Punjab and Haryana High Court
Resumption Proceedings Cannot Be Invoked Over Sold Property, Would Violate Article 300A: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that a property which is sold by a registered sale deed cannot be taken back by invocation of resumption proceeding, observing that the same will amount to violation of right to property under Article 300-A.Justice Sureshwar Thakur and Justice Vikas Suri said, "the instant invocation of the power of assumption, thus on any purported breach of...
Father Allegedly Detained Child Violating Canadian Court's Order: P&H HC Directs Child's Return To Mother, Says Indian Court Cant Be Misused By Foreigner
The Punjab & Haryana High Court has allowed habeas corpus plea filed by a Canadian woman seeking custody of her child from father who allegedly detained him violating Canadian Court order.Justice Manjari Nehru Kaul remarked, "Indian Courts cannot be reduced to instruments of convenience for litigating foreign nationals seeking to sidestep judicial proceedings in their own jurisdictions....
26 Yrs On, Punjab & Haryana High Court Acquits Murder Accused; Doubts Police Constable's Testimony
The Punjab and Haryana High Court has acquitted a man 26 years after he was accused of murdering the husband of a woman he was in relationship with, by assaulting and throwing the husband on a live railway track.While doing so, a division bench of Justices Gurvinder Singh Gill and Jasjit Singh Bedi also expressed doubt as to the veracity of a Police constable's testimony who claimed that...
Man Allegedly Given Electric Shock In Police Custody, Recorded Naked: P&H HC Seeks Response From SSP, Directs Formation Of Medical Board
Taking note of serious allegation of custodial violence and brutal torture, the Punjab & Haryana High Court has sought response from Punjab's Mohali Senior Superintendent of Police (SSP) and directed the PGIMER Chandigarh to from a medical board to examine the alleged injuries inflicted by Punjab Police.It was alleged that the a man was illegally detained, subjected to custodial torture,...
Punjab & Haryana HC Sets Aside Enhanced Punishment Imposed On Cop For Alleged Misconduct In Stopping Minor's Bike
The Punjab & Haryana High Court has set aside the enhanced punishment imposed on a Punjab Police official for alleged misconduct in stopping a minor boy's vehicle. The boy was found with condoms and later died by suicide after being scolded by his father, who had been called by the police.Justice Jagmohan Bansal said, "the petitioner committed alleged misconduct while discharging his...
'State-Inflicted Injustice': Punjab & Haryana HC Grants ₹3 Lakh Compensation To Man Detained For 9 Months In Excess Of Sentence Imposed
The Punjab & Haryana High Court granted Rs. 3 Lakh compensation to a convict in a drugs case who was kept in custody beyond the sentence imposed, observing that "Such violations are not mere administrative lapses; they are acts of constitutional disregard that demand accountability, redressal, and systemic correction."Turning a blind eye to these injustices would not only embolden...
Abandoned Watercourses Not Under 'Village's Common Land' Can Be Transferred As Private Property: Punjab & Haryana High Court
The Punjab and Haryana High Court has dismissed a plea challenging the transfer of an alleged Gram Panchayat land disturbing the water course of drain, to a private developer, observing that the watercourse was already abandoned long time ago.Referring to Punjab Village Common Land (Regulation) Rules, Justice Sureshwar Thakur and Justice Vikas Suri said, "the abandoned paths or watercourses...
'Sword Of Conviction Kept Hanging For 26 Yrs': P&H HC Reduces Sentence In Food Adulteration Case, Flags Listing Of Plea After 15 Yrs
The Punjab & Haryana High Court reduced the sentence in food adulteration case to already undergone observing that the convict was facing the agony of the legal proceeding since 1999.It is pertinent to note that when a conviction is recorded under the provisions of Prevention of Food Adulteration Act (PFA), "neither the accused can be granted the benefit of Probation of Offenders Act,...
Non-Bailable Warrant Must Only Be Issued After Recording Reasons For Its Necessity: Punjab & Haryana HC Sets Aside Bail Cancellation Order
Observing that issuance of non bailable warrant "must not be exercised in a mechanical manner and must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course," the Punjab & Haryana High Court set aside the bail cancellation order in a cheque bounce case.Justice Sumeet Goel noted that the petitioner, after the grant of bail,...
Punjab & Haryana High Court Monthly Digest: March 2025
Nominal Index [Citations 102 - 140]Puneet Sharma and others v. Union Territory, Chandigarh and others 2025 LiveLaw (PH) 102Gurprabh Singh @ Prince v. State of Punjab 2025 LiveLaw (PH) 103COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS 2025 LiveLaw (PH) 104ABCD v. State of Haryana 2025 LiveLaw (PH) 105Navneet Chauhan and others v. State of Haryana and another 2025 LiveLaw...
When Breach Of Contract Is Explained, Harsh Penalties Like Blacklisting Which Impacts Others' Employment Should Not Be Imposed: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that when breach of contract is bonafidely explained then harsh penalty like blacklisting of company should not be imposed since it impacts on employment and business of people associated.Justice Sureshwar Thakur and Justice Vikas Suri said, “ Where breach to a concluded contract becomes bonafidely explained besides when a bonafide...
Wife Got Pregnant After Husband's Vasectomy At Govt Health Centre: P&H HC Set Aside Order Granting Compensation, Says State Not Liable For Failure
The Punjab & Haryana High Court has set aside the compensation granted to a couple for the failure of a vasectomy operation, as a result of which the woman conceived and gave birth to a girl child.In a move to control the fast-rising population of India, vasectomy operations were incentivised by the Haryana government in 1986 by offering payment.Justice Nidhi Gupta while allowing the...