PIL Against Fee For Downloading FIR On 'Punjab Police Sanjh Portal', High Court Seeks Clarification On Existing Charges

The Punjab and Haryana High Court on Wednesday (April 1) asked two lawyers–who have filed a PIL challenging levy of Rs. 80 service charge for downloading FIR copy, to inform that since when is Punjab government charging the existing facilitation.The court was hearing a PIL moved by two advocates–Abhishek Malhotra and Vasu Ranjan Shandilya, challenging introduction of alleged "illegal"...

P&H High Court Directs HSVP To Grant Possession Of Faridabad Plots To Allottees In 4 Months, Rejects Deferment Request Over Pending Plea

The Punjab and Haryana High Court recently directed the Haryana Shehri Vikas Pradhikaran (HSVP) to handover vacant possession of various plots in Faridaad to 21 allottees within four months.In doing so the court rejected the State's request to defer the matter over pendency of a 2009 connected petition where status quo was granted, remarking that no useful purpose would be served keeping...

'Consensual Sex Outside Marriage By Woman Is Promiscuity, Not Misconception Of Fact': P&H High Court Quashes Rape FIR Against Man

The Punjab and Haryana High Court has held that where an adult woman voluntarily engages in sexual relations over a prolonged period, such conduct cannot be construed as arising from a misconception of fact so as to attract the offence of rape under Section 376 IPC. The Court observed that in such circumstances, the relationship reflects consensual conduct.Justice N.S. Shekhawat was hearing...

'Health Concerns Cannot Differ From Locality To Locality': Punjab & Haryana High Court Sets Aside Cancellation Of Mobile Tower Permission

The Punjab and Haryana High Court has held that the health concerns of residents of a particular locality cannot be treated differently from those of the rest of the State, and cannot justify the selective cancellation of permission for the installation of a mobile tower. The Court observed that such reasoning is manifestly baseless when similar installations exist across the State in...

Punjab & Haryana High Court Allows Sports Category Candidate To Appear In Exam During Pendency Of Dispute Over Sports Gradation Certificate

The Punjab and Haryana High Court has allowed a candidate to participate in a recruitment process during the pendency of a dispute regarding the submission of a Sports Gradation Certificate. Justice Namit Kumar was hearing a writ petition filed by a candidate who had applied under the Sports Person category in a recruitment process conducted by the Punjab Public Service Commission. The...

'Absence Of Documentary Proof No Grounds To Deny Just Compensation In Accident Cases': P&H High Court Enhances Amount From ₹95K To 7 Lakh

The Punjab and Haryana High Court has held that mere absence of documentary proof of income cannot be a ground to deny just compensation to an injured claimant in a motor accident case. The Court observed that compensation must be assessed on a reasonable basis rather than denied for want of strict proof.Justice Harkesh Manuja was hearing an appeal filed by the injured claimant challenging...

Punjab & Haryana High Court Grants Anticipatory Bail To Former SGPC Secretary In FIR Over 'Missing' Saroops Of Guru Granth Sahib

The Punjab and Haryana High Court granted anticipatory bail to a former Secretary of Shriomani Gurudwara Prabandhak Committee (SGPC) booked in an FIR over 328 missing sacred saroops (holy books) of the Guru Granth Sahib, observing that the allegations did not prima facie indicate any misappropriation by him. In doing so the court further remarked that the FIR was lodged after a delay in...

Merit Must Prevail For Department Allocation In Combined Recruitment: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that in combined recruitment processes, allocation of departments must be governed by inter se merit and cannot be done in a manner that allows lower-ranked candidates to secure more preferred postings. The Court observed that deviation from merit-based allocation violates the principles of equality and fairness under Articles 14 and 16 of...

Punjab & Haryana High Court Denies Bail To Persons Accused Of Human Trafficking Via 'Dunki Route'

The Punjab and Haryana High Court has held that persons accused of operating an organised human trafficking racket facilitating illegal migration through the “Dunki Route” are not entitled to the benefit of regular bail, considering the gravity and international ramifications of the offence. The Court observed that such offences involve systematic exploitation, cross-border illegality,...

Habeas Plea In Child Custody Case Not Maintainable When Child Is With Natural Guardian, No Imminent Threat Is Shown: P&H High Court

The Punjab and Haryana High Court has held that a habeas corpus petition in a child custody dispute is not maintainable when the minor is in the custody of a natural guardian, and no imminent threat to the child is demonstrated. The Court observed that custody with a natural guardian cannot ordinarily be termed illegal to invoke writ jurisdiction, in the absence of exceptional...

'Frivolous Contempt Plea Against Judicial Officer Is Abuse Of Process': Punjab & Haryana High Court Imposes ₹1 Lakh Costs

The Punjab and Haryana High Court has held that levelling false allegations of non-compliance of court orders against a judicial officer amounts to gross abuse of the process of law and warrants imposition of exemplary costs. The Court observed that the allegation of disobedience of this Court's order against a sincere, competent and hard-working Judicial Officer demands indulgence of this...

Arms Act Case Based On Social Media Photos Unsustainable; No Proof Of Possession: P&H High Court Quashes FIR

The Punjab and Haryana High Court has held that prosecution under Sections 25(1-B)(a) and 29(B) of the Arms Act cannot be sustained in the absence of essential ingredients such as unlawful possession, delivery of arms, or requisite mens rea. The Court observed that the prosecution appeared to have been initiated in the backdrop of political rivalry as the petitioner is a political figure, being...