Punjab and Haryana High Court
S.348 BNSS | Power To Recall Witness Can't Be Used To Improve Or Reconstruct Defence After Closure Of Evidence: P&H High Court
The Punjab and Haryana High Court has held that the power to recall witnesses and summon evidence under Section 348 of the BNSS (erstwhile Section 311 CrPC), though wide, cannot be invoked merely because an accused wants to bolster his defence after his evidence has been closed.Justice Sumeet Goel, dismissing a petition by the accused in a cheque dishonour case, observed that the power must...
P&H High Court Issues Contempt Notice To Punjab Chief Secy For False Claims About Filing SLP Against DA Order
The Punjab & Haryana High Court today issued contempt notice against Chief Secretary KP Sinha over misrepresenting facts about the filing of Punjab government's appeal before the Supreme Court against the High Court's recent order for payment of pending dearness allowance (DA) to government employees.In August, the High Court had dismissed a batch of Letters Patent Appeals filed by the...
Demolition Action Against Lawyer Soon After He Flagged Corruption In High Public Office Appears Attempt To 'Silence' Him: P&H High Court
The Punjab and Haryana High Court has observed that the demolition action initiated against an Advocate's farm stay, soon after he raised allegations of corruption involving high-ranking State officials, appeared unnatural and “does create doubt regarding intent of high-ranking State officers.”The Court was hearing a PIL filed by advocate Nikhil Saraf, who had raised allegations...
Punjab & Haryana High Court Directs CBI To Register Corruption Case Against Punjab CM Bhagwant Mann's Close Aide
The Punjab and Haryana High Court on Monday directed the Central Bureau of Investigation (CBI) to register a criminal case to probe allegations of corruption linked to the Punjab Chief Minister Bhagwant Mann's office.A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said it was "not impressed by the manner in which Punjab Police has acted so far" and that a fair...
Trial Court Can't Keep Adjourning Bail Plea Merely Because Transfer Petition Is Pending In High Court Without Stay: P&H High Court
The Punjab and Haryana High Court has held that a trial court is duty bound to decide a pending bail application where the High Court has granted no stay, and cannot keep adjourning it simply to await the outcome of a related transfer petition.Justice Ramesh Kumari, allowing a petition under Section 528 of the BNSS, observed that in the absence of any interim stay, the trial court "is duty...
Factory Blast | National Safety Council Report, CCTV Can't Be Discarded At Charge Stage For Want Of Formal Proof: P&H High Court
The Punjab and Haryana High Court has set aside charges of culpable homicide not amounting to murder and attempt to commit culpable homicide framed against the accused in a 2024 factory fire in Dharuhera that killed several workers, holding that the material on record did not prima facie disclose the intention or knowledge required for graver offences.Justice Virinder Aggarwal held that the...
S. 16(2)(c) CGST Act Valid, But Cannot Be Invoked Mechanically Against Buyers: Punjab & Haryana High Court Lays Down Guidelines
The Punjab and Haryana High Court has upheld the constitutional validity of Section 16(2)(c) of the CGST Act, 2017, which conditions a purchaser's Input Tax Credit (ITC) on the supplier actually paying the tax to the Government. However, it held that the provision cannot be applied as a standalone provision to mechanically reverse a purchasing dealer's ITC merely because the supplier defaulted...
Backward Class Certificate Expired Before Application Deadline Is Invalid; Fresh Certificate Can't Cure Defect: P&H High Court
The Punjab and Haryana High Court has held that a candidate who attached an expired Backward Class-A (BCA) certificate with her application for a teaching post cannot be treated as eligible on the strength of a fresh certificate obtained after the last date for applying.A Division Bench of Justice Harsimran Singh Sethi and Justice Minderjeet Yadav dismissed a Letters Patent Appeal against...
109 Kg Ganja Recovery: P&H High Court Denies Bail, Says Right To Speedy Trial Can't Dilute S.37 NDPS Act Rigours
The Punjab and Haryana High Court has refused regular bail to a man accused of possessing over 109 kg of ganja, holding that the gravity of the recovery attracted the statutory bar under Section 37 of the NDPS Act and that prolonged custody alone could not dilute it.Justice Sumeet Goel, dismissing the petitioner's fourth bail plea, observed that where the recovery falls within...
Father's Financial Strength Can't Replace Mother's Care For Toddler: P&H High Court Upholds Custody Order Passed In Habeas Corpus Plea
The Punjab and Haryana High Court has upheld a Single Judge's order directing a father and his family to hand over custody of a four-year-old boy to his mother, holding that a habeas corpus petition for custody of a minor is maintainable and that the mother's claim under the Hindu Minority and Guardianship Act could not be displaced merely by the father's better financial position.A...
Take Steps To Appoint Regular DGP In Punjab: High Court Directs State
The Punjab & Haryana High Court on Thursday directed the Punjab Government to appoint regular Director General of Police (DGP) in Punjab.It was submitted that the State is without a regular DGP since 2022.Additional AG Chanchal Singla appearing for the State submitted that the panel is under active consideration of the government.Considering the same, Chief Justice Ashwani Kumar Mishra...
P&H High Court Seeks Explanation After District Judge Allegedly Relies On Non-Existent HC Order
The Punjab and Haryana High Court has called for a status report from the District Judge, Sri Muktsar Sahib, after the Punjab State Warehousing Corporation pointed out that an Additional District Judge had relied on a High Court order which, according to the Corporation, was never passed.Justice Lapita Banerji, hearing a civil revision petition, observed that a “serious issue” had been...