Change In Bench Composition After Conviction But Prior To Sentencing No Ground To Seek Fresh Hearing: Punjab & Haryana High Court

The Punjab & Haryana High Court recently held that a fresh hearing is not required when the composition of the bench changes after conviction order, especially when no prejudice is caused to the parties.The bench of Justice Lisa Gill and Justice Archana Puri clarified that the retirement of one judge from the bench does not invalidate the prior decision. “It would indeed be a travesty...

Article 21 Doesn't Cease If People Of Same Gender Decide To Live Together: P&H High Court Grants Protection To Lesbian Couple

Observing that Article 21 of the Constitution of India does not cease to apply when people of the same gender decide to live together, the Punjab and Haryana High Court today granted police protection to a same-sex live-in couple.The bench of Justice Anoop Chitkara passed this order while dealing with a protection plea filed by a major lesbian couple who have been staying together in a...

P&H High Court Grants Anticipatory Bail To Actor-Comedian Khyali In FIR Over His Alleged Remarks Against Maharishi Valmiki

On Wednesday, the Punjab and Haryana High Court granted anticipatory bail to actor-comedian Khyali Ram in an FIR lodged against him for his alleged derogatory words against Maharishi Valmiki.The bench of Justice Rajbir Sehrawat granted him bail on the condition that he shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438...

Reusing E-way Bills Demonstrates Intention Of Tax Evasion: Punjab And Haryana High Court Upholds Penalty Against Transporter

The Punjab and Haryana High Court has upheld the penalty against the transporter and ruled that reusing e-way bills demonstrates the intention of tax evasion.The bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan has observed that the ‘intention to evade payment of tax’ is an essential ingredient for initiating proceedings against a person under Section 130. The...

High Court Issues Notice On Plea Filed Against Punjab Govt's Decision To Dissolve All Gram Panchayats

The Punjab & Haryana High Court today issued notice on a plea filed against Punjab government’s decision to dissolve all the Gram Panchayats in the State.A bench of Justice Raj Mohan Singh and Justice Harpreet Singh Brar has directed the State to file its reply within 10 days.Sarabjeet Singh, Sarpanch of Mohammadpur, Ludhiana has filed the plea questioning the State’s decision...

Insufficient Evidence To Link Accused To Death Of Deceased Found In His Premises: Punjab & Haryana High Court Acquits Murder Convict

The Punjab & Haryana High Court recently acquitted a murder convict sentenced to life imprisonment in 2019, on the ground of lack of sufficient evidence. The deceased was found dead in the premises of one Dinesh who was accused of kidnapping him for extorting land and money from his father.The bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, “when no candid...

Punjab & Haryana High Court Issues Notice On PIL Against Unauthorised Installation Of Statues At Public Places

The Punjab & Haryana High Court has issued notice on a Public Interest Litigation ("PIL") wherein a resident of Rohtak has sought the removal of unauthorised statues installed at public places in Haryana, in compliance with the Supreme Court judgment in Union of India vs State of Gujarat and Ors. The plea also seeks removal of the statute of Srikrishan Das Goel (father of Manmohan Goel,...

Immoral Trafficking Cases Rising In Chandigarh, Consider Framing Guidelines For Spas, Massage Parlours: Punjab & Haryana HC To Authorities

Observing that cases under the Immoral Trafficking Act are rising in Chandigarh, the Punjab & Haryana High Court has suggested that the authorities should contemplate formulating guidelines for the operation of spa/massage centers, similar to those framed by the Delhi Government.The bench of Justice Mahabir Singh Sindhu said, “Keeping in view the fact that cases under the Act...

Should Runaway Girl, Married Against Parents' Wishes Be Prohibited From Raising Harassment, Dowry Demand Complaint? Punjab & Haryana HC Asks

Recently, the Punjab & Haryana High Court said it needs to consider whether a runaway girl, married against the wishes of her parents, should be prohibited from raising any complaints of harassment for dowry demand.The bench of Justice Alok Jain said, “...question needs to be posed as to whether the girl, who has run away from her house and got married to a person against the wishes of...

P&H High Court Grants Bail To 23 Y/O Student Accused Of Funding & Supplying Arms, Ammunition To Separatists At ISI’s Instance

The Punjab and Haryana High Court recently granted bail to a 23-year-old student who has been accused of funding and supplying arms and ammunition to separatists at the instance of the Pakistani Agency ISI so as to target the leaders of religious organizations and political leaders to disturb peace and tranquillity in Punjab.The bench of Justice Arun Monga noted that no useful purpose would...

Punjab & Haryana High Court Stays Wrestling Federation Of India Election Scheduled For August 12

The Punjab & Haryana High Court on Friday stayed the Wrestling Federation Of India (WFI) Election which was scheduled for August 12. The plea raising question over electoral college for the election was filed, wherein the right of Haryana Amateur Wrestling Association to cast vote is under challenge.“As the counsel for the respective parties contend that they have crucial right to cast...

Nuh-Gurugram Demolitions Case Adjourned, Punjab & Haryana High Court Says Suo Moto PIL To Be Put Before Chief Justice As Per HC Rules

The Punjab and Haryana High Court on Friday adjourned the hearing in the suo motu case against Nuh and Gurugram demolitions to next Friday, citing procedural rules.The bench comprising Justices Arun Palli and Jagmohan Bansal referred to Chapter 2 Rule 9 in Volume 5 of the Punjab & Haryana High Court Rules which stipulates, All the suo motu Public Interest Litigations initiated by the...