Punjab and Haryana High Court
Shocked Conscience Of Court: Punjab & Haryana High Court Flags “Unacceptable Lapses” Over Convict's Acquittal After Completion Of Sentence
Observing that the case "shocked the conscience" of the Court, the Punjab & Haryana High Court flagged "the protracted delay" in the listing of appeals wherein a rape convict was acquitted by the High Court after completion of his entire sentence.The Court acquitted the convict stating that the prosecution failed to prove its case and the circumstances indicate that they were in a...
"Order Was Issued Considering Threat Perception": HC Expunges Adverse Remarks Against Punjab Police After Man Snatched Gun From Judge's PSO
The Punjab & Haryana High Court expunged remarks made on Punjab Police that “there is definitely lapse of security” clarifying that earlier directions to substitute Punjab Police with a neutral police force (UT Administration/State of Haryana) were issued “wholly and solely keeping in mind the threat perception perceived by the Judge and also this Court.”On September 22 a man...
Punjab & Haryana High Court Upholds Reservist Sepoys' Pension Scheme
The Punjab & Haryana High Court upheld the order of the Armed Forces Tribunal (AFT) whereby it directed the Union Ministry of Defence to grant the benefit of a revised pension to reservist army retirees under the Pension Regulation for Army, 1961.The AFT had directed the Union to calculate 'reservist pension' at the rate of 2/3rd of pension as applicable to the lowest grade of Sepoys...
Non-Functioning Of DRT-II Has Flooded HC With Pleas: Punjab & Haryana High Court Directs Giving Additional Charge To DRT-I
The Punjab & Haryana High Court flagged the "piquant situation" which has raised due to non functioning Debt Recovery Tribunal-II (DRT-II) in Chandigarh since August, as the High Court is flooded with the pleas of litigants adversely affected.Justice Lisa Gill and Justice Sukhvinder Kaur noted "the piquant situation which has arisen due to non-functioning of learned DRT-II leading to a...
No Notification U/S 18 BNSS For Appointing Prosecutors: HC Directs Registry Not To List Criminal Appeals Till Counsels For Punjab Are Notified
The Punjab & Haryana High Court has directed the registry not to list the criminal appeals till the Punjab Government notifies the list of Public Prosecutors in terms of Section 18 of the BNSS, 2023.According to Section 18 of the BNSS, for every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may...
Able-Bodied Wife Can't Sit Idle To Misuse Maintenance Provision U/S 125 CrPC While Husband Is Looking After All Needs: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that the provision of Maintenance under Section 125 CrPC, cannot be allowed to be misused by the able bodied wives to sit idly at home.Justice Nidhi Gupta said, "The purpose of Section 125 Cr.P.C. is to protect abandoned wives who are unable to maintain themselves from vagrancy and destitution. The said provision cannot be permitted to...
Govt Seeks To Recall High Court Order Asking Not To Deploy Punjab Police For Judge's Security, Says It Tarnishes Reputation Of The Force
The Punjab Government has filed an application seeking recall of a Punjab & Haryana High Court order passed on September 27- directing not to deploy Punjab Police for security of a sitting High Court judge who exposed "large-scale lapses on the part of investigating agencies" of Punjab and whose security was compromised in a recent incident. The division bench of Chief Justice Sheel Nagu...
Nobody Can Assess Child's Safety Like Mother: P&H High Court Grants Pre-Arrest Bail To 10-Yr-Old's Mother Despite Prima Facie Evidence In Fraud Case
The Court should refrain from questioning the mother's judgment, as no one is in better position to assess a child's safety and best interest than mother, said the Punjab & Haryana High Court while granting pre-arrest bail to a 10-year-old girl's mother who is booked in a fraud case.In the present case, the father of the child was already in custody in Haryana Post Matric...
Court Can Assess Materials From Social Media Produced By Husband To Prove Wife's Adultery & Resist Interim Maintenance: Punjab & Haryana HC
The Punjab and Haryana High Court had said that husband can raise plea of adultery to resist the interim-maintenance proceedings instituted by the wife and evidence from social media can be considered by the Court at that stage.Justice Sumeet Goel said, "The husband is entitled to raise the plea of adultery by the wife; in proceedings pertaining to adjudication of interim maintenance and...
Psychiatrist Help To Drug Addicts Will Reduce Trafficking, Punjab & Haryana HC Directs States To Appoint Psychiatrists At De-Addiction Centres
The Punjab & Haryana High Court has said in order to ensure the well being of drug addicts, the Chief Secretaries of Punjab and Haryana, and advisor to UT Chandigarh must forthwith appoint psychiatrists at all the de-addiction centres on a regular basis.Justice Sureshwar Thakur and Justice Sudeepti Sharma opined that, "purveying of psychiatric medicine to drug addicts would ultimately...
S.111 BNS | State Can't Arrest First And Fish For Evidence Of "Organised Crime" Later: Punjab & Haryana High Court
The Punjab & Haryana High Court has held that State cannot arrest a person for "organised crime" under Section 111 of the Bhartiya Nyaya Sanhita (BNS) without having any prima facie admissible evidence against him.The new law BNS, which replaced Indian Penal Code, added organised crime as an offence under Section 111, and if the crime results in the death of any person, maximum...
'Misused Official Position To Get Hefty Bribe', High Court Dismisses Former Punjab Forest Minister's Plea Challenging ED Arrest
The Punjab and Haryana High Court dismissed former Punjab Forest Minister Sadhu Singh Dharmasot's plea challenging ED arrest, observing that he being a public servant, had misused his official position and got hefty amount in bribe during his tenure in 2017 to 2021.Dharmasot was as an MLA for five consecutive terms since 1992 and was a Cabinet Minister from 2017 to 2021 in Punjab.He was...