Punjab & Haryana High Court Weekly Round Up: June 17 - June 23, 2024

Nominal Index [Citations 210 - 221]Anju v. Rama Gupta 2024 LiveLaw (PH) 210XXXX v. State of Punjab and others 2024 LiveLaw (PH) 211Surinder Kumar Bindal & Anr v. Satinder Nath Radhey Shyam & Sons. 2024 LiveLaw (PH) 212XXX v. XXX 2024 LiveLaw (PH) 213Deepak Sharma & Anr. v. State of Haryana & Ors. 2024 LiveLaw (PH) 214Brij Lal v. State of Punjab & Ors. 2024 LiveLaw (PH) 215XXX v. XXX 2024 LiveLaw (PH) 216Pritpal v. ED & Ors. 2024 LiveLaw (PH) 217Rupa Jindal & Ors v. State of Haryana & Anr. 2024 LiveLaw (PH) 218 XXXX v. XXXX [CRM-21422-2024] 2024 LiveLaw (PH) 219Rajinder Singh @ Bittu v. State of Punjab 2024 LiveLaw (PH) 220Prabal Titus v. State of Punjab and others 2024 LiveLaw (PH) 221Reports[NI Act] If Interest Is Claimed On Cheque Which Doesn't Include Interest Component, It Does Not Remain Legally Enforceable Debt: Punjab & Haryana HCTitle: Anju v. Rama GuptaCitation: 2024 LiveLaw (PH) 210The Punjab & Haryana High Court has made it clear that if interest is claimed on a cheque which does not include an interest component either by adjustments or by filling in the amount, the said cheque does not remain a legally enforceable debt or other liability under Section 138 of Negotiable Instrument Act (NI Act).The Court quashed the complaint lodged under Section 138 NI Act, while noting that the cheque was neither to discharge any legally enforceable debt or any other liability "for interest part" but was for "the amount due for the purchase of articles."Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old ManTitle: XXXX v. State of Punjab and othersCitation: 2024 LiveLaw (PH) 211The Punjab & Haryana High Court has directed the Child Welfare Committee (CWC), constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.NI Act | Court Cannot Compel Complainant To Give Consent U/S 482 CrPC For Compounding Offence: Punjab & Haryana High CourtTitle: Surinder Kumar Bindal & Anr v. Satinder Nath Radhey Shyam & Sons.Citation: 2024 LiveLaw (PH) 212The Punjab & Haryana High Court has dismissed the plea seeking direction to the complainant to compound the offence committed under the Negotiable Instrument Act (NI Act).The Court noted that the dispute between the parties is of over 1.73 crores which was outstanding as on March 03, 2016.12-Yr-Old Sexual Assault Victim Wouldn't Be Able To Mentally Comprehend Crime, Delay In Lodging FIR Not Fatal To Case: Punjab & Haryana High CourtTitle: XXX v. XXXCitation: 2024 LiveLaw (PH) 213The Punjab & Haryana High Court has dismissed the appeal file against the conviction for sexual assault committed under the Protection of Children from Sexual Offences Act (POCSO Act) on 12-year-old girl, observing that, seven days delay in lodging the FIR is not fatal to the case.Justice Nidhi Gupta said, "It has to be understood that upon having been sexually assaulted by the appellant, the 12-year-old victim child would not have been able to mentally comprehend the nature of what had been done to her. Though the victim could narrate and describe what had been done to her as, at that age there is no sense of shame attached to the act, however, it would not have been possible for the victim to mentally understand or comprehend the crime committed upon her."Writ Court May Award Compensation On Account Of Breach Of Public Duty In Addition To Claim Of Tort Under Private Law: Punjab & Haryana High CourtTitle: Deepak Sharma & Anr. v. State of Haryana & Ors.Citation: 2024 LiveLaw (PH) 214The Punjab & Haryana High Court has made it clear that a writ Court may award compensation to a person aggrieved in addition to the independent right of the party to claim compensation under the private law in a civil action based on tort.These observations came in response to the plea filed for compensation on account of the death of a child who was allegedly electrocuted after a heavy electricity wire had fallen on him.Second Plea For Parole Merely Due To Change In Date Of Daughter's Marriage Not Maintainable: Punjab & Haryana High CourtTitle: Brij Lal v. State of Punjab & Ors.Citation: 2024 LiveLaw (PH) 215The Punjab & Haryana High Court has rejected the second plea for parole of a man convicted under the NDPS Act, filed to attend his daughter's marriage, observing that a fresh plea merely on the ground of change of date of marriage is not maintainable.Justice Kuldeep Tiwari said, "this Court is unable to comprehend, how a fresh petition is maintainable merely on the change of the date of marriage, once the earlier petition for the same cause of action was dismissed as withdrawn."[POCSO] Accused's DNA Not Matching With Victim's Vaginal Swab, Absence Of Semen Doesn't Rule Out Penetrative Sexual Assault: P&H High CourtTitle: XXX v. XXXCitation:...

Punjab & Haryana High Court Weekly Round Up: June 17 - June 23, 2024

Aiman J. Chishti

Tags