Punjab & Haryana High Court Weekly Round-Up: January 29 - February 3, 2024

Citation 2024 LiveLaw (PH) 26- Citation 2024 LiveLaw (PH) 32Nominal IndexVijay Pal Singh v. State of Haryana 2024 LiveLaw (PH) 26 X v. The Postgraduate Institute Of Medical Edu. & Research, Chandigarh 2024 LiveLaw (PH) 27Sanjay Upadhya v. State of Punjab 2024 LiveLaw (PH) 28Amrik Singh & Ors v. UT OF Chandigarh Through its Principal Secretary & Ors 2024 LiveLaw (PH) 29 XXX v. XXX 2024 LiveLaw (PH) 30Gurpreet Singh @ Gopi v. State of Punjab 2024 LiveLaw (PH) 31Paramraj Singh Umranangal v. UOI & Ors 2024 LiveLaw (PH) 32Reports'Custodial Inquiry Required To Unearth Scam', P&H High Court Refuses Anticipatory Bail To NCERT HOD Accused Of Demanding Bribe For Giving Book Supply ContractCitation: 2024 LiveLaw (PH) 26Case Title: Vijay Pal Singh v. State of HaryanaThe Punjab & Haryana High Court has refused to grant anticipatory bail to Head Of Division of Educational Kits, National Council of Educational Research and Training (NCERT) accused of demanding illegal gratification from a bidder for processing bills and renewing contract for supplying educational kits.Justice Anoop Chitkara said, "the petitioner's custodial interrogation is required to find out the involvement of other officials of NCERT and to unearth the scam of corruption going on in NCERT, where these officials take money even from the book supplier for supply of books to young school-going children."[Rape On False Promise To Marry] Punjab & Haryana HC Permits Woman To Terminate "Unwanted" Pregnancy, Says It May Affect Her Opportunities In LifeCitation: 2024 LiveLaw (PH) 27Title: X v. The Postgraduate Institute Of Medical Edu. & Research, Chandigarh.The Punjab and Haryana High Court has allowed a woman claiming to have been raped on false promise of marriage to terminate the pregnancy of over 12 weeks, observing that an unwanted pregnancy may effect her ability to pursue other opportunities in life, such as employment and contributing to her family's income.Justice Vinod S. Bhardwai said, "Forced into an unwanted pregnancy, a woman is likely to experience significant physical and emotional challenges. Dealing with the aftermath of such a pregnancy, even after childbirth, places an extra burden on the petitioner, affecting her ability to pursue other opportunities in life, such as employment and contributing to her family's income."NDPS Act | Cannabis Seeds With Flowering Tops Constitute 'Ganja', Entire Material Weighed To Determine Quantity: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 28Title: Sanjay Upadhya v. State of PunjabThe Punjab and Haryana High Court has made it clear that cannabis seeds, if accompanied by flowering tops, would fall within the definition of 'ganja' under Section 2 (ili)(b) of the NDPS Act and entire weight of the material would be taken into consideration in order to ascertain the total weight of the contraband.Justice Deepak Gupta said, "no doubt that material recovered from the petitioner included the seeds but the same were accompanied by flowering tops dried of the cannabis plant and, therefore, prima-facie the seeds accompanied by the flowering tops would fall within the definition of 'ganja' and entire weight of the material is to be taken into consideration in order to know the total weight of the contraband recovered."'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father InconsequentialCitation: 2024 LiveLaw (PH) 29Title: Amrik Singh & Ors v. UT OF Chandigarh Through its Principal Secretary & Ors.Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor, the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.The dispute occurred when the registrar refused to register the adoption deed of the child stating that as per the Hindu Adoptions and Maintenance Act, 1956, a mother/natural guardian can give the child in adoption only after obtaining consent of the father.Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 30Title: XXX v. XXXThe Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 (1) of the Family Courts ActFor context as per Section 19(1) of the Family Court, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court. Section 19(5) states, "Except as aforesaid, no appeal or revision shall lie to any Court from any judgement order or decree of a Family Court."Gangster Ecosystem In Punjab Must Be Dealt With Iron Hand: Punjab & Haryana High Court Denies Bail In Extortion CaseCitation: 2024 LiveLaw (PH) 31Title: Gurpreet Singh @...

Punjab & Haryana High Court Weekly Round-Up: January 29 - February 3, 2024

Aiman J. Chishti

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