Punjab & Haryana High Court Weekly Round Up [January 1 - January 07, 2024]

Citations: 2024 LiveLaw (PH) 01-08Nominal Index:Hartej Singh v. State of Punjab and another 2024 LiveLaw (PH) 01X v. Y 2024 LiveLaw (PH) 02Union of India and another v. Harbhajan Kaur and others 2024 LiveLaw (PH) 03X v. Y 2024 LiveLaw (PH) 04Bhavna Gupta v. State of Punjab & another 2024 LiveLaw (PH) 05Sukhpal Singh Khaira v. State of Punjab 2024 LiveLaw (PH) 06Vipin Pubby v. State of Haryana and another 2024 LiveLaw (PH) 07 X v. Y 2024 LiveLaw (PH) 08PMLA | Punjab & Haryana HC Grants Bail To Man Booked For Benefitting "Just Rs. 50K" In Land Allotment, Says No Allegation Of Money LaunderingCase Title: Hartej Singh v. State of Punjab and anotherCitation: 2024 LiveLaw (PH) 01Punjab and Haryana High Court has granted bail to a man accused of benefitting during village land allotment by revenue official observing that "the benefit which the petitioner took was just Rs.50,000 it would be a perversity of justice it this court continues further pre-trial incarceration".The bench also noted that there is no allegation of money laundering against the Petitioner.ED opposed bail citing the express bar under section 45 of the Prevention of Money Laundering Act 2002 (PMLA). For context, Section 45 of PMLA prescribes twin conditions before a person can be granted bail. The first condition is that the Public Prosecutor has been allowed to oppose the application. In the present case, not only was proper opportunity given, but they filed a reply, and their counsel was heard.In the present case, the accused sought directions to summon a UIDAI official to produce Aadhar details of the prosecutrix, aiming to establish that she was not a minor, and hence a case under POCSO is not made out. However, the State argued that Aadhar cannot be used to verify the date of birth as it is based on self-declared information.[Mutual Divorce] Detailed Enquiry Akin To Trial Not Required To Waive Cooling Off Period Under HMA: Punjab & Haryana High CourtCase Title: X v. YCitation: 2024 LiveLaw (PH) 02The Punjab & Haryana High Court has made it clear that a detailed inquiry is not required to waive the cooling off period while dealing with an application under the Hindu Marriage Act for divorce by mutual settlement.A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "The Court while, considering the prayer for waiving off the cooling off periods, ought to be satisfied that there exist requisite grounds to accord such permission and there is no concealment/misrepresentation on behalf of parties. The Court is required to satisfy itself in terms of Section 23 of the Act."Punjab & Haryana High Court Imposes Cost On Union Govt For Arguing On Issue Already Settled By Supreme CourtCase Title: Union of India and another v. Harbhajan Kaur and othersCitation: 2024 LiveLaw (PH) 03The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on the Union Government for arguing against the established legal position that additional market value per se is part of the compensation under the Land Acquisition Act.Justice Rajbir Sehrawat said, "since the petitioners have unnecessarily gone to the extent of contesting on an issue of law which already stands decided by Hon'ble the Supreme Court long ago, therefore, the petitioners deserve to be burdened with an appropriate cost; so as to make them realize their mistake in wasting valuable time of the Court."Family Court Can Take Any Material As Evidence Whether Or Not It Fulfils Requirement Of Indian Evidence Act: Punjab & Haryana High CourtTitle: X v. YCitation: 2024 LiveLaw (PH) 04The Punjab & Haryana High Court has made it clear that a Family Court can take any material into evidence for effective adjudication, whether it fulfils the requirement of Indian Evidence Act or not.A division bench of Justice Sudhir Singh and Justice Sumeet Goel said,"A Family Court is well within its powers to take into evidence any material, which in the judicial discretion of such Family Court, may be essential for effectively adjudicating a lis before it whether or not such material fulfills the requirements of Indian Evidence Act, 1872. However, while exercising such discretion, the Family Court ought to bear in mind that receiving of such material by way of evidence does not violate the basic principles of our legal system."Caste Hurl Case: Punjab & Haryana High Court Quashes FIR Against Times Now Reporter Bhawana Gupta, Says She Didn't Know Complainant's CasteTitle: Bhavna Gupta v. State of Punjab & anotherCitation: 2024 LiveLaw (PH) 05Observing that she "had no personal knowledge of the victim's or her family's caste", the Punjab & Haryana High Court today quashed the FIR lodged for rash driving and passing casteist remarks, against Times Now Navbharat Senior Journalist Bhavna Gupta (Kishore).In May 2023, Times Now Navbharat reporter Bhawna Gupta along with the cameraman Mritunjay Kumar and driver Parmender were arrested under Sections 279, 337, 427 IPC and Section 3(x) and 4 of the Scheduled Castes &...

Punjab & Haryana High Court Weekly Round Up [January 1 - January 07, 2024]

Aiman J. Chishti

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