Relaxation In Selection Criteria For PwD Candidates Not Concession, But Constitutional Obligation: P&H HC Directs States To Frame Norms

The Punjab & Haryana High Court has held that relaxation in selection criteria for persons with disabilities is a constitutional obligation and not a mere concession. The Court observed that failure to provide such relaxation defeats the mandate of substantive equality under the Constitution and renders the statutory protections under the Rights of Persons with Disabilities...

Motor Accident Claim Cannot Be Dismissed Merely Because Injured Claimant Dies During Proceedings: P&H High Court

The Punjab & Haryana High Court has held that a claim petition filed under Section 166 of the Motor Vehicles Act cannot be dismissed solely on the ground that the claimant died during the pendency of the proceedings. The Court observed that even if the death of the claimant is not established to be on account of the injuries sustained in the accident, the claim can still be continued by...

Journalist Moves High Court Against AAP's Copyright Strikes On His Facebook Page For Using Punjab CM's Photos; Notice Issued

The Punjab and Haryana High Court on Thursday (April 2) issued notice on a journalist's plea challenging actions taken against his Facebook pages and copyright strike imposed on his account for allegedly using photographs of Punjab Chief Minister Bhagwant Mann or news regarding same.In doing so the court also said that the petitioner Rattandeep Singh Dhaliwal has the liberty to the approach...

'Lack Of Effort To Send Samples For Forensic Examination Indicates Collusion Between Police & Accused': P&H High Court

The Punjab and Haryana High Court has held that a consistent failure on the part of investigating authorities to send forensic samples for examination indicates collusion between the police officials and the accused. The Court observed that the scientific evidence in all cases should be collected at the earliest, and all the samples must be sent to FSL, without any delay. The Court was hearing...

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...