Punjab & Haryana High Court Weekly Round-Up: 8 July- 14 July, 2024

Nominal Index [Citations 243-253]XXXX v. XXX 2024 LiveLaw (PH) 243Virender v. State of Haryana and others 2024 LiveLaw (PH) 244Sadha Ram @ Bhajna Ram v. State of Haryana and Others 2024 LiveLaw (PH) 245Aftab @ Sakil v. State of Haryana & Ors. 2024 LiveLaw (PH) 246Mamta & Others v. Happy and Others 2024 LiveLaw (PH) 247Jatinder Jain v. State of Haryana and others 2024 LiveLaw (PH) 248Sukhnoor Singh v. HPSC & Ors. 2024 LiveLaw (PH) 249Kunal Puri v. Dheeraj Yadav 2024 LiveLaw (PH) 250Ravinder Singh @ Kali v. State of Punjab and others 2024 LiveLaw (PH) 251XXXX v. XXX 2024 LiveLaw (PH) 252M/s Shivam Engineers and Fabricators v. SBI & Ors. 2024 LiveLaw (PH) 253ReportsPolice In India Can't Take Cognizance Of Dowry Harassment Committed Abroad, Sanction U/S 188 CrPC Must: Punjab & Haryana High CourtCase Title: XXXX v. XXXCitation: 2024 LiveLaw (PH) 243The Punjab and Haryana High Court has held that the police in India cannot take cognizance of dowry harassment offence allegedly committed abroad.The development came while quashing a FIR lodged against husband on allegations of harassing his wife by making dowry demands.While noting that the incidents of harassment alleged by the wife took place in Australia, Justice Harpreet Singh Brar said, "cognizance of the same could not have been taken by the police in India."Sending First Time Offenders To Jail For Minor Offences Attracts Them Towards Crime: Punjab & Haryana HC Bats For Probation, Reformative JusticeCase Title: Virender v. State of Haryana and othersCitation: 2024 LiveLaw (PH) 244The Punjab and Haryana High Court has said that Courts have "ample power" to release the first offender of minor offences on probation, keeping into focus the nature and manner of the crime, age of the offender, other antecedents and attending circumstances of the offence, instead of committing him to jail.Preventive Detention On Mere Suspicion 'Draconian', Power Not Meant To Arbitrarily Enforce 'Police Rule': Punjab & Haryana High CourtCase Title: Sadha Ram @ Bhajna Ram v. State of Haryana and OthersCitation: 2024 LiveLaw (PH) 245The Punjab and Haryana High has made it clear that the preventive detention order should not be passed to enforce 'Police Rule' on mere suspicion and credible likelihood of the detenu's involvement in crimes must be established.Life Convicts Should Be Eligible For Premature Release Once They Have Served Sufficient Period Of Time In Prison: Punjab & Haryana High CourtAftab @ Sakil v. State of Haryana & Ors.Citation: 2024 LiveLaw (PH) 246The Punjab and Haryana High Court has said that life convicts should be eligible for pre-mature release "once they have served sufficient period of time in the prison to mark the seriousness of their offences."The Court while quashing the order of State authorities directing a dacoity and murder convict to remain in prison till his last breath, allowed the pre-mature release noting that he had undergone more than 24 years of actual imprisonment.Motor Accident Claimants Often Not Aware Of Their Rights, Judges Shouldn't Get Technical: Punjab & Haryana HC Issues Guidelines To TribunalsTitle: Mamta & Others v. Happy and OthersCitation: 2024 LiveLaw (PH) 247The Punjab and Haryana High Court has issued a set of guidelines to the Tribunals under the Motor Vehicles Act (MV Act), observing that Judges should not go into the technicalities of the provisions under which the application or petition is moved; rather they should apply judicial mind since "these are only the irregularities and not illegalities which cannot be cured."Picking-Up Stray Cattle For 'Gowshalas' Should Be Done With Proper Sensitivity: Punjab & Haryana High Court Tells State GovtsTitle: Jatinder Jain v. State of Haryana and othersCitation: 2024 LiveLaw (PH) 248The Punjab & Haryana High Court has said that state should ensure that the exercise of picking up the stray cattle from urban areas and taking them to the respective Gowshalas is done with "proper sensitivity."Haryana Judiciary Exam | Prelims Result Calculated But Not Declared Category Wise Can't Be Set Aside: High CourtTitle: Sukhnoor Singh v. HPSC & Ors.Citation: 2024 LiveLaw (PH) 249The Punjab and Haryana High Court has dismissed a batch of writ petitions challenging the preliminary examination result declared in April for Haryana Civil Services (Judicial Branch) (HCS) Examination 2023-24.A division bench of Justice Lisa Gill and Justice Sukhvinder Kaur said, "result of the preliminary examination cannot be set aside on the ground that it has not been declared category wise."'Forum Hunting': Punjab & Haryana HC Imposes Cost On Man For Filing Quashing Plea After Withdrawing Revision Petition In Cheque Bounce CaseKunal Puri v. Dheeraj YadavCitation: 2024 LiveLaw (PH) 250Observing that "it seems that it is a case of forum hunting", the Punjab & Haryana High Court imposed a cost of Rs.10,000 on a man who filed petition under Section 482 CrPC to quash cheque bounce case after withdrawing revision...

Punjab & Haryana High Court Weekly Round-Up: 8 July- 14 July, 2024

Aiman J. Chishti

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