Woman Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent: Punjab & Haryana High Court

The Punjab & Haryana High Court held that a woman living separately from her husband without obtaining divorce can terminate pregnancy without taking consent from the husband under the Medical Termination of Pregnancy Act.Justice Kuldeep Tiwari referring to X Vs. Principal Secretary, Health and Family Welfare Department and Anr and, Rule 3(B)(c) of the The Medical Termination of...

Haryana's Anti-Cow Slaughter Law Meant To Curb Beef Consumption But Alarming Rise In Litigation Shows State Is Not Executing It Properly: High Court

The Punjab & Haryana High Court has expressed concern about increasing litigation under the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, observing that the objective of the Act was to curtail the "consumption of beef menace emanating from the powerful meat lobby consuming and selling beef" but State is not executing properly.The Court rejected the anticipatory bail plea of the...

Pendency Of Civil Or Criminal Litigation Between Partners Cannot Estop Either Partner From Invoking Arbitration Clause: Punjab and Haryana HC

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that pendency of a civil and criminal litigation inter se partners, cannot estop one of the partners from invoking the arbitration clause or bar the reference of dispute for adjudication to an arbitrator for determination. Brief Facts: This petition has been filed under Section 11 (6) of the Arbitration Act...

Under What Terms Was High Court Building Declared UNESCO World Heritage Site?: Punjab & Haryana HC Asks Chandigarh

The Punjab & Haryana High Court has asked the Union Territory (UT) of Chandigarh the legal status of Le Corbusier Foundation, Paris, the terms & conditions subject which High Court original building was declared UNESCO World Heritage site.Notably, Chandigarh was planned by the famous French architect Le Corbusier, who also designed the High Court building, which was declared as...

NDPS Act | Grant Of Bail In Commercial Quantity Case Due To Undue Delay In Trial, Not Fettered By Bar Of S.37: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that the grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 of the NDPS Act, 1985.As per Section 37 of the NDPS Act, the Court can grant bail to an accused in case of commercial quantity only after hearing the public prosecutor. If the prosecutor...

Person Seeking Relief Must File A Petition, Can't Claim It As An Intervenor: Punjab & Haryana High Court Reiterates

The Punjab & Haryana High Court has reiterated that if a person wants to seek a relief then he needs to be file a petition, and he cannot claim the relief by filing an application to be impleaded as intervenor.A division bench of Chief Justice Sheel Nagu and Justice Sudhir Singh said, "It is settled in law that if any person wants to seek a relief, then he/she has to file a petition...

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC

The Punjab & Haryana High Court has said that single judge passing order allowing to withdraw the contempt plea with liberty to revive it during the pendency of appeal is unnecessary intrusion into the appellate jurisdiction.While hearing a contempt plea the single judge had noted that "...counsel for the petitioner does not press the present petition at this stage with liberty to...

Punjab & Haryana High Court Issues Contempt Notice To SDM Over Failure To Vacate Office To Provide Space For Judges To Hold Court

The Punjab & Haryana High Court has issued contempt notice to the Sub Divisional Magistrate (SDM) of Punjab's Derabassi, over failure to comply with direction to vacate his office to provide space to judges to enable them to hold court.Previously, the Court on December 20 had noted the "stark difference" of Derabassi SDM's office and Court running in the same building. The first floor...

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and are to be...

Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that once a family member has availed the benefit of compassionate appointment, the same cannot be granted to another family member after the service of that family member had been terminated.In the present case, the appellant's brother was appointed on compassionate grounds in position of her father, who passed away during service. However, the...

Child's Ordinary Residence And Not Natural Guardianship Decides Which Court Will Have Jurisdiction In Custody Dispute: Punjab & Haryana HC

The Punjab & Haryana High has said that the "ordinary residence of a child" or a ward would determine which court would have jurisdiction to decide the child's custody under the Guardianship & Wards Act. It further underscored that the "ordinary residence" of the child would determine the court's jurisdiction which can hear the custody case, and the "natural guardianship" of the...

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court

The Punjab and Haryana High Court has upheld the preventive detention of Haryana's alleged Azad gang member Parveen alias Dada under the National Security Act, 1980.Among other grounds, it was argued that the State authorities did not follow the timeline provided under Section 3(5) of NSA. As per the provision, when preventive detention order is made or approved by the State Government, the...