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...

"Vigilance Bureau Initiated Criminal Proceeding To Harass": Punjab & Haryana HC Quashes Corruption Case Against Former Minister

The Punjab & Haryana High Court quashed two FIRs against former Congress food, civil supplies and consumer affairs minister Bharat Bhusan Ashu, and others in a corruption case pertaining to the alleged foodgrain tender and transportation scam.Two FIRs were lodged under the Prevention of Corruption Act and provisions of the IPC by Ludhiana and Jalandhar Vigilance Bureau in an alleged Rs....

Public Interest Won't Be Protected If Media Is Curbed: P&H HC Closes Contempt Plea Over News Article On Alleged Corruption In Court

The Punjab & Haryana High Court closed the contempt case initiated against Hisar District Court advocates and editor of a local daily for getting published an article against district judges that they are allegedly practising.The alleged contemnor relied on Section 13 of the Contempt of Court, in defence.According to Section 13, the court may permit, in any proceeding for contempt of...

Punjab & Haryana HC Quotes Poet Nida Fazli To Emphasise Protection Of Children, Sets Aside Order To Try Juvenile As Adult

The Punjab and Haryana High Court recently quoted poet Nida Fazli's poem while setting aside the order of the Juvenile Justice Board (JJB), to try a juvenile as an adult in a POCSO case."Jin Charaaghon Ko Hawaon Ka Koi Khauf Nahi, Un Charaaghon Ko Hawaon Se Bachaya Jaye” (Those lamps that are not fearful of strong winds, they must be protected from the winds, let's do that), the...

High Court Upholds Removal Of Haryana Municipal Council President For Submitting Fake Class VIII Marksheet

The Punjab & Haryana High Court has upheld the removal of Haryana's Sohna Municipal Council President on the grounds of submitting a “fake” class VIII marksheet.Justice Sureshwar Thakur and Sudeepti Sharma said, “What magnifies the ill conduct of the present petitioner as but arises from the withholding of the original, wherefrom an adverse inference has been drawn against her,...