Punjab and Haryana High Court
P&H HC Grants ₹50 Lakh Compensation Over Illegal Seizure Of Imported Kiwi Fruit By Customs, Says Policy Needed To Ensure Imported Goods Reach Public In Time
The Punjab and Haryana High Court slammed the Customs Department for wrongfully and illegally withholding a consignment of a large quantity of kiwi fruit being imported into India and granted compensation of Rs. 50 lakh.The Court also suggested the concerned authorities to formulate a policy so that testing labs, shipping companies, and Customs Authorities "work in tandem and an atmosphere...
High Court Awards ₹5 Lakh Compensation To Man Whose Land Had Been Arbitrarily Targeted For Acquisition By Haryana Govt Since 1962
The Punjab & Haryana High Court has awarded Rs. 5 lakh compensation to a man whose land was "arbitrarily and discriminatorily" targeted for acquisition by the Haryana Government since 1962.Justice Sureshwar Thakur and Justice Vikas Suri said, "the power of eminent domain becoming misemployed, besides becoming employed with malafides, and, also being infected with the vices of...
Compensation For Accident Can't Be Denied Merely Because Claimant Was Driving "Jugaad" Vehicle Without Registration: Punjab & Haryana HC
The Punjab and Haryana High Court has stated that merely because the claimant was driving a 'jugaad' vehicle (car without registration), compensation under the Motor Vehicles Act cannot be denied without proving his fault.The case dates back to 1993, when Bijender Singh, while driving a car without registration, met with an accident as a U.P Roadways bus collided with his vehicle. Singh's...
PMLA | Not Mandatory For Court To Conclude That Accused Is Innocent Before Granting Bail: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that for the purpose of granting bail to an accused under the Prevention of Money Laundering Act (PMLA), it is not a mandatory requirement that the Court must arrive at a finding that the petitioner had not committed any offence under the PMLA.Justice N.S. Shekhawat said, "Therefore, this Court has no hesitation to hold that the restrictions,...
Punjab & Haryana HC Raps Top Cop Over Delay In Deciding Plea Of Runaway Couple Seeking Protection, Flags SOP Requiring Decision In 3 Days
The Punjab & Haryana High Court condemned the Senior Superintendent of Police (SSP) for delaying in deciding the representation filed to the Police by a run-away couple.Taking note of the delay of 5 days in the deciding the representation and non-compliance of the SOP issued by the Department of Home Affairs, under the directions of the High Court in Kajal v. State of Haryana, the Court...
Not Rarest Of Rare Case: Punjab & Haryana HC Commutes Death Penalty Of Man Convicted For Rape & Murder Of Minor Daughter
The Punjab & Haryana High Court commuted death sentence awarded to a man into life imprisonment for the remainder of his natural life without the application of the provisions of premature release, for rape and murder of his 6-year-old daughter.Justice Gurvinder Singh Gill and Justice Jasjit Singh Bedi said, "While there is no doubt about the brutal and heinous nature of the crime...
Senior Citizens Act Creates Eviction Right Only When Property Owned By Senior Citizen Is Transferred To Children Or Relatives: Punjab & Haryana HC
The Punjab and Haryana High Court has set aside the order directing the vacation of the property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, observing that order can only be passed when the senior citizen is the owner of the property in possession of their children or relative.Justice Harsimran Singh Sethi said, "The direction which has been given by...
Punjab & Haryana HC Declines To Expunge Trial Court's Remark Against Cop For Prima Facie Implicating Innocents In Rape Case For Extortion
The Punjab and Haryana High Court refused to expunge remarks against a police officer who was "prima facie" found to be involved in implicating innocents in a rape case by his alleged partner for extorting money.Justice Jagmohan Bansal differentiated the High Court Rules which states that the Judges conducting trial are advised not to make adverse observations against Police Officers and...
Punjab & Haryana High Court Quashes Defamation Case Against Journalists For Reporting CM Bhagwant Mann's Statement Against Then MLA
The Punjab & Haryana High Court has quashed a defamation case filed against former Editor-in-Chief of The Tribune newspaper, and other journalist for reporting a statement made by Chief Minister Bhagwant Singh Mann in 2019 against then Aam Aadmi Party (AAP) MLA Nazar Singh Manshahia.As per the report, Bhagwant Mann, the then Punjab AAP chief and Sangrur MP, had said that Congress leaders...
Punjab & Haryana HC Declares Haryana Govt Notification Curtailing Land Rights Of 'Dholidars' As Unconstitutional
The Punjab and Haryana High Court has declared the Haryana Government's notification unconstitutional, which made the application of amendments under the Haryana Dholidar, Butimar, Bhondedar, and Muqararidar (Vesting of Proprietary Rights) Act retrospective.The petitioners, who had been recorded as occupancy tenants (Dholidars), sought protection of their property rights, arguing that...
Child In Womb During Accident Entitled To Compensation Under MV Act: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that a child in womb during motor vehicle accident is also entitled to compensation under the Motor Vehicle Act (MV Act).In the present case, the Court awarded an additional compensation of Rs.9.29 lakh in a motor accident claim.Justice Suvir Sehgal noted that, "no compensation has been awarded on the account of loss of estate and loss of consortium...
'With Rise In Property Prices, Values Are Declining': Punjab & Haryana HC Laments Increase In Property Disputes After Family Member's Death
"With time, with the rise in the prices of property, there has been a decline in values. Murders take place over property disputes and civil litigation has become the order of the day", observed the Punjab & Haryana High Court while flagging decline in family values amid rising land-dispute litigations.Justice Vikram Aggarwal said, "No doubt, such litigation and disputes have existed...