 Months Prior To Term
A plea has been filed before the Punjab & Haryana High Court challenging the date of elections to Zila Parishad announced by the Punjab Government, stating that it is taking place 11 months before the completion of its 5 year term.The plea filed by Shri Mukhtar Sahib Zila Parishad Chairman Narinder Singh through Advocate Nikhil Ghai states that elections of all Zila Parishads have...
Woman Cannot Be Forced To Marry A Person With Whom She Earlier Developed Intimacy: Punjab & Haryana High Court
The Punjab & Haryana High Court has granted anticipatory bail to a woman accused of abetting the suicide of a man with whom she used to have an intimate relationship, by refusing to marry him after.“A lady cannot be forced to marry a person it she has earlier developed intimacy with him,” said the bench of Justice Gurbir Singh.The bench was hearing the plea of accused who was named in...
Take Action Against Officers Flouting Guidelines For Speedy Trial In NDPS Cases: Punjab & Haryana High Court To State
Taking note of the lackadaisical approach of police officials and prolonged trials, the Punjab & Haryana High Court has held that the State administration should ensure strict action against the officials not complying with the Standard Operating Procedure (SOP) for speedy trial of cases, especially cases under the NDPS Act.Justice Arun Monga said, “Having perused the contents of...
Chain Of Evidence Missing: Punjab & Haryana High Court Acquits Man Convicted To 10 Years Imprisonment Under NDPS Act
The Punjab & Haryana High Court has acquitted a man convicted under the NDPS Act for allegedly possessing 520 grams of contraband, observing that the deficiency in the prosecution does not inspire confidence.Pointing out the gaps in the evidence, Justice Arun Monga said,“Deficiencies and inconsistencies in the evidence presented by the prosecution do not inspire confidence, as...
Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers who...
Victim Turned Hostile, Weak Medical Evidence: Punjab & Haryana High Court Acquits Man Accused Of Committing Sodomy On 14-Yr-Old
The Punjab & Haryana High Court recently acquitted a man sentenced to 20 years imprisonment for allegedly committing sodomy on a 14 years old boy.“the effect(s) of the victim completely resiling from his statements Ex. P-5, and, Ex. P-6, besides the effects of the MLR of the victim, as enclosed in Ex. P-1 also blunting the genesis of the prosecution version, that the victim was...
Punjab Govt Undertakes In High Court To Withdraw Notification On Dissolution Of Gram Panchayats
The Punjab Government today informed the High Court that it will withdraw the notifications which dissolved Gram Panchayats in the State. The bench of Justice Raj Mohan Singh and Justice Harpreet Singh Brar was assured that the decision will be withdrawn within two days.Eleven writ petitions were filed by various representatives of the Panchayat in the Punjab, questioning the State’s...
No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary
The Punjab & Haryana High Court recently directed to attach the salary of police officials who failed depose before the Court despite issuance of several summons in a 2021 case under NDPS (Narcotic Drugs and Psychotropic Substances Act, 1985 Act). Justice Pankaj Jain observed,"Inertness of the prosecution and helplessness of the Court remain unexplained. Trial Court is directed to...
'Recidivism, Rehabilitation, Community Ties': Punjab & Haryana High Court Pens Down Factors For Grant Of Probation To A Convict
The Punjab & Haryana High Court has laid down sixteen guiding principles to be followed by sentencing Courts while exercising discretion for grant of probation to a convict.A bench of Justice Arun Monga observed that Probation of Offenders Act was enacted to providing the offenders with a chance to reform rather than dumpling into jails. “Probation can thus also be termed as an...
Heated Exchange With Judge Alone No Ground For Transfer Of Case: Punjab & Haryana High Court
The Punjab & Haryana High Court recently observed that heated exchange with the presiding of officer of a court alone, cannot be the reason to seek transfer to another Court."It has to be kept in mind that during the course of arguments, at times, though not called for, temperatures do run high. However, this alone would not be reason enough for an apprehension to crop up in the minds of...
Punjab & Haryana High Court Weekly Round-Up: August 21- August 27, 2023
Nominal IndexS through her mother K v. State of Haryana 2023 LiveLaw (PH) 146 X v. State of Haryana 2023 LiveLaw (PH) 147Monu vs. Union of India and Others 2023 LiveLaw (PH) 148Rajwinder Singh v. State of Punjab and others 2023 LiveLaw (PH) 149 X v. State of Punjab & Ors. 2023 LiveLaw (PH) 150Daya @ Dayawanti vs. Arjun and others 2023 LiveLaw (PH) 151 Gurdarshan Singh Gill v. UOI...
Recording Adverse Remarks In Transfer Orders Uncalled For, Should Not Be Used Against Transferee Officer: Punjab & Haryana High Court
The Punjab & Haryana High Court has observed that recording adverse remarks in transfer orders such as “having links with accused indulging in intoxicant material and illegal mining” is not called for and should not be used against him.While acknowledging that the respondents are well within their competence to transfer an employee for administrative reasons or for any reason as...