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...

'Hope CBFC Will Take Note Of Objections When Deciding On Certification': P&H High Court Disposes Of PIL Seeking Ban On Delhi Riots Movie

The Punjab & Haryana High Court on Friday has disposed of a plea seeking a ban on the release of a movie based on the Delhi riots 2020.The Court took note of the Union Government's submission that the producer of the movie 'Delhi-2020' has not yet applied for the certificate before the Central Board of Film Certification (CBFC).Consequently, a bench of Chief Justice Sheel Nagu and...

Punjab & Haryana HC Rejects PIL To Restore Chandigarh Football Ground As Per International Standards, Says Court Can't Run Administration

The Punjab & Haryana High Court has dismissed a PIL seeking directions to Chandigarh UT Administration to take immediate remedial steps to restore a Football Stadium, in Sector-17 Chandigarh in conformity with international standards, observing that the court cannot step into the administration's shoes and start running it. A division bench of Chief Justice Sheel Nagu and Justice Sumeet...

Punjab & Haryana HC Imposes ₹4 Lakh Cost On College Association For Filing 'Frivolous' Plea Challenging Regular Inspection Carried Out By University

The Punjab & Haryana High Court imposed a cost of Rs 4 lakh on the Association of Colleges which has been approved by the National Council for Teacher Education (NCTE) for filing a frivolous petition challenging regular inspection carried out by the University under which colleges are affiliated.The Court rejected the contention of the Association that once the Colleges are recognized by...

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...