Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School

The Punjab and Haryana High Court has upheld the conviction of a school teacher for sexually assaulting a class 8th student under Protection of Children from Sexual Offences Act, 2012 (POCSO Act), while noting that the "occurrence took place in school premises."Justice Amarjot Bhatti said, "as per facts of the case, it is fully covered under the provisions of Section 9 (f) of POCSO Act as...

'Strange', Punjab & Haryana High Court Flags Conflicting Judgements Passed By Authority For Same Property Between Same Parties In One Day

The Punjab & Haryana High Court has flagged a "strange" case where the Rent Control Appellate Authority passed conflicting judgements with respect to same property between same parties on the same day.It was brought to the Court's notice that the Appellate Authority on the same day has given two conflicting orders - in one, on the same very grounds, ejectment has been ordered and in...

[Kidnapping] Accused Cannot Be Held Guilty If Minor Girl Voluntarily Leaves Her Guardian: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that merely accompanying the minor after her departure or passive association is not sufficient to constitute the offence of kidnapping a minor from their lawful guardian.The Court upheld the acquittal of the accused in the case of kidnapping a minor girl, observing that it was a case of "consensual elopement, rather than kidnapping as...

'Died While Serving Nation': Punjab & Haryana High Court Grants Full Pension To Widow Of Soldier Who Died In 1965 War Despite 54-Yr Delay

The Punjab & Haryana High Court granted benefit of full pension to widow of a soldier who died in 1965 War on the western front due to a mine-blast.The Court set aside the order of the Armed Forces Tribunal (AFT) to the extent whereby, the arrears were restricted to three years prior to the date of filing of the application on account of delay of 54 years.Justice Sureshwar Thakur and...

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...