'For Uniformity & Coherence': P&H HC Issues Guidelines For Magistrates To Consider Cancellation Reports, Application To Lodge FIR Under BNSS

The Punjab & Haryana High Court issued a slew of guidelines to magistrates on consideration of cancellation reports and applications to lodge FIRs under section 156(3) of CrPC. (Section 175(3) of BNSS), observing the variations in the manner, in which Magistrates are dealing it.Justice Harpreet Singh Brar said, "As a watchful guardian of the rights of the citizens, the Courts bears...

Motor Vehicles Act | Victim Need Not Prove Negligence Of Offending Driver To Claim Compensation U/S 163A: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that negligence of the driver of the offending vehicle need not be proved under Section 163-A of the Motor Vehicle Act, to claim compensation.As per Section 163-A, notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or...

State Must Consider Regularising Employees Who Have Completed 10 Yrs Of Service As Per SC Ruling In Uma Devi Case: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the state is duty-bound to consider the regularisation of employees who have been working for 10 years in accordance with the Supreme Court's directive in Secretary, State of Karnataka vs. Umadevi.The Court disposed of a batch of 151 pleas filed against the Haryana Government by different employees seeking regularisation of their services...

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor

The Punjab & Haryana High Court has set aside an order refusing to grant sanction to prosecute the four members of the Special Investigation Team (SIT) constituted by the Commissioner of Police, accused of framing a school bus conductor in the Gurugram school student murder case.In 2017, a 7-year-old boy was found dead in a school in Gurugram. Initially, Haryana Police investigated the...

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC

The Punjab and Haryana High Court has said that in discharging its role as a litigant, the State must adopt a balanced and judicious approach, resisting the temptation to oppose the claims of citizens indiscriminately.Chief Justice Sheel Nagu and Justice Sumeet Goel said, “The State must exercise due diligence in distinguishing between a baseless and a legitimate claim. While it is justified...

P&H HC Imposes ₹25K Cost On 'Contemptous Plea' Against Judicial Officers, Says Court's Dignity Isn't So Brittle To Be Shattered By Stones Thrown By 'Mad Man'

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on a litigant who filed a "contemptuous" plea seeking the filing of an FIR against judicial officers and lawyers allegedly for grabbing a public property.The petitioner, who claimed to be a lawyer, was appearing in person and alleged that four judicial officers misused their office to grab public property.Justice N.S....

Sorry State Of Affairs, Punjab Police Unable To Nab Accused: High Court Seeks Jalandhar Commissioner's Explanation In POCSO Case

The Punjab and Haryana High Court expressed displeasure over the police's failure to arrest a man accused of raping a minor girl, despite the dismissal of his pre-arrest bail plea in August 2024.Justice Namit Kumar said, "The present case shows the sorry state of affairs of the State machinery, where the police is unable to nab the accused, who has been prosecuted for committing heinous...

To Establish Offence Of Mischief, There Must Be Intention To Cause Loss & Destruction Caused Must Result In Loss Of Value Of Property: P&H HC

The Punjab & Haryana High Court has said that to establish the offence of mischief under Section 425 of IPC there must be an intention to cause damage to property and that should result in diminishing its value.Justice Manisha Batra said, "It is clear that the main ingredient of offence of mischief is that there must be intent to cause wrongful loss or damage to the property and with...

P&H HC Quashes State's Cancellation Of Medical Student's Admission Through Freedom Fighter Quota, Says Rules Of Game Cannot Be Changed Midway

The Punjab & Haryana High Court quashed an order of a Punjab State University whereby admission granted to a medical student under the freedom fighter quota was cancelled despite clear reservation criteria given under the prospectus.Chief Justice Sheel Nagu and Justice Sumeet Goel said, "The doctrine proscribing change of rules midway through the game or after the game is played,...

[PMLA] 'No Possibility Of Trial Being Concluded In Reasonable Time': Punjab & Haryana HC Grants Bail To Builder Accused Of Cheating Home Buyers

The Punjab & Haryana High Court has granted bail to a director of a company accused under the Prevention of Money Laundering Act (PMLA) for fabricating bank guarantees as well as cheating 1500 prospective home buyers.It was alleged that SIkander Singh failed to complete the projects as per time schedule and did not deliver the flats as per agreed terms & conditions, thus,...

Ministry Policy Cannot Override Supreme Court Precedents On Defence Security Corps Pension Condonation: P&H High Court

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepthi Sharma dismissed a writ petition that challenged an Armed Forces Tribunal's order. The Tribunal had condoned a shortfall of 343 days and granted service pension to a DSC serviceman. The Court held that Union of India v. Surender Singh Parmar (2015) permits condonation of service shortfalls up to...

Service-Related Disability Entitles Armed Forces Personnel To Full Pension Benefits; Meeting Qualifying Period Not Mandatory: P&H HC

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepti Sharma upheld an Armed Forces Tribunal's decision regarding the disability pension for an ex-serviceman. The court ruled that disabilities attributable to or aggravated by service entitles a serviceman to both the disability and service elements of the pension. It noted that this applies even if...