Punjab and Haryana High Court
Prescribing Minimum Marks In Judiciary Exam Necessary, Otherwise Standards Will Be Diluted: Punjab & Haryana High Court
The Punjab and Haryana High Court today said that that minimum marks prescribed for qualifying district judiciary exam is "is permissible for adjudging the qualities and capacities of the candidate seeking an appointment to judiciary."The candidates in the Haryana District judiciary exam were required to secure at least 50% i.e 500 marks out of the 1000 aggregate marks in the written test...
'Quite Alarming': P&H High Court Flags Increasing Number Of Proclaimed Offenders, Asks Punjab DGP To Ensure Detailed Report Is Submitted
The Punjab & Haryana High Court has asked Director General of Police, Punjab to ensure that a complete information on number of proclaimed offenders in the State is submitted by way of an affidavit of a responsible officer.The Court noted that there are total 4329 proclaimed offenders only in one District, Jalandhar.Justice Mahabir Singh Sindhu said, "As number of cases, where accused...
RTI Act Doesn't Give Right To Seek Information With Motive To Harass: Punjab & Haryana High Court
The Punjab & Haryana High has said that the Right to Information Act (RTI Act) does not give right to anyone to seek information with a motive which amounts to harassing the employees of the Department.In the present case, the information of the complete record of the Department was sought from the Cooperative Society by a lawyer.Justice Harsimran Singh Sethi said, "The Right to...
Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence.According to Section 222 of CrPC, When a person is charged with an offence...
Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by the...
NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court
In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. The petitioner was arrayed as an accused based on a disclosure statement. Following a chance...
Elderly Man Using “Lathi” Not A Weapon: Punjab & Haryana HC Modifies 100-Yr-Old's Murder Conviction To Culpable Homicide Not Amounting To Murder
The Punjab & Haryana High Court has altered a 100 year old man's murder conviction to culpable homicide not amounting to murder, noting that he delivered a single blow with his lathi, which is not a weapon and is typically carried by elderly persons in villages.Justice Gurvinder SIngh Gill and Justice Jasjit Singh Bedi said, "The question that there arises for consideration is as to...
'Taliban-Style Punishment': Punjab & Haryana HC Declines Pre-Arrest Bail To Man Who Paraded Victims In Public With 'I Am Thief' Placards
The Punjab & Haryana High Court refused to grant pre-arrest bail to a man who was accused of parading five people including minor girls in the market with a placard, "I am a thief, I confess my guilt" written on it.Justice Namit Kumar said, "cardboards were hanged around the neck of the victim by writing incriminating material “I am a thief, I confess my guilt”on white placards;...
Punjab & Haryana HC Declares Punjab Govt's Notification On Resuming Ownership Rights In Rajpura's Industrial Estate Projects As Inoperative
The Punjab & Haryana High Court has declared Punjab Government's decision to “resume” ownership rights in ongoing projects in Rajpura's Industrial Estate as "inoperative."Justice Sureshwar Thakur and Justice Vikas Suri said, "there is a necessity of passing a fresh speaking decision, in accordance with law, as such both the interest of justice and equity demands, that the...
NI Act | Advisable To Impose Fine Equivalent To Amount Of Cheque With At Least 6% Interest For Uniformity: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that, to maintain uniformity in imposing fines in cheque bounce cases under the Negotiable Instruments Act (NI Act), the fine should be equivalent to the amount of the cheque, plus at least 6% interest per annum from the date of the cheque until the date of the judgment of conviction."Justice N.S. Shekhawat said, "To be consistent and uniform, it...
10-Yr-Old Not Concerned With Financial Security Provided By Father, Personality Build Up More Crucial: P&H HC Upholds Mother's Custody
The Punjab and Haryana High Court recently upheld the mother's custody of a 10 years old girl child, rejecting the father's contention that he is the rightful guardian of the child as he is building a financial corpus for the child's future.Single judge Justice Archana Puri remarked, "So far as, the financial security is concerned, it is good that father is doing so to secure the future of...
MP Amritpal Detained Under NSA Granted Leave From Attending Parliament: Lok Sabha Tells Punjab & Haryana High Court
The Union Government today informed the Punjab and Haryana High Court that MP Amritpal Singh has been granted leave of 54 days from attending sessions of the Parliament.ASG Satya Pal Jain informed the bench of Chief Justice Sheel Nagu and Justice Sumeet Goel that Amritpal's application seeking leave was allowed yesterday (March 12) in the Parliament.The development is significant in light...