Punjab & Haryana High Court Weekly Round-Up-: April 1 - April 7, 2024

Nominal IndexMukesh Kumar v. State of Haryana 2024 LiveLaw (PH) 99XXX v. XXX 2024 LiveLaw (PH) 100Zorawar Singh @ Shenty v. State of Punjab 2024 LiveLaw (PH) 101The New India Assurance Company Limited v. Pinki and Others 2024 LiveLaw (PH) 102Kunal Chanana v. Election Commission of India and others 2024 LiveLaw (PH) 103S. Rajgopal v. State of Haryana and others 2024 LiveLaw (PH) 104State of Punjab and others v. Rajvir Kaur and others 2024 LiveLaw (PH) 105Bajrang v. State of Haryana and others 2024 LiveLaw (PH) 106Sucha Singh v. State Of Punjab 2024 LiveLaw (PH)107Sushil Kumar and others v. State of Haryana and others 2024 LiveLaw (PH) 108State of Punjab and others v. Rajvir Kaur and others 2024 LiveLaw (PH) 109ReportsPC Act | 'Meaningless' To Seek Bail In Corruption Cases On Grounds That No Loss Was Caused To Govt: Punjab & Haryana High CourtTitle: Mukesh Kumar v. State of HaryanaCitation: 2024 LiveLaw (PH) 99While rejecting a pre-arrest bail of a Haryana Shehri Vikas Pradhikaran (HSPV) Estate Officer, the Punjab & Haryana High Court has made it clear that seeking bail in a corruption case on the ground that "no loss has been caused to the government" is "meaningless".Noting that the petitioner also sought bail on the ground that no loss has been caused to the government, Justice Anoop Chitkara observed, "The said argument is meaningless. If this argument is accepted, then every government employee who commits such an act and where no loss caused to government, would be entitled to bail which is neither the meaning within the Prevention of Corruption Act nor the provisions relating to cheating, forgery under Indian Penal Code."SC/ST Act | Pre-Arrest Bail Can't Be Rejected Solely On Ground That Plea Is Not Maintainable, Special Court Must Adjudicate On Merits: P&H High CourtTitle: XXX v. XXXCitation: 2024 LiveLaw (PH) 100The Punjab & Haryana High Court has said that an anticipatory bail plea under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989] (SC/ST Act) cannot be rejected solely on the ground that such a plea is not being in terms of statutory provisions contained in Section 18/18(A) of the Act.NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSLCitation: 2024 LiveLaw (PH) 101Title: Zorawar Singh @ Shenty v. State of PunjabThe Punjab & Haryana High Court has set aside the conviction in a case under the Narcotic Drugs & Psychotropic Substances (NDPS) Act on the ground that the prosecution concealed from the Trial Court that the objections were raised by the Forensic Lab on the sample sent by the investigating agency.Justice Pankaj Jain said, "Investigating agency can not hide proceedings from the Court. The onus upon the investigating agency is to investigate the crime and not to ensure that the accused is punished. After all, the quest is for the truth. The fairness of investigation is expected from the prosecution not only qua the stand of the prosecution but also from the point of view of the defence."MV Act | Minimum Wage Can't Be Only Factor To Determine Compensation Payable To Claimant: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 102Title: The New India Assurance Company Limited v. Pinki and OthersThe Punjab & Haryana High Court has said that the Minimum Wages Act cannot be the only factor in determining the compensation payable to the claimants in motor accidents. Justice Alka Sarin said, "No doubt minimum wages notification is a yardstick which is often used, however, the same cannot be the only factor to determine the compensation payable to the claimants.The Courts must strike a balance between inflated and unreasonable demands of the victim and the equally untenable claim of the opposite party saying that nothing is payable."Haryana CM Nayab Singh Saini Obligated To Get Elected As MLA Within 6 Months, Karnal By-Election Facilitates It: High CourtCitation: 2024 LiveLaw (PH) 103Kunal Chanana v. Election Commission of India and othersThe Punjab & Haryana High Court, dismissed the plea challenging the notification issued by the Election Commission of India (ECI) to hold a bye-election for Haryana's Karnal constituency in May, observing that new Chief Minister is obligated to to get himself elected as a member of the State Legislative Assembly within six months of taking oath as per the constitutional mandate and the bye-election facilitates it.Directors Can't Be Held Vicariously Liable In Criminal Cases Merely Because They Hold A Position In Company: Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 104Title: S. Rajgopal v. State of Haryana and othersThe Punjab & Haryana High Court has quashed the chargesheet arraying the Directors of a Company responsible for maintenance of a road, in a criminal case pertaining to the death of a 3-year-old child in an accident allegedly by falling from a bike due to a pothole.The Directors were booked for...

Punjab & Haryana High Court Weekly Round-Up-: April 1 - April 7, 2024

Aiman J. Chishti

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