Punjab & Haryana High Court Half Yearly Digest: January - June, 2025

Citations [2025 LiveLaw (PH) 01 - 2025 LiveLaw (PH) 261]24X7 Helpline, Decide Representation In 3 Days: Punjab & Haryana HC Issues Guidelines To State, Police For Runaway Couples Seeking ProtectionTitle: XXX v. STATE OF HARYANA AND OTHERSCitation: 2025 LiveLaw (PH) 01The Punjab and Haryana High Court has issued a slew of guidelines to be followed by the State and Police when it is approached by an individual or a run away couple, alleging threat to their life and liberty.In his 23-page order made available on December 24, 2024, Justice Sandeep Moudgil said, "It is need of the hour that a mechanism needs to be framed by the States with the aim for expeditious inquiry consisting of facts finding and adjudication of the dispute at the administrative level which are primarily in the nature of dissent of elders in a family to the wishes and desire of younger ones due to multifacet reasons which need not to be gone at this stage by this Court."Whether Agreement To Submit To Jurisdiction Of One Court Impliedly Ousts Jurisdiction Of All Other Courts? Punjab & Haryana HC AnswersTitle: ICICI BANK LTD. v. M/S ORIENT CLOTHING CO. PVT. LTD. AND OTHERSCitation: 2025 LiveLaw (PH) 02The Punjab and Haryana High Court has made it clear that a party cannot invoke the alternative jurisdiction in a dispute once they have decided the territorial jurisdiction by way of entering into a valid contract.The bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said if the contract is validly executed wherein the parties have consensually conferred the jurisdiction of a court, then the party is "estopped from negating it."Whether Local Commissioner Appointed By Court Is Witness Of Any Party? Punjab & Haryana High Court ExplainsTitle: Kuldeep Kumar Sharma v. Randeep RanaCitation: 2025 LiveLaw (PH) 03The Punjab and Haryana High Court has made it clear that Local Commissioner is not a witness of any party and the discretion lies with the Executing Court to permit or refuse to examine the Commissioner.Justice Deepak Gupta said "the Local Commissioner appointed by the Court is not a witness for any of the party. In fact, he performs his duty as an extended arm of the court and thus to all intent and purposes, he is an officer of the Court."Gurugram Land Scam: Punjab & Haryana HC Rejects Additional Accused's Challenge To Summoning Order, Finds Prima Facie 'Active Role In Conspiracy'Title: Amit Katyal v. CBICitation: 2025 LiveLaw (PH) 04The Punjab and Haryana High Court has upheld the order summoning an additional accused to face trial in the Gurugram land acquisition scam, allegedly involving then Haryana Chief Minister Bhupinder Singh Hooda and others from the Industrial Model Township.Justice Kuldeep Tiwari opined that there are sufficient incriminating evidence which require the Petitioner- Amit Katyal, who was the Director of the company allegedly involved in the scam, to face trial along with other co-accused.Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside ConvictionTitle: Devender v. State of Haryana [along with connected matters]Citation: 2025 LiveLaw (PH) 05The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately.NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High CourtTitle: PARVEEN ALIAS DADA v. UNION OF INDIA AND ORSCitation: 2025 LiveLaw (PH) 06The Punjab and Haryana High Court has upheld the preventive detention of Haryana's alleged Azad gang member Parveen alias Dada under the National Security Act, 1980.Among other grounds, it was argued that the State authorities did not follow the timeline provided under Section 3(5) of NSA.Child's Ordinary Residence And Not Natural Guardianship Decides Which Court Will Have Jurisdiction In Custody Dispute: Punjab & Haryana HCCase Title: X v/s YCitation: 2025 LiveLaw (PH) 07The Punjab & Haryana High has said that the "ordinary residence of a child" or a ward would determine which court would have jurisdiction to decide the child's custody under the Guardianship & Wards Act.It further underscored that the "ordinary residence" of the child would determine the court's jurisdiction which can hear the custody case, and the "natural guardianship" of the child will not determine this jurisdiction. The court further emphasized that the two concepts cannot be superimposed.Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High CourtTitle: Sobia Mujib v. State of Punjab and othersCitation: 2025 LiveLaw (PH) 08The Punjab and Haryana High Court has held that once a family member has availed the benefit of compassionate appointment, the same cannot be granted to another family member after the service of...

Punjab & Haryana High Court Half Yearly Digest: January - June, 2025

Aiman J. Chishti

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