Adultery Not An Obstacle For Granting Custody To Mother Of Minor Child: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that a mother entering into adultery is not an obstacle for her to receive custody of a minor child as she is still capable of giving motherly love to her children.The Court directed the husband to restore the custody of the wife's two minor children during the pendency of the plea while remanding the matter back to the Family Court.Justice...

Once Service Of Similar Situated Employee Is Regularised By Dept, Denying Same Benefit To Others Violates Article 14: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that not regularising the service of an employee despite giving the same benefit to other employees would be a violation of Articles 14 and 16 of the Constitution.Justice Namit Kumar said, "Once services of the similarly situated persons have been regularized by the respondent department, there is no justification for denying the said...

HC Can Entertain Plea U/S 528 BNSS To Monitor Probe By Forming SIT But Sufficient Cause For Not Approaching Magistrate Should Be Shown: P&H HC

The Punjab & Haryana High Court has made it clear that a High Court under Section 528 BNSS can entertain a plea for registering an FIR and monitoring an investigation by forming a Special Investigating Team (SIT) but the complainant should show a sufficient reason for not approaching the Ilaqa Magistrate firstJustice Sumeet Goel said, "In a given case, if the facts/circumstances so...

While Quashing Case For Abetment To Suicide, Court Must Apply Test Of How Normal Person Would React When Faced With 'Incidents Of Harassment': P&H HC

The Punjab & Haryana High Court has said that while quashing FIR on abetment to suicide the Court must test how a normal person would react to the alleged incidents of harassment.The Court quashed the FIR lodged on abetment to suicide for allegedly compelling the deceased to end his life on account of harassment he faced because the accused persons refused to pay his dues.Justice Jasjit...

Land Acquisition Act | Once Market Value Of Land Is Determined On Evidence, Reference Court Not Justified In Reducing Compensation: P&H High Court

The Punjab & Haryana High Court said that the reference court cannot reduce compensation for land acquisition merely on the assertion of the party when the market value has already been decided on evidence under the Land Acquisition Act, 1898.Justice Rajbir Sehrawat said, "Once the market value has been determined on the basis of the evidence led on file, the reference court is not...

'Misuse Of NDPS Act By Police Undermines Public Trust': Punjab & Haryana HC Seeks DGP's Report On Alleged False Drugs Case Against Man

The Punjab & Haryana High Court has taken a stern stand on the allegation of false implication of a man in a drugs case by police, observing that the misuse of the NDPS Act by police undermines public trust in law enforcement and diverts the attention from genuine efforts to combat drug-related crimes.It was alleged that the petitioner was booked in a false FIR under the NDPS Act by...

Child Of Tender Age Has Fundamental Right To Love Of Both Parents: Punjab & Haryana HC Directs Father To Handover Infant To Mother, Grants Visitation

The Punjab and Haryana High Court directed a father to handover custody of 8-month-old child to the mother and allowed visitation rights to his father, observing that, " child's welfare and best interest also includes ensuring that the child is not deprived of the affection and company of the father."Justice Kirti Singh said, "When the parents are in conflict, the child's well-being should...

Awaiting Clearance From Pakistan Govt Regarding Identity Of 24 Prisoners For Repatriation: Centre To Punjab & Haryana High Court

The Union Government has informed the Punjab & Haryana High Court that it is awaiting clearance from the Pakistan Government regarding identity of 24 prisoners for repatriation to their homeland, as they are allegedly languishing in jails despite acquittal.Earlier, it was submitted by the Centre that the repatriation of 6 Pakistani civil prisoners out of 30, is likely to take place on July...

Army Officer Suffers Hypertension During 17 Yrs Of Service: P&H HC Says Disease Attributable To Military Service, Upholds Entitlement To Disability Pension

The Punjab & Haryana High Court has held that an Army Officer who was diagnosed with "Stage-1 Hypertension (1-10)" during his service in the Armed Forces will be entitled to disability pension.Justice Sudhir Singh and Justice Karamjit Singh said, "The respondent No.1 has served the Armed Forces for nearly 17 years. At the time of his entry in the service, no such disease or disability...

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court

The Punjab & Haryana High Court has said that expecting speedy trial from Courts will be "over expectation" given the amount of pendency it is facing and there is a "dire necessity" of making Special NDPS Courts.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "If the heavy docket of subjudice litigations of every genre becomes the deterrent for the learned trial Judges...

Is Police Reporting POCSO Offences To CWC Within 24 Hours As Per Law? Punjab & Haryana High Court Seeks Data

The Punjab and Haryana High Court has sought data as to whether the mandate of Section 19(6) of the POCSO Act is being complied with by the Police forces in Punjab, Haryana and Chandigarh.The provision obligates the Special Juvenile Police Unit or the local police, as the case may be, to report matters under POCSO Act to the Child Welfare Committee and the Special Court/ Sessions Court, within...

High Court Dismisses Haryana's Kaithal Zila Panchayat President's Plea Challenging No-Confidence Motion, Says All Rules Were Complied

The Punjab & Haryana High Court has dismissed the plea of Haryana's Kaithal Zila Panchayat President's plea challenging the no-confidence motion passed against him, observing that there was proper compliance with the Haryana Panchayati Raj Rules.Rule 10(2) of the Haryana Panchayati Raj Rules, 1955 (Rules) stipulates the issuance of notice by the prescribed authority for considering the...