Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC

A single bench of Punjab & Haryana High Court comprising of Justice Jagmohan Bansal held that the employee cannot approach Labour Court under the Section 33-C(2) of the I.D. Act, in absence of already determined liability of the employer to pay the retrenchment compensation. Background Facts The respondent joined petitioner-Corporation as Junior Engineer in the year...

Punjab & Haryana High Court Directs Videography Of Nomination Paper Filing In Municipal Corporation Elections

The Punjab and Haryana High Court on Thursday (December 12) directed the Punjab State Election Commission to video-graph the filing of nomination papers in the upcoming Punjab Municipal Corporation Election scheduled on December 21.A division bench of Justice Sureshwar Thakur and Justice Kirti Singh in its order directed the State Election Commission, "that as and when municipal elections...

Cannot Apply 1989 Amendment Retrospectively And Issue Demand Notices Under ESI Act: P&H HC

Punjab and Haryana High Court: A single judge bench of Justice Pankaj Jain dismissed appeals filed by the Employees State Insurance Corporation (ESIC). It upheld the order by the ESI court exempting the Punjab State Electricity Board (PSEB) from paying ESI contributions for its Phagwara sub-station. It held that Section 1(6) was introduced in 1989 and could not be applied retrospectively...

Returning Officer Tossing Coin To Break Tie In Panchayat Election Violated Election Rules: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that breaking tie by tossing coin in Punjab Panchayat Election results is violative of Punjab Panchayat Election Rules and instead the returning officer is supposed to make draw of lots.Referring to Punjab Panchayat Election Rules, Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "...patently unfold the trite fact that in case, when...

Punjab & Haryana HC Flags 'Disturbing Trend' Of NRIs Filing Matrimonial Cases In India For 'Harassment', Says Proxy Litigation Can't Be Allowed

The Punjab & Haryana High Court quashed the cruelty case filed by woman having Australian citizenship against her former Australian husband and in-laws observing that, "disturbing trend where criminal prosecution is initiated in matrimonial disputes in India by foreign nationals, who have voluntarily availed citizenship of another country and are in continuous residence there."...

Gurugram Marketed As 'Millennium City', Govt Must Ensure Cleanliness: High Court Slaps ₹50K Cost On Municipal Corp For Filling Irrelevant Data

The Punjab and Haryana High Court has raised serious concerns over piling of huge garbage dump in Gurugram “marketed as a millennium city” by the Haryana Government.The Court was hearing a plea on the issue of garbage dumping in Gurugram, hence status on lifting of dump was sought.While noting that the Municipal Corporation made an attempt to confuse the Court by filing irrelevant data,...

Haryana Panchayati Raj Act | Majority Not Required While Convening Meeting To Consider No-Confidence Motion: High Court

The Punjab & Haryana High Court has made it clear that under the Haryana Panchayati Raj Act at the time of convening of meeting for no-confidence motion, the presence of the majority of the members is not required.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There is no statutorily prescribed strength in rule supra, thus appertaining to the specific numbers of...

Punjab & Haryana HC Issues Bailable Warrants Against Sikkim HRD Secy Over Failure To Produce Records For Verifying Law Student's Degree

The Punjab & Haryana High Court has summoned the Secretary of Sikkim's Human Resource Development (HRD) Department and Registrar of Eastern Institute for Integrated Learning in Management (EIILM) University, Sikkim over non-compliance with its direction to remain present with University records.The plea was filed challenging the decision of Bar Council of India to reject law...

If Laws Were Suitably Drafted To Deal With Money Recovery, Victim Wouldn't Have Committed Suicide On Being Cheated: Punjab & Haryana HC

The Punjab & Haryana High Court has observed that the alleged victim's instigation to commit suicide would not have come "if the laws were suitably drafted and enacted to tackle and deal" with the situation, wherein the accused persons failed to return the deceased person's money.It also noted that the new criminal law which has replaced the Indian Penal Code, Bharatiya Nyaya Sanhita...

'Prevention Is Better Than Cure': Punjab & Haryana HC Seeks Agriculture University's Advice On Elimination Of Wild Growth Of Cannabis In Cities

The Punjab & Haryana High Court has impleaded Punjab Agriculture University and Haryana Agriculture University to seek its advise on the issue of wild growth of cannabis in the cities.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "Looking to the issue of wild growth of cannabis plants in UT Chandigarh and the State of Punjab, involved herein, it would be appropriate to implead...

Youth Dies After Alleged Custodial Torture In Punjab: High Court Transfers 2021 Probe To Haryana Police

The Punjab and Haryana High Court has transferred investigation into death of a youth, who passed in 2021 after alleged custodial torture at Budhlada police station in Punjab's Mansa district, to IPS officer Himadri Kaushik, currently posted as DCP in Haryana's Panchkula.Justice Vinod S. Bhardwaj said, "This Court has noticed the stand of the respondents (State) but it has nowhere explained...

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha

The Punjab and Haryana High Court has dismissed a petition challenging the Shiromani Akali Dal (SAD) leader and MP Sukhbir Singh Badal's election in 2019 general elections, noting that an election petition cannot be entertained based on vague averments. The election petition had alleged that Badal failed to disclose details of dependent daughters in Form 26, omitted expenditure incurred...