Punjab and Haryana High Court
Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that under the Advocates Act, the State Bar Council must have “reason to believe” that an advocate against whom a complaint is made is guilty of professional or other misconduct before issuing notice to him.According to Section 35 (Punishment of advocates for misconduct) of the Advocates Act, where on receipt of a complaint or otherwise...
'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k
The Punjab & Haryana High Court modified the quantum of surety fixed by the trial Court from Rs. 50 lakh to Rs 50,000 observing that, "the imposition of such an egregious condition would, in almost all cases, result in the accused being unable to furnish the required surety, thereby depriving them of their liberty and subjecting them to the harsh realities of jail life."Justice Harpreet...
Polluted Stream Of Justice: Punjab & Haryana HC Denies Pre-Arrest Bail To Man Who Forged Aadhaar Card For Accused To Secure Bail
The Punjab and Haryana High Court has denied pre-arrest bail to a man who allegedly forged an Aadhar Card, paving way for a POCSO accused to secure bail.The man was hired by accused's father, to forge the Aadhaar Card of one Sunny (in the name of Randhir Singh), who was to stand as surety for the son. The subterfuge came to light after the Judge's reader filed a complaint.Justice Mahabir...
Drug Malady Eating Country's Future Like Termite, Surge In Bail Pleas Involving Heroin Shows State's Failure To Curb Menace: P&H High Court
The Punjab & Haryana High Court has flagged an "unexpected surge" in the bail pleas involving heroin since last month, observing that it indicates the state government's failure to curb this menace, especially in the state of Punjab which is a great concern in itself as this drug malady is eating the future of this country like a termite.In doing so the Court rejected the anticipatory...
'Unfortunate': P&H HC On Phagwara Mayoral Polls Not Being Conducted On Time Despite Court Order, Appoints Ex-Judge As Independent Observer
Observing that it is an unfortunate situation where despite clear and categorical directions, the State-authorities instead of complying with the directions gave rise to a second round of litigation, the Punjab & Haryana High Court appointed a former High Court judge as an independent observer for Punjab's Phagwara Municipal Corporation (MC) Elections.On January 24, the Court directed...
P&H HC Imposes ₹50k Cost On Haryana Pollution Control Board Over Failure To Restore Electricity To Factory Having Valid Authority To Operate
The Punjab and Haryana High Court has imposed a cost of Rs.50,000 on the Haryana State Pollution Control Board over failure to restore electricity of a factory for 6 months, despite having orders for restoration.The electricity of the factor was cut and it was sealed by the Pollution Control Board for allegedly not having valid Consent To Operate (CTO) in February 2024. However, an...
Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court
Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (SC/ST Act), the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community.Justice Manisha Batra noted, "Appellants Avtar Singh and Jagsir Singh are stated to be members of SC community themselves. Hence,...
Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC
The Punjab and Haryana High Court has said that allowing quashing of FIR for offence of abetting suicide on the basis of compromise is against rule of law, observing that the victim being deceased couldn't give consent and the crime has large implication on society.Justice Sumeet Goel said, "A settlement between the accused and the complainant, who merely initiated the criminal process, fails...
Denying Medical Reimbursement For Chronic Illness On Ground That Treatment Was Taken In OPD Is 'Unreasonable Classification': Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that denying medical re-imbursement to an employee of the State Government for the treatment of wife's chronic illness on the ground that the same was done in Outpatient Department (OPD) is based on "unreasonable classification."Chief Justice Sheel Nagu and Justice Sudhir Singh said, "the wife of respondent No. 1-writ petitioner was...
Cheque Bounce | Signature Of Both Parties Required If Cheque Is Drawn On Joint Account: Punjab & Haryana High Court
The Punjab & Haryana High Court quashed a cheque bounce complaint under Section 138 Negotiable Instrument Act (NI Act) observing that the disputed cheque was not signed by both the holders of the bank account.Justice Harpreet Singh Brar noted that the disputed cheque was drawn on the account jointly held by the petitioner and his wife. However, the same was only signed by Jasbir Kaur and...
Punjab & Haryana High Court Upholds Constitutional Validity Of Notification Establishing Greater Mohali Area Development Authority
The Punjab and Haryana High Court dismissed the plea challenging the constitutional validity of the notification issued in 2006 under Section 29 of the Punjab Regional and Town Planning and Development Act 1995 (the Act of 1955), constituting and establishing a special Authority under the name of Greater Mohali Area Development Authority (GMADA).The Court rejected the contention that the...
Track Attendance, Sensitise About Speedy Trial: High Court Issues Directions To Punjab DGP Flagging Non-Appearance Of Official Witnesses
While flagging the repeated non-appearance of police witnesses which delays criminal trials, the Punjab and Haryana High Court has issued a set of directions to the Punjab Director General of Police (DGP).Justice Manjari Nehru Kaul said, "the responsibility of police officials extends beyond the maintenance of law and order; it includes cooperating with the judicial process to ensure that...