Punjab & Haryana High Court Monthly Digest: December 2024

NOMINAL INDEX [Citations 387 - 433]Gurcharan Singh and others v. State of Punjab and another 2024 LiveLaw (PH) 387Punjab State and others v. XXXX 2024 LiveLaw (PH) 388DILJIT KAUR v. STATE OF PUNJAB 2024 LiveLaw (PH) 389Raj Kumar Arora v. Central Information Commission and others 2024 LiveLaw (PH) 390ANGURI DEVI v. UNION OF INDIA AND OTHERS 2024 LiveLaw (PH) 391XXXX v. State of Punjab 2024...

Justice Harpreet Singh Brar Appointed As Permanent Judge Of Punjab & Haryana High Court

The President today appointed Justice Harpreet Singh Brar as a permanent judge of the Punjab & Haryana High Court. Justice Brar sworn in as an Additional Judge of Punjab and Haryana High Court on April 10, 2023. Hailing from the village of Phulewala in District Sri Muktsar Sahib, Justice Brar served as Additional Advocate General of Punjab from 2009 to 2014. He also served as Panel...

Punjab & Haryana HC Upholds Reservation For SC/STs In Punjab Municipal Corporation Ward, Says It Ensures Representation In Local Self-Body

The Punjab & Haryana High Court upheld the reservation made in a ward in Punjab's Nagar Panchayat Khanauri, Sangrur for the Punjab Municipal Corporation election, observing that the roster for reserving seats is created to ensure representation of the backward class category of candidates in local self-bodies.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Needless, to say...

Punjab & Haryana HC Rejects Protection Plea Of Live-In Couple Where One Of Them Was Married With Kids, Says It Would "Promote Bigamy"

The Punjab & Haryana High Court has refused to grant protection to a live-in couple–wherein one of them was already married and had children, observing that allowing the plea in this instance will encourage the wrong doer and promote bigamy, violating the rights of the spouse and children of one of the petitioner's. Justice Sandeep Moudgil said, "Under Article 21 of the Indian...

Punjab & Haryana High Court Annual Digest 2024 [Part- I]

Punjab & Haryana Annual Digest- Part-1 [Citations: 1-70]ReportsPMLA | Punjab & Haryana HC Grants Bail To Man Booked For Benefitting "Just Rs. 50K" In Land Allotment, Says No Allegation Of Money LaunderingCase Title: Hartej Singh v. State of Punjab and anotherCitation: 2024 LiveLaw (PH) 01Punjab and Haryana High Court has granted bail to a man accused of benefitting during village...

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court

The Punjab & Haryana High Court granted anticipatory bail in fraud and Prevention of Corruption Act case to a Junior Engineer posted in Municipal Council Khanna, accused for committing embezzlement of Rs. 3.17 lakhs.Justice Sandeep Moudgil said, "multiple inquires on same set of allegations would amount to violation of Article 21 of the Constitution of India added with the fact that...

Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case

The Punjab & Haryana High Court acquitted a man in rape case observing discrepancy in the prosecutrix's testimony and that the alleged sexual intercourse was consensual as the clothes of the prosecutrix were not torn at the crime site.The Court said, "The existence of untorn clothes of the prosecutrix, at the crime site, also is magnificatory that, as such, the prosecutrix was a...

Punjab & Haryana HC Strikes Down Provision To Denotify Land Inserted By Haryana Assembly In Land Acquisition Act

The Punjab & Haryana High Court has struck down Section 101A inserted by Haryana assembly in the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.This provision gave state government the power to denotify a land acquired under the Land Acquisition Act 1894 if the public purpose for which the land was acquired becomes unviable...

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences (POCSO) Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a person is prosecuted for committing...

[Disability Pension] Soldier Is Presumed To Be In Sound Health When There's No Record Of Disease At Stage Of Enrolment: Punjab & Haryana HC

The Punjab & Haryana High Court set aside the order of Armed Forces Tribunal and directed to process the disability pension of the disabled armed forces officer, observing that a soldier is presumed to be of sound health in absence of specific medical finding.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "a presumption is assigned vis-à-vis the sound physical and mental...

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. In the present case, the petitioner sought promotion from the date when she became eligible for the post.Referring to the Supreme Court's decision on this subject,...

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act (NIA) beyond 90 days and provision of Section 21(5) is "mandatory" in nature. As per Section 21 of the Act, an appeal has to be made within 30 days of the date of the order or judgment. The Section allows the High Courts to entertain...