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,...

Doing Stunt With Vehicle Which Causes Death Amounts To Culpable Homicide, Not Rash & Negligent Driving: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that doing stunt with vehicle on a public road "depict a callous and unconcerned attiude towards the pedestrians" would not fall under rash and negligent driving, but prima facie amounts to culpable homicide.A pillion rider sitting on a bike allegedly died in an accident with a tractor, modified by fitting an extra turbo pump to increase...

Pravindra Singh Chauhan Appointed As Advocate General Of Haryana

The Haryana Government today (December 23) appointed Pravindra Singh Chauhan, as Advocate General of Haryana.In a notification issued by the Haryana Government on Monday, it was stated that "In exercise of the powers conferred by Article 165(1) of the Constitution of India, the Governor of Haryana is pleased to appoint Sh. Pravindra Singh Chauhan, Senior Additional Advocate General, Haryana...

Judiciary A 'Third Pillar Of Democracy', Seems To Be Treated Shabbily By State Govt: Punjab & Haryana HC On Lack Of Judge's Accommodation

The Punjab & Haryana High Court takes a "a serious view of the sad situation where it seems that the State of Punjab is treating the third pillar of democracy (Judiciary) very shabbily." The development came while hearing the two Public Interest Litigations filed by the District Bar Association, Malerkotla pertaining to the shortage of space in District Courts and accommodation for...

Punjab & Haryana High Court Monthly Digest: November 2024

NOMINAL INDEX [Citations 319 - 372]MANGAL KUMAR DAWAR V/S STATE OF PUNJAB AND ORS 2024 LiveLaw (PH) 319Sangeet Pal Singh v. State of Punjab and another 2024 LiveLaw (PH) 320Hemant Bhagar and Ors v. Prekshi Sood Bhagat [along with connected matter 2024 LiveLaw (PH) 321Kala Singh v. Union of India and Others 2024 LiveLaw (PH) 322Jaswant Singh v. ED 2024 LiveLaw (PH) 323Jarnail Singh Bajwa...

Punjab State Election Commission Act | Person Is Not 'Ordinarily Resident' Only Because He Owns A House In The Constituency: High Court

The Punjab & Haryana High Court said that a person would not be an “ordinarily resident” in terms of Punjab Election Commission Act only on the ground of owning or possessing a house.The court said, “though the statutory coinage “ordinarily resident” has been statutorily conveyed the connotation, that any voter would not be “ordinarily resident” in a constituency or in...

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". The Court said that, "Bails deal with pre-trial curtailment of liberty on...