Punjab and Haryana High Court
Failure To Fulfill Basic Financial Responsibilities By Husband Amounts To Cruelty, Desertion: Punjab & Haryana High Court
The Punjab & Haryana High Court has upheld the ex-parte dismissal of a divorce plea filed by a husband, observing that the husband failed to fulfil basic financial responsibilities which amounts to cruelty and desertion.The husband alleged that wife has left her matrimonial house along with their child, which amounts to cruelty. However, the Court found it is husband who had deserted...
Relying On SC's Kejriwal Order, High Court Grants Interim Bail To Former Punjab Minister Booked Under PMLA To Campaign For Lok Sabha Polls
Relying on Supreme Court's order granting interim bail to Delhi Chief Minister Arvind Kejriwal to campaign for the upcoming Lok Sabha Elections, the Punjab and Haryana High Court has granted interim-bail to Punjab's former Forest Minister Sadhu Singh Dharamsot, arrested by the Enforcement Directorate in connection with a money laundering case.Justice Vikas Behl said, "This Court does not...
Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024
Nominal Index [Citations 143 - 152]Neeraj Bhardhwaj v. State of Haryana & Ors. 2024 LiveLaw (PH) 143The Bathinda Central Cooperative Bank Employees Union (Regd.), Bathinda vs. Election Commission of India and others Citation: 2024 LiveLaw (PH) 144Sushil Kumar @ Sushil Yadav & Anr v. State of Haryana & Anr 2024 LiveLaw (PH) 145Gopal Krishan vs State of Punjab and Others Citation:...
'Require Active Deterrence': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Booked For Stalking, Brandishing Gun At Girl
The Punjab and Haryana High Court has refused to grant anticipatory bail to a 34-year-old man accused of stalking and brandishing a gun at a girl, observing that the act "requires active deterrence."Justice Sumeet Goel observed, "A man who is hounding a young female while brandishing a gun, poses a threat which can become a cause of disquiet and pernicious trauma for the victim as also...
Unfortunate Teachers Are Made To Fight For Their Service, Endeavour Should Be Made To Appoint Them On Regular Basis Instead Of Ad-Hoc: P&H High Court
Expressing concern over rising number of cases relating to appointment of teachers, the Punjab and Haryana High Court has said that it is unfortunate that teachers, who are nation builders are fighting on roads or courts for their rights.Justice Jagmohan Bansal said, "a number of petitions are coming up before this Court on account of contractual, ad hoc or temporary appointment of teaching...
Punjab ADA Exam | Bar Association Certificate Sufficient To Prove Experience, State Can't Ask For Appearance Record In Court Order: High Court
The Punjab and Haryana High Court has upheld the single judge's decision to the effect that a certificate issued by the Bar Association of the concerned Court would qualify as proof of experience at the Bar.The development came after the Punjab Government's decision to direct the selected Deputy District Attorney (DDA) and Assistant District Attorney (ADA) candidates to produce court orders...
Employee Entitled To Interest On Retirement Benefits For Unjustifiable Delay On Part Of Employer: Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Namit Kumar held that where there is an inordinate delay in retirement benefits and the delay is not justifiable, the employee will be entitled to interest. It held that an employee will be entitled to the interest on an amount which was retained by the employer without any valid justification. Brief Facts: The Petitioner,...
Cost Of Security Provided To Those Associated With Religious Orgs, Political Parties Or Entertainment Industry Must Be Recovered From Them: P&H High Court
The Punjab & Haryana High Court has sought Standard Operating Procedures (SOP) from both the states and UT Chandigarh regarding providing security to individuals against threat perception and also about charges payable against it.While directing details required to be included in SOP, Justice Harkesh Manuja said, "If an individual is provided security due to their association with a...
'Juristic Person Cannot Be Put Behind Bar', Amazed How Trial Court Entertained Pre-Arrest Bail Plea Of School: Punjab & Haryana High Court
The Punjab and Haryana High Court recently dismissed as non-maintainable a pre-arrest bail application moved by a school in a fraud case.Justice Kuldeep Tiwari while dismissing the plea said, "...being totally antagonist to the real persons, a juristic person cannot be put behind bars. When no mechanism to put a juristic person behind bars has yet been evolved, therefore, there arose no...
Litigant Knocked On Court's Door Six Times Seeking Pension: Punjab & Haryana HC Imposes ₹8 Lakh Cost On Employer For Denying Retiral Benefits, Abusing Legal Process
Observing that, "pensionary benefits is a constitutional right" and cannot be deprived "except by authority of law", the Punjab & Haryana High has imposed a cost of Rs.8 lakh on Dakshin Haryana Bijli Vitran (DHBVN) for compelling its employee to approach the Court six times for seeking retrial benefits and acting in contemptuous manner.Justice Jasgurpreet Singh Puri said,...
Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment
The Punjab & Haryana High Court has issued bailable warrants against an IAS officer to ensure her presence in a contempt plea filed by a man for allegedly violating the High Court's order and causing "illegal obstruction" in the construction of a plot.Justice Rajbir Sehrawat said, "to ensure the presence of the respondent (Sangeeta Tetarwal, IAS Commissioner Municipal Corporation...
[Serious Fraud] Non-Compliance With Formalities Of Companies Rules Not Breach Of Mandate To Inform Grounds Of Arrest When Accused Not Formally Arrested: P&H High Court
The Punjab & Haryana High Court has set aside the bail orders granted in serious fraud cases under the Companies Act (the Act), observing that "mere non-compliance of the formality" under Companies Act Rules cannot be construed to be the breach of the mandate carried in Section 212(8) of the Act of 2013, when theaccused person is not formally arrested.Section 212(8) of the Act states that...