Procure Smartphone, Keep GPS On, Don't Delete WhatsApp History: Punjab & Haryana High Court's Bail Conditions For Accused In Bail Orders

While granting bail to an accused, the Punjab and Haryana High Court recently imposed several conditions on the person: procure a smartphone, always keep the GPS turned on and do not format the phone or delete its WhatsApp chats or call logs. Justice Anoop Chitkara has imposed similar conditions in a number of orders passed in last one year. “Within fifteen days of release from...

Inquiry Not Required Once Delinquent Employee Admits Misconduct, Cannot Claim Violation Of Natural Justice: Punjab & Haryana High Court

The Punjab and Haryana High Court, while disposing of two writ petitions filed by terminated employees of the Shiromani Gurudwara Parbhandhak Committee, has ruled that once an employee admits to his misconduct or guilt, such employee cannot invoke the non-observance of principles of natural justice or absence of an inquiry at a later stage. The single bench of Justice...

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer

Granting relief to the husband in a matrimonial dispute case, the Punjab And Haryana High Court observed that it isn't the case that transfer of a case is always allowed in favor of the wife.With this, the bench of Justice Nidhi Gupta allowed the transfer plea filed by a husband (suffering from brain cancer) and ordered to transfer oa case filed by the wife in Gurdaspur to the Ludhiana...

Need To Remove Uncertainty Regarding Time Of Preparation Of Consent/Non-Consent Memo Qua Compliance Of S. 50 NDPS Act: P&H High Court

The Punjab and Haryana High Court last week asked the state to devise a mechanism to remove the uncertainty regarding the place, date, and time of preparation of consent/non-consent memo qua compliance of Section 50 NDPS Act. The bench of Justice Pankaj Jain observed that in order to remove the uncertainty w.r.t. this important aspect of the investigation, Investigating Agencies need to...

Use Of Notional Breaks Against Employee Has Been Repeatedly Deprecated As Unfair Practice: Punjab and Haryana HC Grants Relief To PRTC Employee

Observing that use of notional breaks against an employee has been repeatedly deprecated as unfair practice at the hands of the employer, the Punjab and Haryana High Court has granted relief to an employee of PEPSU Road Transport Corporation (PRTC)Justice Pankaj Jain said that the petitioner was working as a daily wager with PRTC and was not in a position to avoid such breaks. There is...

Government Jobs Not Just A Dream But Also A Sign Of Being A Winner; Thugs Exploiting This Weakness Of People: P&H High Court

While denying Anticipatory Bail to a man accused of conning another person with a promise of a job in the Indian Army, the Punjab and Haryana High Court recently observed that getting Government Job is not just a dream but also a sign of being a winner and this weakness of people is being exploited by the Thugs.Specifying its opinion regarding the difference between the Government and...

‘Once A Daughter Always A Daughter’: High Court Says Punjab Policy Excluding Married Daughters From Compassionate Appointment Violates Articles 14 & 15

The Punjab and Haryana High Court has held that the policy excluding married daughters from the benefit of compassionate appointment upon the death of their fathers is unconstitutional on account of being violative of Articles 14 and 15 of the Constitution of India. The division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan said: “We are of the considered...

Information About Place Of Posting, Deputation, Working Hours, Leaves Availed Cannot Be Disclosed Under RTI Act: Punjab and Haryana High Court

The Punjab and Haryana High Court has held that the information with regard to the employee's place of posting, period of deputation, working hours, place of headquarter during deputation, any type of leaves availed along with the permission to leave the headquarter, copy of attendance register and movement register is personal in nature and cannot be disclosed under the RTI Act. The court...

‘Victim's Body Language Didn't Reflect Trauma, Remained Quite For Long Time’: High Court Grants Bail To Former Punjab MLA

Granting bail to former MLA Simarjit Singh Bains in a rape case, the Punjab and Haryana High Court on Wednesday observed that there is no evidence that the victim reflected any trauma through her body language or conduct or complained to anyone about the forcible assault."There is no allegation that she did not do so because she was under a shock. There is no evidence that the consent...

Non-Domicile Candidates Not Entitled To Appointment Under 33% Reservation For Punjab Women: Punjab and Haryana High Court

The Punjab and Haryana High Court recently held that the non-domicile women cannot be considered for appointment against the 33% reserved posts for women belonging to Punjab.The issue before the court was whether the reservation is confined to the women of the State of Punjab or it is applicable to all the women belonging to other states also.While dismissing the petitions related to...

Credible Eyewitness Account Be Given Precedence Over Medical Account In Case Of Any Contradiction: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that the credible eye witness account "is to be assigned preponderance and precedence" over the medical account in case of contradiction between the two.The court also said that the effect of minimal digressions or contradictions between the previously made statements in writing by the eyewitness and "his echoings in his testification...