Punjab and Haryana High Court
'Sketchy Petition': P&H High Court Imposes ₹25K Cost In PIL Questioning Educational Qualification Of Minority Commission Chairman
Calling it a “sketchy petition” built on unverified claims, the Punjab & Haryana High Court has imposed a cost of Rs. 25,000 in a Public Interest Litigation (PIL) that alleged the Chairman of the Punjab State Minority Commission was only an “8th pass.”Chief Justice Sheel Nagu and Justice Sanjiv Berry frowned upon the “misuse of judicial process” under the garb of...
S.138 NI Act | Right To Bail Can't Be Denied By Appellate Court Solely Due To Non-Deposit Of Compensation: P&H High Court
The Punjab & Haryana High Court has clarified that the right to bail of a convict under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), cannot be denied by the appellate court merely due to non-payment of 20% of the compensation amount as stipulated under Section 148 of the Act.Section 148 of the NI Act, allows an appellate court, in an appeal against a conviction for...
Owing To Flood Situation In Punjab, High Court Allows De-Silting Of Waterbodies In PIL Alleging Commercial Sand Mining
In light of the ongoing flood situation in Punjab, the Punjab and Haryana High Court has permitted de-silting operations in the State while hearing a PIL alleging illegal commercial sand mining.Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "considering the present day situation owing to the floods in the State of Punjab and in the interest of justice and also taking into account...
Punjab & Haryana High Court Upholds Acquittal Of Rape Accused, Says Defence Was Able To Make Case For False Implication
The Punjab and Haryana High Court, in a recent judgment, upheld the acquittal of an accused in a rape case, observing that the testimony of the prosecutrix suffered from serious infirmities and inconsistencies and the "defence has successfully raised a plausible case of false implication.”Justice Manjari Nehru Kaul and Justice H.S. Grewal said, "we are satisfied that the prosecution has...
'Detention Homes Should Have Humane Conditions': P&H High Court In Plea Challenging Detention Of Bengali Migrants In Gurugram
The Punjab & Haryana High Court was hearing a Public Interest Litigation (PIL), on allegations that several migrants from West Bengal, belonging to a certain community, were being unlawfully detained in Gurugram under inhumane conditions.Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "If they are detained in inhumane conditions...tell us, we will direct them...Homes should...
Calling Daily Wagers' Service 'Casual' Is Morally Unjust, Shouldn't Be Left Stranded In Twilight Years: Punjab & Haryana High Court
In a strong observation on the treatment of contractual workers, the Punjab and Haryana High Court has stated that labeling the service of daily wagers as merely 'casual' is "morally unjust." The Court emphasized that individuals who devote their entire working lives to public service should not be left without security or support in their twilight years.The Court allowed plea of Daily wagers...
P&H High Court Declines Minor Rape Survivor's Plea To Terminate Pregnancy Citing Medical Grounds But Grants ₹4 Lakh Interim Compensation
The Punjab and Haryana High Court has directed the Haryana government to pay ₹4 lakh minimum interim compensation to a 14-year-old rape survivor but declined her plea to terminate 29 weeks pregnancy, citing the advise of medical board.Justice Suvir Sehgal said, "Haryana State Legal Services Authority is also directed to consider petitioner's case for grant of compensation under Section 396...
Mandate On Securing 50% Marks To Qualify Superior Judicial Services Exam Not Arbitrary: Punjab & Haryana High Court
The Punjab and Haryana High Court has upheld the validity of the rule mandating a minimum of 50% aggregate marks for qualification in the Superior Judiciary Examination of both the states.A candidate who appeared for Additional District and Sessions Judge in Punjab and Haryana challenged the Rules which required for minimum 40% marks out of total 750 marks of the written examination and 50%...
Punjab & Haryana HC Bar Association Opposes Relocation Of High Court Premises, Seeks Extension Of Existing Site
In a resolution passed on Monday (September 22), the Punjab and Haryana High Court Bar Association (HCBA) General Body unanimously affirmed that retaining the High Court at its present location is in the best interests of the legal fraternity.The High Court is located in the capital city of Chandigarh at the foot hills of Shivalik Range. It was designed by the famous French architect Le...
High Court Raps Punjab Police For 15 Yrs Delay In Filing Cancellation Report In Criminal Case, Imposes ₹1 Lakh Cost
The Punjab and Haryana High Court criticized the Punjab Police for an "inordinate and unjustified" 15-year delay in filing a cancellation report in a criminal case. Expressing serious concern over the lackadaisical approach of the investigating agency, the court imposed a cost of ₹1 lakh on the Punjab Government.The FIR under Sections 323, 341, 506 and 34 IPC was registered in the year 2007...
'Stranger' Facing No Direct Prejudice Can't Seek Cancellation Of Bail: P&H High Court Declines Plea Against IREO MD's Bail In PMLA Case
The Punjab and Haryana High Court has refused to cancel the bail granted to the Managing Director of IREO Group, observing that a stranger to the case, who has not suffered any direct prejudice, has no legal standing to seek cancellation of bail.A plea for cancellation was filed by a person stating to be a practising Advocate and a "prospective home buyer", alleging that the MD has...
Initiating Unwelcome Conversation With Woman Is 'Annoying' But Does Not Amount To Outraging Her Modesty: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that merely attempting to initiate an unwelcome conversation with a woman—though "annoying"—does not, by itself, constitute the criminal offence of outraging her modesty under Section 354 of the Indian Penal Code.Justice Kirti Singh noted that it is the own admission of the prosecutrix as can be seen from a bare of her testimony before the...