Punjab and Haryana High Court
'Testing Waters': Punjab & Haryana High Court Pulls Up Lawyer Who Moved Two Bails Pleas In Same FIR, Imposes Costs
The Punjab and Haryana High Court refused anticipatory bail to an Advocate, booked in a rice trading fraud case, holding that the filing of two separate pre-arrest bail petitions in the same FIR—supported by affidavits denying pendency of similar proceedings—amounted to “forum shopping” and an affront to judicial sanctity.Justice Sumeet Goel observed that the petitioner had...
Punjab & Haryana High Court Denies Bail In 5,700 Kg Psychotropic Drugs Case, Says Corporate Licences Can't Shield NDPS Violations
The Punjab and Haryana High Court has dismissed eight connected regular bail petitions arising out of a massive seizure of over 1.37 crore psychotropic tablets, holding that the rigours of Section 37 of the NDPS Act are clearly attracted and that licensed pharmaceutical operations cannot, at this stage, dilute the gravity of organised diversion allegations.Justice Sumeet Goel said, "The grant...
Punjab & Haryana High Court Refuses To Quash Arrest Warrants Issued Against Absconding AAP MLA In Alleged Rape Case
The Punjab and Haryana High Court has refused to quash arrest warrants and proclamation proceedings issued against Aam Aadmi Party MLA Harmeet Singh Pathanmajra in a rape and cheating case.Justice Tribhuvan Dahiya said, "the petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out...
Review Can't Be Invoked After Inordinate Delay: Punjab & Haryana High Court Sets Aside Police Officer's Punishment, Quashes ACR Downgrading
The Punjab and Haryana High Court has set aside the punishment of stoppage of three annual increments with permanent effect imposed on a Haryana Police officer, holding that review powers under Rule 16.28 of the Punjab Police Rules (PPR) must be exercised within a reasonable period and cannot be invoked mechanically after inordinate delay.Justice Jagmohan Bansal said, "The impugned order...
High Court Seeks Punjab Govt's Response On NSA Detainee MP Amritpal Singh's Plea To Attend Ongoing Parliament Budget Session
The Punjab and Haryana High Court on Wednesday sought response from the Punjab government on a plea moved by Khadoor Sahib MP Amritpal Singh, currently detained under stringent National Security Act, seeking temporary release to attend the ongoing budget session in Parliament.Amritpal is presently lodged in Dibrugarh Central Jail.The Budget Session of Parliament is to be convened in two...
Positive Action Of Accused Needed Around Time Of Suicide: P&H High Court Grants Bail To Woman Accused Of Abetting Husband's Suicide
The Punjab and Haryana High Court has granted regular bail to a woman accused of abetting her husband's suicide, observing that the accused must have done some positive act at the time proximate to the occurrence of event.Justice Manisha Batra explained, "in order to bring a case within the provisions of Section 108 of BNS, undoubtedly, there must be a case of suicide and in the commission of...
P&H High Court Directs Haryana DGP To Examine Videos Of Parade Test Amid Allegations Of Bias In Police Promotion Process
The Punjab and Haryana High Court has directed the Director General of Police (DGP), Haryana, to examine whether the parade test conducted for promotion to Head Constable was videographed and to scrutinise the footage to determine if any irregularity occurred in the evaluation process.It was alleged that two selected candidates were in advanced stages of pregnancy at the time of the parade...
Punjab & Haryana High Court Declines To Entertain Punjab Kesari Group Hotel's Plea Against Demolition, Rejects 'Political Vendetta' Claim
The Punjab and Haryana High Court has declined to entertain plea filed by Chopra Hotels Private Limited challenging demolition and sealing orders passed by the Jalandhar Municipal Corporation, holding that an efficacious statutory remedy of appeal lies before the District Judge under Section 269 of the Punjab Municipal Corporation Act, 1976. The company is linked to the Hind Samachar and...
Punjab & Haryana High Court Imposes ₹3 Lakh Cost On Litigant For Filing Frivolous Contempt Plea
The Punjab and Haryana High Court has dismissed a contempt petition alleging non-compliance with its earlier directions, holding that the plea was frivolous, vexatious and a gross abuse of the process of law, and imposed exemplary costs of ₹3,00,000 on the petitioner, payable to the official respondents.At the outset, the Court warned the petitioner—who appeared in person—that costs...
'Seriousness Of Offence No Ground To Cancel Pre-Arrest Bail': P&H High Court Refuses To Cancel Bail In Fake ED Raid & Extortion Case
The Punjab & Haryana High Court has said that seriousness of offence cannot justify transfer of a criminal trial, reiterating that the power of transfer under Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 408 CrPC) must be exercised sparingly and only in exceptional circumstances.The Court refused to cancel pre-arrest bail of a man accused of posing...
Granting Extension For Filling Challan In Absence Of Accused Violates Article 21: Punjab & Haryana High Court Sets Aside Order
The Punjab and Haryana High Court has held that granting extension of time to file a chargesheet under the NDPS Act without producing the accused or giving them an opportunity of hearing is a gross illegality, as it deprives the accused of their indefeasible right to default bail and violates Article 21 of the Constitution.The Court accordingly quashed an order passed by the Special...
Family Pension Can't Be Deducted While Calculating Motor Accident Compensation: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that family pension received by the widow of a deceased cannot be deducted while computing loss of dependency under the Motor Vehicles Act, 1988.Justice Sudeepti Sharma referring to Mrs. Helen C. Rebello & Ors. v. Maharashtra State Road Transport Corpn. & Anr.[ AIR, 1998 SC 3191], the Court reiterated that, "family pension is also earned by...