Punjab and Haryana High Court
Contempt Plea In Violation Of Company Law Board's Order Can Be Initiated In HC Without Reference From Board: P&H High Court
The Punjab & Haryana High Court has made it clear that the Company Law Board is a court subordinate to the High Court, and contempt proceedings in violation of its order could be initiated by an aggrieved party without requiring a reference from it.Justice Sureshwar Thakur and Justice Vikas Suri said, "there was no requirement for any reference becoming made by the CLB concerned, thus a...
Punjab & Haryana HC Frowns Upon Illegible Medical Prescriptions, Says Prima Facie Patient Has Fundamental Right To Know Medical Status
The Punjab and Haryana High Court has said that right to know the medical status of a human being is a facet of fundamental right under Article 21 of the Constitution.The Court was “shocked and surprised” to note that in this era of computers, “the notes on the medical history and on the prescriptions by the Government Doctors are written by hand which cannot be read by anybody...
P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case
The Punjab & Haryana High Court has refused to drop disciplinary proceedings initiated against a judicial officer, a member Superior Judicial Services accused of granting excessive compensation in a road accident case based on "extraneous consideration."Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "A bare perusal of the charge-sheet reveals that after alleged grant of...
P&H High Court Quashes FIR Against Selected Candidates In Haryana Civil Services Accused Of Being Involved In Favouritism, Corruption Case
The Punjab & Haryana High Court has quashed the FIR and summoning orders under the Prevention of Corruption Act against selected candidates in Haryana Civil Services (HCS) 2004, accused of being involved in corruption case against the Chairman and Members of the HPSC in selections from the year 2001 to 2004.The candidates in the present case was not given the appointment letters...
Punjab Not Intending To Comply With Directions To Disclose Funds Spent On Advertisement: High Court Asks State To Respond
The Punjab & Haryana High Court observed that the Punjab Government does not intend to comply with the directions to provide details on expenses incurred by the State on publishing advertisements in print and audio-video media, expenses incurred on the renovation of the houses of Ministers, MLAs, money spent on litigation at Delhi High Court and Supreme during the period, December 2021...
Whether Ad-Valorem Court Fees Of Entire Sale Consideration Amount Is Required To Be Paid In Plea Seeking Cancellation Of Agreement To Sell, P&H HC Answers
The Punjab & Haryana High Court has made it clear that when the suit is only for rescinding the agreement to sell & forfeiting earnest money, the court fees should only be on the earnest money, not the full sale consideration.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "court fees ad valorem to the asked for forfeited earnest money, but is required to be affixed on...
Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case
The Punjab & Haryana High Court quashed the summoning order against a wrestling coach in a POCSO case, observing that the allegations levelled against him were not related to the trial in which he was summoned.Justice Amarjot Bhatti said, "For summoning of additional accused under Section 319 Cr.P.C., the Court is required to look into the form of evidence which appears against such...
Online Sextortion On Rise After Lockdown, Dehumanises & Feeds On Victim's Shame: P&H HC Rejects Bail To Woman Accused Of Blackmail
The Punjab & Haryana High Court rejected bail of a woman accused of blackmailing a 73-year-old doctor to make viral his obscene videos and extorting Rs 1.34 crore from him.It was alleged that the doctor received a WhatsApp video call from a woman identified and following her instructions, he went to the bathroom and undressed, during which she allegedly recorded an obscene video of him....
Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use: Punjab & Haryana HC
The Punjab & Haryana has observed that Section 175(3) of BNSS has introduced additional safeguards ensuring that before directing the registration of an FIR, the Magistrate is required to conduct such inquiry as deemed necessary and consider the submissions made by the police officer.Justice Harpreet Singh Brar said, "Furthermore, Section 175(3) of BNSS has introduced additional...
'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...