Punjab and Haryana High Court
IPS Y Puran Suicide Case | Punjab & Haryana High Court Dismisses Plea For Transferring Probe To Independent Agency
The Punjab & Haryana High Court has dismissed the petition seeking transfer of the investigation into the suicide of IPS officer Y Puran Kumar to an independent agency, observing that there was no ground to doubt the ongoing probe by the Chandigarh Police.Chief Justice Sheel Nagu and Justice Sanjiv Berry noted, “ The learned Senior counsel representing UT Chandigarh Amit Jhanji...
Income Tax Act | Reassessment Beyond Four Years Invalid When Original Assessment Finalised U/S 143(3): Punjab & Haryana High Court
The Punjab and Haryana High Court has held that re-assessment proceedings beyond four years are invalid when the original assessment has been finalised under Section 143(3) of the Income Tax Act. In case of an Assessment under Section 143(3) of the Income Tax Act, a scrutiny is carried out to confirm the correctness and genuineness of various claims, deductions, etc., made by the...
No Disciplinary Proceedings Can Be Initiated After Dismissal Of Employee From Service: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that once the relationship of employer and employee has been conclusively severed by way of dismissal, the employer becomes functus officio and loses the jurisdiction to initiate or continue disciplinary proceedings against the dismissed employee.Justice Harpreet Singh Brar said, "The foundational axiom governing disciplinary jurisdiction is...
High Court Orders Panjab University To Regularise Contractual Assistant Professors Working Since 2012
In a significant relief to long-serving contractual teachers, the Punjab & Haryana High Court has directed Panjab University, Chandigarh, to regularize the services of two Assistant Professors who have been working continuously since 2012 on sanctioned posts. The Court held that the petitioners were not “backdoor entrants” and had been appointed after a proper selection process...
State Can't Make Contractual Appointments On Minimum Salary For Infinity, Nor Take Advantage Of Mass Unemployment: P&H High Court
Coming down heavily on the prolonged practice of engaging employees on contractual terms, the Punjab & Haryana High Court has held that the State cannot make contractual appointments for infinity on minimum salary, nor can it take advantage of mass unemployment to exploit its citizens.The observation was made while directing the Panjab University to regularise contractual Assistant...
Child Dies At Unregistered Play School In Haryana; High Court Seeks State's Report On Safety Norms, Name Of Officer Responsible
Taking serious note of the death of a child at an unregistered play school in Haryana, the Punjab and Haryana High Court has sought a detailed report from the State Government regarding the safety norms applicable to such institutions. The Court has also directed the State to disclose the name and designation of the officer responsible for ensuring compliance with regulations governing...
'Victim's Mental State Remaining Normal Casts Doubt On Veracity Of Allegations': P&H High Court Suspends Teacher's Sentence In POCSO Case
The Punjab and Haryana High Court has suspended the sentence of a school teacher convicted for sexual harassment under Section 354-A IPC and Sections 10 & 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, during the pendency of his appeal.Justice Namit Kumar noted, "any child who would have experienced such an incident must have been mentally traumatised for a...
IPS Y Puran Suicide | Punjab & Haryana High Court Seeks Status Of Probe From Chandigarh Police
The Punjab and Haryana High Court has sought a status report from the Chandigarh Police regarding the investigation into the alleged suicide of senior Haryana IPS officer Y Puran.While listing the matter for November 12, Chief Justice Sheel Nagu and Justice Sanjiv Berry asked Chandigarh Police to apprise “what is the latest position in the stage of investigation. Where have you reached,...
When Alleged Offence Was Against Public Servant Acting In Official Capacity, FIR Cannot Be Quashed On Compromise: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that offences committed against public servants in the discharge of their official duties cannot be treated as mere private disputes, in such cases FIR cannot be quashed on the basis of compromise between the parties.While dismissing the plea for quashing FIR filed by the accused in view of compromise with the complainant-Public Servant, the...
Punjab & Haryana High Court Stays Injunction Against Radico Khaitan In 'Kashmyr'-'Cashmir' Trademark Dispute Over Deceptive Similarity
The Punjab and Haryana High Court has stayed an order of the Commercial Court, Karnal which had restrained Radico Khaitan Ltd. from using the mark “Kashmyr” for its liquor products following a trademark suit initiated by Picadilly Agro Industries Ltd., proprietor of the marks “Cashmir” and “Cashmere.” A Division Bench comprising Justice Ashwani Kumar Mishra and Justice...
P&H High Court Raps Haryana Commissioner For 'Non-Speaking' Order, Seeks Chief Secy's Response On Training Of Senior Officers
The Punjab and Haryana High Court has expressed concern over the growing trend of non-speaking orders being passed by appellate authorities in Haryana while exercising statutory powers.The Court was hearing a plea challenging the order passed by Commissioner, Hisar Division which was allegedly "non-speaking and cryptic order without giving any reasons."Justice Jasgurpreet Singh Puri directed...
Punjab & Haryana High Court Seeks Response Of Magistrate Who Allegedly Granted Bail To Her Relative
The Punjab and Haryana High Court has sought a response from a Judicial Magistrate (JMIC) Vandana over allegations that she granted bail to an accused who is her close relative.The Court was hearing plea seeking cancellation of bail granted to accused Reshab Walia by the JMIC Vandana in the case registered under Sections 195A (threatening any person to give false evidence) and Section...