Punjab and Haryana High Court
Limited Resources, Routine Cases May Erode CBI's Credibility: P&H High Court Refuses To Transfer Probe In Alleged Medical Tourism Fraud Case
The Punjab & Haryana High Court has refused to transfer investigation to the Central Bureau of Investigation (CBI) in a medical tourism fraud case.As per the allegations, a Kenyan resident was cheated by the petitioner and her dentist husband, who had offered her a medical tourism package. It was alleged that the woman was not treated properly and suffered a significant financial...
2004 Haryana Civil Services Scam: High Court Division Bench Delivers Split Verdict On Plea For Appointment Of Allegedly Tainted Candidate
The Punjab & Haryana High Court delivered split verdict on appointment of alleged tainted candidate in 2004 Haryana Civil Services recruitment.Justice Sanjeev Prakash Sharma allowed the intra court appeal and directed to appoint the candidate, whereas Justice Meenakshi I. Mehta dismissed the plea.Facts In BriefThe Letter Patent Appeal was filed by Surender Lather who was selected in...
P&H High Court Issues Contempt Notice Against DSP Who Asked Accused For Certified Copy Of Bail Order, Later Discharges Him Upon Taking Lenient View
Taking a lenient view, the Punjab & Haryana High Court has discharged a Deputy Superintendent of Police (DSP) from a contempt notice issued for asking the accused in an SC/ST Act case for the certified copy of the interim pre-arrest bail order granted by the High Court. The Court had asked the accused to join the investigation.Justice Sandeep Moudgil said, "Though there is no...
Remarks Made In Employee's ACR Creates Civil Rights, Adverse Remarks Must Be Reasoned: Punjab & Haryana High Court
The Punjab & Haryana High Court has said Annual Confidential Report (ACR) or Annual Performance Appraisal Report serves as a critical tool in evaluating the performance of employees, and since adverse remarks can deprive of promotion, it should be backed with reasons.Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "Remarks made in the annual performance appraisal report...
Giving Custody To Father Who Remarried & Is Living With Second Wife Is Not Conducive To Child's Welfare: Punjab & Haryana High Court
The Punjab & Haryana High Court has directed to restore custody of a minor son to his Australian mother, observing that giving custody of the child to father who has remarried and living with second wife is not conducive to the welfare of the child.Notably, the Australian Court had granted custody of the mother and father was only given the visitation rights.Justice Rajesh Bhardwaj said,...
Punjab & Haryana High Court Upholds Dismissal Of Civil Judge Whose Integrity Was Found 'Doubtful' During Probation Period
The Punjab & Haryana High Court upheld the dismissal of a Haryana Civil Judge whose integrity was found "doubtful" after receiving several complaints during his probation period.Chief Justice Sheel Nagu and Justice Sumeet Goel rejected the dismissed judge's argument that after completion of the period of probation of two years plus the extended period of one year and in the backdrop...
Jail Is Not Rule In All Economic Offences, No Bar On Granting Bail When Allegations Not Grave: Punjab & Haryana High Court
Observing that jail should not be the norm in all economic offences, especially when the allegations are not of a grave nature, the Punjab & Haryana High Court recently granted relief in a tax evasion case.Justice Manisha Batra said, "it is not advisable to categorize all the economic offences into one group and deny bail on that basis. While considering the question of grant of bail,...
Sowing Agriculture Crop No Ground For Interim Bail, Even If Allowed Who Will Look After It? Punjab & Haryana High Court
The Punjab & Haryana High Court denied the plea for interim bail of four weeks in an attempt to murder case, which was sought by the accused for the purpose of sowing agriculture crop for the the upcoming season.Justice Anoop Chitkara said, "without commenting upon powers of this Court to grant bail, this Court is not inclined to grant interim bail to the applicant on the ground mentioned...
Street Vendors Can't Be Labelled As Encroachers, Municipal Authority Collecting Fee From Them Should Give Social Security: P&H High Court
The Punjab & Haryana High Court has made it clear that street vendors cannot simply be evicted on account of not having vending certificates and recommended the Chandigarh Municipal Corporation to provide social security schemes.Finding the plea–seeking removal of street vendors–to be motivated the court dismissed it with cost of Rs 50,000 on the petitioners. A division bench of...
P&H High Court Senior Advocates' Association Honours Justices Sanjeev Prakash Sharma & Anil Kshetarpal On Proposed Transfer
The Punjab & Haryana High Court Senior Advocates Association on Thursday (May 29) felicitated Justice Sanjeev Prakash Sharma and Justice Anil Kshetarpal on their recent proposed transfers recommeded by the Supreme Court collegium. Justices Sharma and Kshetarpal were recently recommended for transfer by the Supreme Court Collegium. Justice Sharma has recommended to be transferred to his...
'We're A Country Where Clerks Become Chief Justices, Tribal Lady Becomes President': P&H High Court On Elites Belittling Small Businesses
The Punjab & Haryana High Court has frowned upon the "elite class" still following the Britishers and looking down upon their own countrymen doing small businesses.A division bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said that we're a country of homogenous population where "a Tribal lady of a remote village can now be the President of India, and a worker from...
Anticipatory Bail Can Be Filed From Abroad But Accused Must Come To India Before Final Hearing: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that although "an application for pre-arrest bail can be filed even by a person residing outside the country, however, the only limitation is that prior to the final hearing, the applicant must be inside the country" to enable the Court to impose and enforce bail conditions.Justice Namit Kumar in his order observed, "a person sitting on an armchair in...