NI Act | 20% Deposit Is Rule In Cheque Bounce Cases, Waiver Only In Exceptional Circumstances: Punjab & Haryana High Court

Observing that that the burden lies on a convict to demonstrate special or compelling circumstances to seek waiver of the statutory deposit under Section 148 of the Negotiable Instruments Act, the Punjab & Haryana High Court held that direction to deposit a minimum of 20% of the compensation amount is the general rule at the appellate stage.Justice Sumeet Goel said, "The convict bears...

Punjab & Haryana High Court Full Bench Finds No Conflict In Division Bench Rulings On Counting Of Past Service For Pension

The Full Bench of the Punjab and Haryana High Court has answered a reference on whether two Division Bench judgments concerning counting of past service for pensionary benefits were contradictory, holding that there exists no real conflict between them as they were rendered in distinct factual and statutory contexts.Chief Justice Sheel Nagu, Justice Vinod S. Bhardwaj and Justice Jagmohan...

Punjab & Haryana High Court Denies Bail To DIG HS Bhullar In Corruption Case

The Punjab and Haryana High Court has dismissed the regular bail plea of Harcharan Singh Bhullar @ H.S. Bhullar, a senior Punjab Police officer, in a corruption case registered by the Central Bureau of Investigation (CBI).Justice Sumeet Goel noted that the offence under Section 7 of the Prevention of Corruption Act, particularly when attributed to an officer of such rank, has...

'Case Of Version, Cross-Version': Punjab & Haryana High Court Grants Interim Anticipatory Bail To Man Accused Of Assaulting Lawyer

The Punjab and Haryana High Court has granted interim anticipatory bail to the main accused Saurav @ Saurav Dhaiya booked for assaulting a lawyer, arising out of a neighbourhood dispute in Sonipat.It was alleged that the lawyer was assaulted with an intention to kill him and his car's windshield was smashed. The District Bar Association also observed one day strike demanding strict...

'Testing Waters': Punjab & Haryana High Court Pulls Up Lawyer Who Moved Two Bails Pleas In Same FIR, Imposes Costs

The Punjab and Haryana High Court refused anticipatory bail to an Advocate, booked in a rice trading fraud case, holding that the filing of two separate pre-arrest bail petitions in the same FIR—supported by affidavits denying pendency of similar proceedings—amounted to “forum shopping” and an affront to judicial sanctity.Justice Sumeet Goel observed that the petitioner had...

Punjab & Haryana High Court Denies Bail In 5,700 Kg Psychotropic Drugs Case, Says Corporate Licences Can't Shield NDPS Violations

The Punjab and Haryana High Court has dismissed eight connected regular bail petitions arising out of a massive seizure of over 1.37 crore psychotropic tablets, holding that the rigours of Section 37 of the NDPS Act are clearly attracted and that licensed pharmaceutical operations cannot, at this stage, dilute the gravity of organised diversion allegations.Justice Sumeet Goel said, "The grant...

Punjab & Haryana High Court Refuses To Quash Arrest Warrants Issued Against Absconding AAP MLA In Alleged Rape Case

The Punjab and Haryana High Court has refused to quash arrest warrants and proclamation proceedings issued against Aam Aadmi Party MLA Harmeet Singh Pathanmajra in a rape and cheating case.Justice Tribhuvan Dahiya said, "the petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out...

Review Can't Be Invoked After Inordinate Delay: Punjab & Haryana High Court Sets Aside Police Officer's Punishment, Quashes ACR Downgrading

The Punjab and Haryana High Court has set aside the punishment of stoppage of three annual increments with permanent effect imposed on a Haryana Police officer, holding that review powers under Rule 16.28 of the Punjab Police Rules (PPR) must be exercised within a reasonable period and cannot be invoked mechanically after inordinate delay.Justice Jagmohan Bansal said, "The impugned order...

High Court Seeks Punjab Govt's Response On NSA Detainee MP Amritpal Singh's Plea To Attend Ongoing Parliament Budget Session

The Punjab and Haryana High Court on Wednesday sought response from the Punjab government on a plea moved by Khadoor Sahib MP Amritpal Singh, currently detained under stringent National Security Act, seeking temporary release to attend the ongoing budget session in Parliament.Amritpal is presently lodged in Dibrugarh Central Jail.The Budget Session of Parliament is to be convened in two...

Positive Action Of Accused Needed Around Time Of Suicide: P&H High Court Grants Bail To Woman Accused Of Abetting Husband's Suicide

The Punjab and Haryana High Court has granted regular bail to a woman accused of abetting her husband's suicide, observing that the accused must have done some positive act at the time proximate to the occurrence of event.Justice Manisha Batra explained, "in order to bring a case within the provisions of Section 108 of BNS, undoubtedly, there must be a case of suicide and in the commission of...

P&H High Court Directs Haryana DGP To Examine Videos Of Parade Test Amid Allegations Of Bias In Police Promotion Process

The Punjab and Haryana High Court has directed the Director General of Police (DGP), Haryana, to examine whether the parade test conducted for promotion to Head Constable was videographed and to scrutinise the footage to determine if any irregularity occurred in the evaluation process.It was alleged that two selected candidates were in advanced stages of pregnancy at the time of the parade...

Punjab & Haryana High Court Declines To Entertain Punjab Kesari Group Hotel's Plea Against Demolition, Rejects 'Political Vendetta' Claim

The Punjab and Haryana High Court has declined to entertain plea filed by Chopra Hotels Private Limited challenging demolition and sealing orders passed by the Jalandhar Municipal Corporation, holding that an efficacious statutory remedy of appeal lies before the District Judge under Section 269 of the Punjab Municipal Corporation Act, 1976. The company is linked to the Hind Samachar and...