Punjab & Haryana High Court Monthly Digest: February 2025

Nominal Index [Citations 45 - 98]Sikandar Singh v. Directorate of Enforcement 2025 LiveLaw (PH) 45Samarveer Singh v. State of Punjab and others 2024 LiveLaw (PH) 46Dilbagh Singh v. State of Punjab 2024 LiveLaw (PH) 47Suresh Kumar v. State of Haryana and others 2024 LiveLaw (PH) 48Samarveer Singh v. State of Punjab and others 2024 LiveLaw (PH) 49CBI v. State of Haryana along with connected...

Pragmatic Approach Needed To Combat Rising Trend Of Real Estate Fraud, If Unchecked May Lead To Recession Like Situation: Punjab & Haryana HC

The Punjab & Haryana High Court said that a "robust and pragmatic approach" is warranted to combat the rising trend of deceitful manipulation involving real estates. It flagged that allowing such activities to continue unchecked would contribute towards creating serious repercussions contributing to recession-like circumstances.In a Serious Fraud Investigation Office (SFIO) report it...

Ensure Encumbrance-Free Delivery Of Land's Possession To NHAI: Punjab & Haryana High Court Tells Punjab Govt

The Punjab & Haryana High Court has asked the Punjab Government to handover the encumbrance free possession of National Highways Authority of India for for national highway projects, including the Delhi-Katra Expressway.Justice Sureshwar Thakur and Justice Kuldeep Tiwari while noting the affidavits were filed by several Deputy Commissioners concerned along with the Senior Superintendents...

High Court Upholds Haryana Govt's Land Acquisition In NCR Region, Says NCR Act Not Violation Of Land Acquisition Act

The Punjab & Haryana High Court has upheld the Land acquisition of Haryana Government in National Capital Region (NCR) observing that Land Acquisition Act, 1894 and National Capital Region Planning Board Act (NCRPB Act) both serve different purposes and do not override each other.According to NCRPB Act no development project or scheme can be implemented within the NCR without the...

Punjab & Haryana High Court Flags 'Alarming' Rise In Immigration Frauds, Calls For Stringent Deterrence

Flagging growing prevalence of immigration fraud rackets, the Punjab & Haryana High Court has said that there is "urgent need to adopt a stringent approach to deter such conduct." Justice Manjari Nehru Kaul said, "Crimes involving immigration fraud have reached alarming proportions in recent years. Unsuspecting individuals are often lured with promises of overseas employment or education,...

Punjab & Haryana High Court Deprecates Trend Of Filing 'Misconceived' Appeals Against Interim Orders In Pending Cases, Imposes ₹50K Cost

The Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a litigant for discourage filing of "misconceived" Letters Patent Appeal (LPA) against innocuous orders in pending cases.While noting that in the present case the writ is already pending, Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "Suffice it to note that the present appeal is in gross abuse...

'Under Garb Of Spa Centres, Miscreants Are Running Prostitution Racket': HC Tells Punjab Govt To Frame Guidelines For Welfare Of Female Staff

The Punjab & Haryana High Court has directed the Punjab Government to frame a policy to regulate the operations of spa and massage centres within the State of Punjab, noting that under the guise of running such centres, prostitution rackets and immoral/human trafficking are taking place in several locations.Justice Kuldeep Tiwari said, "taking into account the gravity of the issue involved...

Basic Amenities Like Electricity Connection Is Fundamental Right: Punjab & Haryana HC Quashes Arbitrary Cut-Off Date To Apply For Electric Connection

The Punjab & Haryana High Court has set aside the notification issued by the Punjab Government that had specified a cut-off date for granting electricity connections in unauthorized colonies, observing that receiving basic amenities in a plot is a fundamental right.According to the notification, only those allottees who, up to 31st July 2024, had entered into powers of attorney or...

'Revenue Blocked': Punjab & Haryana HC Flags Delay In Deciding Appeals By Tax Appellate Authorities, Asks For Reasons For Delays Beyond 1 Yr

The Punjab & Haryana High Court flagged the delay in deciding appeals by Tax Appellate Authorities, observing that Appellate Authorities should endeavour to dispose of the appeals, preferably within one year as per the provisions of the Income Tax Act, 1961.Justice Arun Palli and Justice Sudeepti Sharma said, "Considering that substantial amount of revenue is involved in these appeals,...

High Court Issues Notice On Plea Seeking Stay On Recruitment Of Teachers At Panjab University Till Implementation Of OBC Reservation Scheme

The Punjab & Haryana High Court has issued notice on a plea seeking quashing or a stay on Panjab University Teacher's Recruitment advertisements issued in 2023 and 2024 for allegedly failing to comply with the central education The Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019, mandates reservation for Scheduled Castes (SC), Scheduled Tribes (ST), socially...

Allegations Of Affair Common In Matrimonial Dispute: Punjab & Haryana HC Refuses To Grant 3-Yr-Old's Interim Custody From Father To Mother

The Punjab and Haryana High Court refused to grant the interim custody of the 3-and-a-half-year-old son to the mother from the father, observing that the child is happy with the father and uprooting him would not be in his best interest.Justice Vikram Aggarwal refused to consider allegation levelled against the child's father by the mother about his involvement with another girl. "Though,...

High Court Pulls Haryana Urban Development Body For Denying Possession To Successful Allottees, Orders ₹5 Lakh Damages

The Punjab and Haryana High Court pulled up Haryana government's urban development body–Haryana Shehri Vikas Pradhikaran–for denying possession of land to certain successful allottees who paid the sale consideration but were refunded the money, terming it a "clever subterfuge to evade discharging its contractual obligations". HSVP earlier known as HUDA–had rejected the representation of...