Whether Agreement To Submit To Jurisdiction Of One Court Impliedly Ousts Jurisdiction Of All Other Courts? Punjab & Haryana HC Answers

The Punjab and Haryana High Court has made it clear that a party cannot invoke the alternative jurisdiction in a dispute once they have decided the territorial jurisdiction by way of entering into a valid contract.The bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said if the contract is validly executed wherein the parties have consensually conferred the jurisdiction of a...

24X7 Helpline, Decide Representation In 3 Days: Punjab & Haryana HC Issues Guidelines To State, Police For Runaway Couples Seeking Protection

The Punjab and Haryana High Court has issued a slew of guidelines to be followed by the State and Police when it is approached by an individual or a run away couple, alleging threat to their life and liberty.In his 23-page order made available on December 24, 2024, Justice Sandeep Moudgil said, "It is need of the hour that a mechanism needs to be framed by the States with the aim for...

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...