50 Important Judgments Of Punjab & Haryana High Court: 2023

50 Important Judgements Of Punjab & Haryana High Court- 20231.Give Two Separate Dates For Publication Of Proclamation U/S 82 CrPC & For Appearance Of Accused 30 Days Thereafter: P&H High Court To MagistratesCase Title: Jagjit Singh @ Jaggi v. State of PunjabCitation: 2023 LiveLaw (PH) 2In an attempt to prevent violation of Section 82 of the CrPC dealing with issuance of 'proclamations,' the Punjab and Haryana High Court has advised the Courts of Judicial Magistrates to give two separate dates in the proclamation; the first within 15-20 days to ensure publication of proclamation and the second after 30 days to ensure appearance of the accused.2.Minor Children Of Widowed Daughter-In-Law Entitled To Maintenance U/S 19 Hindu Adoptions And Maintenance Act: Punjab & Haryana High CourtCase Title: Hari Ram Hans Vs Smt Deepali & Ors. Citation: 2023 LiveLaw (PH) 6 Punjab and Haryana High Court has held that the word "Widow" under the Section 19 of the Hindu Adoptions and Maintenance Act, 1956 includes minor grand children staying with her, for the purpose of maintenance from father-in-law. It thus refused interference in a revision petition against a Family Court order which granted maintenance pendente lite of Rs 2000/- to the each of the three grandchildren of the Petitioner (father-in-law). The challenge was premised on the ground that Section 19 of the Hindu Adoptions and Maintenance Act, 1956 entitles the widow daughter-in-law to file an application for maintenance, however, no provision exists to pay the maintenance to the grand children.3.Plea Of Juvenility Can Be Raised Even After Conviction, Sentence: Punjab & Haryana High CourtCase Title: ABC v. State of HaryanaCitation: 2023 LiveLaw (PH) 13The Punjab and Haryana High Court has observed that the plea of juvenility can be raised by a person even after the disposal of the case in terms of conviction and sentence, as per which plea, the authorities shall be bound to conduct an age determination inquiry.The Court was dealing with a petition filed by a person who had committed an offence at the age of a little over 16 years in the year 1995. As per the Juvenile Justice Act, 1986, a male was considered to be a juvenile till the age of 16 years and female till the age of 18 years, which was raised to 18 ears for males through the Juvenile Justice (Care and Protection of Children) Act, 2000.4. Credible Eyewitness Account Be Given Precedence Over Medical Account In Case Of Any Contradiction: Punjab & Haryana High CourtCase Title: Subhash @ Makkar and Ors. v. State of Haryana and Related MatterCitation: 2023 LiveLaw (PH) 16The Punjab and Haryana High Court recently held that the credible eye witness account "is to be assigned preponderance and precedence" over the medical account in case of contradiction between the two.The court also said that the effect of minimal digressions or contradictions between the previously made statements in writing by the eyewitness and "his echoings in his testification recorded before the Court, are insignificant, especially when the echoing made by the ocular witness about the presence of all the accused, at the crime site, remains unrebutted and uncontroverted through adduction of cogent evidence."5. Information About Place Of Posting, Deputation, Working Hours, Leaves Availed Cannot Be Disclosed Under RTI Act: Punjab and Haryana High CourtCase Title: Dr XXX v. State Information Commissioner, Haryana and Ors.Citation: 2023 LiveLaw(PH) 19The Punjab and Haryana High Court has held that the information with regard to the employee's place of posting, period of deputation, working hours, place of headquarter during deputation, any type of leaves availed along with the permission to leave the headquarter, copy of attendance register and movement register is personal in nature and cannot be disclosed under the RTI Act.The court passed the ruling in a case where the the State Information Commission, Haryana, in 2015 directed disclosure of such information, pertaining to a dental surgeon, to an applicant under the RTI Act.6. Once A Daughter Always A Daughter': High Court Says Punjab Policy Excluding Married Daughters From Compassionate Appointment Violates Articles 14 & 15Case Title: State of Punjab and Another v. Amariit KaurCitation: 2023 LiveLaw (PH) 20The Punjab and Haryana High Court has held that the policy excluding married daughters from the benefit of compassionate appointment upon the death of their fathers is unconstitutional on account of being violative of Articles 14 and 15 of the Constitution of India.The division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan said: "We are of the considered opinion that the exclusion at the outset in the case of a married daughter is apparently arbitrary. The rejection at the threshold only on the ground of gender would be violative of Articles 14 and 15 of the Constitution of India since in contrast similarly situated sibling like the son who may be married and living...

50 Important Judgments Of Punjab & Haryana High Court: 2023

Aiman J. Chishti

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