Punjab & Haryana High Court Weekly Round Up: August 15- August 20, 2023

Judgments1.Immoral Trafficking Cases Rising In Chandigarh, Consider Framing Guidelines For Spas, Massage Parlours: Punjab & Haryana HC To AuthoritiesCase Title: Nagaraj T @ Charles v. State of U.T. ChandigarhCitation: 2023 LiveLaw (PH) 140Observing that cases under the Immoral Trafficking Act are rising in Chandigarh, the Punjab & Haryana High Court has suggested that the authorities should contemplate formulating guidelines for the operation of spa/massage centers, similar to those framed by the Delhi Government.The bench of Justice Mahabir Singh Sindhu said, “Keeping in view the fact that cases under the Act (Immoral Trafficking Act) are growing in U.T. Chandigarh; therefore, in order to curb this menace, there would be no harm if the authorities may think about the similar guidelines (GNCT of Delhi’s guideline on operation of Spa/massage centres) for the City Beautiful.”2.Insufficient Evidence To Link Accused To Death Of Deceased Found In His Premises: Punjab & Haryana High Court Acquits Murder ConvictCase Title: Dinesh Kumar v. State of HaryanaCitation: 2023 LiveLaw (PH) 141The Punjab & Haryana High Court recently acquitted a murder convict sentenced to life imprisonment in 2019, on the ground of lack of sufficient evidence. The deceased was found dead in the premises of one Dinesh who was accused of kidnapping him for extorting land and money from his father.3.Reusing E-way Bills Demonstrates Intention Of Tax Evasion: Punjab And Haryana High Court Upholds Penalty Against TransporterCase Title: M/s Bright Road Logistics Versus State of Haryana and OthersCitation: 2023 LiveLaw (PH) 142The Punjab and Haryana High Court has upheld the penalty against the transporter and ruled that reusing e-way bills demonstrates the intention of tax evasion.The bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan has observed that the ‘intention to evade payment of tax’ is an essential ingredient for initiating proceedings against a person under Section 130. The transporter had tried to reuse the e-way bills and the tax invoices; as such, the intention to evade the payment of tax is impliedly proven on record.4.P&H High Court Grants Anticipatory Bail To Actor-Comedian Khyali In FIR Over His Alleged Remarks Against Maharishi ValmikiCase title - Khyali Ram vs. State of Punjab [CRM M - 39814-2023]Case Citation: 2023 LiveLaw (PH) 143The Punjab and Haryana High Court granted anticipatory bail to actor-comedian Khyali Ram in an FIR lodged against him for his alleged derogatory words against Maharishi Valmiki.The bench of Justice Rajbir Sehrawat granted him bail on the condition that he shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.5.Article 21 Doesn't Cease If People Of Same Gender Decide To Live Together: P&H High Court Grants Protection To Lesbian CoupleCase title - Pooja and another vs. State of Punjab and others [CRWP No.8041 of 2023]Case Citation: 2023 LiveLaw (PH) 144Observing that Article 21 of the Constitution of India does not cease to apply when people of the same gender decide to live together, the Punjab and Haryana High Court today granted police protection to a same-sex live-in couple.The bench of Justice Anoop Chitkara passed this order while dealing with a protection plea filed by a major lesbian couple who have been staying together in a live-in relationship for the last four years.6.Change In Bench Composition After Conviction But Prior To Sentencing No Ground To Seek Fresh Hearing: Punjab & Haryana High CourtCase Title: Sheela Vs. Brahamjit and othersCitation: 2023 LiveLaw (PH) 145The Punjab & Haryana High Court recently held that a fresh hearing is not required when the composition of the bench changes after conviction order, especially when no prejudice is caused to the parties.Other developments7.Should Runaway Girl, Married Against Parents' Wishes Be Prohibited From Raising Harassment, Dowry Demand Complaint? Punjab & Haryana HC AsksCase Title: Parneet Kaur & Anr. v. State of Punjab & Ors.Recently, the Punjab & Haryana High Court said it needs to consider whether a runaway girl, married against the wishes of her parents, should be prohibited from raising any complaints of harassment for dowry demand.The bench of Justice Alok Jain said, “...question needs to be posed as to whether the girl, who has run away from her house and got married to a person against the wishes of her parents, should be prohibited from raising any complaint, at least, on the premises of being harassed and for demand of dowry.”8.Punjab & Haryana High Court Issues Notice On PIL Against Unauthorised Installation Of Statues At Public PlacesCase Title: Devender Sharma v. State of Haryana & Ors.The Punjab & Haryana High Court has issued notice on a Public Interest Litigation ("PIL") wherein a resident of Rohtak has sought the removal of unauthorised statues installed at public places in Haryana, in compliance with the Supreme Court...

Punjab & Haryana High Court Weekly Round Up: August 15- August 20, 2023

Aiman J. Chishti

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