Mere Apprehension Of Accused Indulging In Sale Of Contraband Is No Ground To Reject Application For Parole: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that the application for release on parole cannot be rejected on the mere apprehension that the accused may indulge in the sale of contraband or cause a breach of peace.“Mere apprehension of the petitioner indulging in sale of contraband or of causing breach of peace would not bring the case within the ambit of Section 6(2) of the Act (the...

Ban Adipurush Movie, Use Revenue Earned For Beautification Of Ram Mandir: PIL Before Punjab & Haryana High Court

A petition has been filed in the Punjab & Haryana High Court seeking a ban on further screening of the movie 'Adipurush'. The plea alleges that the movie hurts the religious sentiments of a "large section of society" due to the kind of dialogues used by the characters in the movie.The plea seeks directions to the State to initiate legal action against the film makers and collect the...

Woman’s Suicide In Matrimonial Home Doesn’t Automatically Make Husband, In-Laws Liable For Harassment, Abetment: Punjab & Haryana High Court

Observing that a woman's suicide in matrimonial home in itself does not make her in-laws and husband liable for harassment and abetment to commit suicide, the Punjab & Haryana High Court has upheld the acquittal of accused in a 2002 abetment to suicide case.The deceased died by suicide in 2002 in her matrimonial home allegedly due to harassment made on account of a dowry demand. The...

Punjab & Haryana High Court Directs Chandigarh Admin To Allow Candidate To Apply Under Transgender Category In Online Form For Police Constable Post

The Punjab and Haryana High Court has issued a notice to the Chandigarh Administration on a transgender person's plea seeking directions to allow the petitioner to apply for the post of Constable (Executive) in the Union Territory under the transgender category. The plea said there was no option to apply under the transgender category.While issuing the notice, Justice Vikram Aggarwal ordered...

Misuse Of Govt Vehicle: Punjab & Haryana High Court Stays Removal of Congress Councillor From Morinda Municipal Corporation

The Punjab and Haryana High Court has stayed the notification issued by the Secretary of Punjab Department of Local Bodies, removing Councilor Raj Preet Singh from Municipal Corporation Morinda. Singh, a Congress party representative, was removed from office for allegedly misusing his position and causing financial loss to the Counsel by using the official vehicle for personal use.While...

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that an accused has the locus standi to challenge the rejection of an application filed by prosecution under Section 306 CrPC seeking pardon.“An accused does have a right to move an application independently to the trial Court under Section 306 Cr.P.C. seeking pardon, the same would necessarily imply that any order passed by the trial Court...

Punjab & Haryana High Court Sets Aside Order Dismissing Appeal Filed Against Decision To Try Juvenile As Adult

Observing that the court should have decided the matter on merits without going into hyper technical grounds of limitation, the Punjab and Haryana High Court has set aside the order of ASJ, Sonepat, dismissing the appeal filed against an order to try a juvenile as an adult.“Admittedly, the petitioner was already declared as a child in conflict with law by the Court concerned. Even at...

Dingerheri Rape, Murders: Punjab & Haryana High Court Rejects Bail Plea Of Accused, Says Sufficient Evidence Pointing Towards His Involvement

Observing that there is “sufficient evidence" pointing towards his involvement in the "gruesome and horrible act”, the Punjab and Haryana High Court has rejected the bail plea of an accused in the Mewat gangrape and double murder case.“Acting with sheer disregard to life and dignity, the accused butchered, injured members of a family and committed rape with females, one of whom was a...

S.36A(4) NDPS Act | Public Prosecutor's Report Mandatory For Detention Of Accused Beyond Statutory Period Of 180 Days: P&H High Court

The Punjab and Haryana High Court recently held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, a report in this regard has to be mandatorily filed by the Public Prosecutor. The bench of Justice Manjari Nehru Kaul observed “…it must be borne in...

Punjab & Haryana High Court Upholds Dismissal Of Assistant Professor Of Kurukshetra University, Says Not Entitled To Benefit Of SC Category As Muslim

The Punjab and Haryana High Court has upheld the termination of the service of an Assistant Professor of Kurukshetra University, observing that he was not entitled to be issued an SC certificate, being a person belonging to Muslim Community.“This Court is of the opinion that even though the petitioner may not have misrepresented at the time of obtaining an SC certificates or obtained the...

Punjab & Haryana High Court Sets Aside Order Allowing 26-Yr-Old’s Plea For DNA Test To Prove Her Mother’s Former Live-In-Partner Is Her Father

Observing that a DNA test cannot be ordered in a manner that leads to a roving inquiry, the Punjab and Haryana High Court has set aside the order of a Family Court where in it had allowed a 26-year-old woman's application for DNA test to prove that her mother's former live-in partner is her actual father. “The law regarding DNA is well settled. Courts in India cannot order blood test as...

Punjab & Haryana High Court Impedes Coercive Actions Against Online Opinion Betting App In Respect Of Rs. 1500 Crore GST Notice

The Punjab and Haryana High Court impeded coercive actions against the online opinion betting app, Probo Media Technologies, in respect of the GST Notice demanding Rs. 1500 crore.The bench of Justice Ritu Bahri and Justice Manisha Batra has stated that no coercive steps for the recovery of the amount demanded in the show cause notice shall be taken and further ordered that 50% of the...