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 The bench of Justice Raj Mohan Singh and Justice Harpreet Singh Brar was assured that the decision will be withdrawn within two days.Eleven writ petitions were filed by various representatives of the Panchayat in the Punjab, questioning the State’s...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...

Are CCTV Cameras In Police Stations Working? What Is Their Recording Capacity? High Court Asks Punjab, Haryana & Chandigarh Admin

The Punjab & Haryana High Court has asked the Chandigarh administration and the governments of Punjab and Haryana to give details on the status of CCTV cameras installed at the police stations.The bench of Justice Alok Jain directed the counsel for the states and UT to file a specific affidavit detailing the following points:“1. Whether all the Cameras/CCTV are in working condition? 2....

P&H High Court Quashes FIR Against Ex-Dy CM Sukhbir Badal Over 'Violating' Prohibitory Orders During COVID Pandemic

The Punjab and Haryana High Court today quashed an FIR lodged against former Deputy Chief Minister and present Member of Parliament Sukhbir Badal in 2021 for allegedly violating prohibitory orders during the COVID pandemic."In a democratic country, if a well-established political person, on hearing serious complaints regarding any public issue, decides to verify the same by visiting the...

'Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHAI

The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest.The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari criticised the petitioner for obstruction in giving possession of the land and...

Homemaker's Contribution To Intricate Fabric Of Daily Life Is Immeasurable, Deserving Profound Acknowledgment: P&H High Court

Observing that the contribution of a homemaker to the intricate fabric of daily life is "immeasurable and deserves profound acknowledgement", the Punjab and Haryana High Court last week allowed an appeal filed by a woman seeking enhancement of the amount of compensation received by her on account of the death of her husband."A homemaker shoulders a myriad of responsibilities that encompass...

Ensure That Offices, Educational Institutions Don't Insist On Father's Name Of Rape Victim's Child: Punjab & Haryana High Court To State

The Punjab and Haryana High Court has directed the State governments to ensure that offices, especially all educational institutions, do not insist on disclosure of fathers’ name of the child of a rape victim.The direction was made on a suggestion put forth by Amicus Curiae Tanu Bedi in a matter regarding welfare and rehabilitation of rape victims and children born from such offence.The...