Punjab and Haryana High Court
RTI Act Not Applicable To CBI, Punjab & Haryana HC Rejects Former Income Tax Officer's Plea Seeking Info On Agency's 'Trap' Against Him
The Punjab and Haryana High Court has rejected an Income Tax Officer's plea seeking information under the Right to information Act (RTI Act) relating to Trap Proceeding conducted against him by the Central Bureau of Investigation (CBI).The Income Tax Officer was convicted in a corruption case and his appeal against the conviction is pending before the High Court. The Court noted that...
'Things Will Fall In Place': High Court Grants Further 15 Days To Punjab Election Commissioner For Notifying Municipal Election Schedule
The Punjab and Haryana High Court on Tuesday (December 3) granted further 15 days time to the Punjab Election Commissioner- to initiate the process of conducting Municipal Corporation election in the State.The development comes in a contempt plea filed against the officer for not following Court's direction to initiate the process of holding elections.42 municipal councils and nagar...
When Personal Appearance Of Accused Is Not Indispensable, Granting Exemption May Facilitate Effective Disposal Of Trial: Punjab & Haryana HC
The Punjab and Haryana High Court has granted exemption from personal appearance to a British citizen involved in a criminal case, observing that applications for exemption should be decided liberally.Justice Sandeep Moudgil said, "The Courts are empowered to impose any other condition which they may deem fit and proper in the facts and circumstances of the case in the interest of justice....
'Sorry States Of Affair', High Court Seeks Punjab DGP's Response On Non-Registration Of FIR In 2012 Rape & Murder Case
The Punjab and Haryana High Court has sought an affidavit from the Director General of Punjab Police, over non-registration of FIR in a complaint lodged in 2012 alleging rape and murder of a woman.Chief Justice Sheel Nagu said, "The present case discloses sorry state of affairs where instead of lodging an FIR based on the first information provided by the complainant...on 24.05.2012 in regard...
Can't Assume Medical Negligence If Surgery Doesn't Give Result: Punjab & Haryana HC Denies Relief To Woman Who Got Pregnant Post Sterilization
The Punjab and Haryana High Court has set aside an order of the first appellate court granting Rs 30,000 compensation (along with interest) to a woman who became pregnant after a sterilisation operation.In doing so the high court noted that prior to surgery the woman was apprised of the fact that sometimes operation may fail for which no medical authority will be held responsible and that she...
Complaint Didn't Mention Accused Was Aware Of Caste, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste.Justice NS Shekhawat noted, "While narrating this incident, it has no where been mentioned...
Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss
The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision (AFT) to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the court said that the benefits of the...
Shortage Of Judge's Accommodation: Punjab & Haryana HC Summons Chief Secy's, Says Issue Affects Administration Of Justice
Observing that the acute shortage of accommodation for judicial officers is adversely affecting the quality of administration of justice especially, when the new batch of Civil Judges would be joining within two months, the Punjab & Haryana High Court has summoned the Chief Secretaries of both the States to be present virtually.Chief Justice Sheel Nagu and Justice Anil Kshetarpal also...
Keeping Control On Employee Doesn't Permit "Bullying": Punjab & Haryana HC Upholds Abetment To Suicide Charge Against Deceased's Senior
The Punjab and Haryana High Court has refused to quash an FIR lodged against a senior for allegedly abetting his junior employee to commit suicide by harassing and bullying him.It was alleged that the petitioner, who was senior of the deceased working in a government veterinary hospital, harassed and bullied him by using abusive language which forced him to commit suicide.Justice Karamjit...
Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act (POCSO), observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice...
Punjab & Haryana High Court Upholds Dismissal Of Punjab Police Constable Made 30 Years Ago For Being In 'Contact With Extremists'
The Punjab and Haryana High Court has upheld the dismissal of a Punjab Police Constable, who was expelled from service in 1995 on the basis of a specific intelligence report that he was in direct contact with extremists during the time the State was facing problem of terrorism.Taking note of the conduct of the petitioner, which the high court said was not above the board, the court found...
Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay
The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act (POCSO) Act as an adult.As per Section 15(1) of the Act, a Juvenile Justice Board (JJB) is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an offence and the ability...