Punjab & Haryana High Court Weekly Round-Up [19th February - 25th February, 2024]

Nominal IndexNarinder Kumar and another v. State of Punjab and others 2024 LiveLaw (PH) 51Sonia v. State of Haryana and others 2024 Live (PH) 52Naresh Kumar and another v. The Appellate Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act 2024 LiveLaw (PH) 53Neetu Sharma v. State of Punjab and others 2024 LiveLaw (PH) 54Balwinder Singh & another v. State of Punjab 2024 LiveLaw (PH) 55Kulwinder Singh alias Nona v. State of Punjab 2024 LiveLaw (PH) 56Banarsi Dass v. State of Haryana anda others 2024 LiveLaw (PH) 57Rajesh Kaler @ Rajesh Kumar v. State of Punjab 2024 LiveLaw (PH) 58XXXX v. XXXX 2024 LiveLaw (PH) 59Rameshwar v. State of Haryana and another 2024 LiveLaw (PH) 60ReportsMurder | Mere Non-Receipt Of 'Viscera Report' Would Not Render Investigation Incomplete For Granting Default Bail: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 51Title: Narinder Kumar and another v. State of Punjab and others.The Punjab & Haryana High Court has made it clear that in a murder case, mere non-receipt of viscera report will neither render the investigation incomplete nor render the Magistrate unable to take cognizance.While rejecting the plea challenging refusal of a default bail, Justice Manjari Nehru Kaul said, "Mere non-receipt of the viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance; mores when the instant case is based on eye witness account wherein the identity of the deceased is not in dispute and furthermore, the manner in which the injuries were allegedly inflicted upon him also stands detailed in the FIR in question."Right To Fair Trial Extends To Victim Of Crime As Well: Punjab & Haryana HC Transfers Murder Case To CBI Upon Noting Police's InactionCitation: 2024 Live (PH) 52Title: Sonia v. State of Haryana and others.The Punjab & Haryana High Court has transferred a murder case registered more than an year ago, to Central Bureau of Investigation (CBI), observing that there was a failure on the part of the jurisdictional police authorities in performing their statutory duty.Justice Harpreet Singh Brar said, "the petitioner is going pillar to post in hopes of getting justice for the murder of her husband and has registered four complaints regarding fair investigation of the same. This Court is of the opinion that endeavours must be made to provide solace to the relatives of the victim and assure them that the investigation will be conducted fairly...the right to fair trial is not only restricted to the accused. It extends to the victim and the society as well. Nowadays, all the attention is given to the accused to ensure fair investigation resulting in a fair trial while little concern is shown to the victim and the society. The onerous duty to maintain a middle ground to secure fair investigation and trial of the accused without sacrificing the interest of the victim and the society is cast upon the Courts. "[S. 23(2) Senior Citizens Act] Magistrate Can Evict Occupant From Senior Citizens' Estate To Ensure Well Being: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 53Title: Naresh Kumar and another v. The Appellate Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act. 2007 and othersThe Punjab & Haryana High Court has made it clear that the Tribunal/Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) during the enforcement of the right to receive maintenance against the transferee of senior citizen's property, can evict the transferee if it is necessary to ensure the well being of the senior citizen.A division bench of Justice Deepak Sibal and Justice Deepak Manchanda said, "Section 23(2) (Senior Citizen Act) of covers a situation where a senior citizen has a right to receive maintenance out of an estate. If any right or interest in that estate or part thereof is transferred, the senior citizen would have the right to receive maintenance against the transferee. It the transteree curtails such right, the senior citizen can get his right to receive maintenance enforced against the transferee through the Tribunal. During the course of enforcement of such right, if it is necessary to ensure the senior citizen's well being, the Tribunal would have the power to order eviction of the transferee from the senior citizen's estate or part thereo. The exercise of such power by the Tribunal would be to ensure the senior citizen's maintenance and/or protection.""Inappropriate": Punjab & Haryana High Court Refrains From Referring To Female Teacher As 'Mistress', Cites SC Directives On Addressing FemalesCitation: 2024 LiveLaw (PH) 54Title: Neetu Sharma v. State of Punjab and othersThe Punjab and Haryana High Court recently refrained from referring to a female teacher as "mistress", a terminology which the Punjab Government uses for the position.Justice Sanjeev Prakash Sharma said, "Petitioner Neetu Sharma has approached this court with a grievance that...

Punjab & Haryana High Court Weekly Round-Up [19th February - 25th February, 2024]

Aiman J. Chishti

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