Punjab & Haryana High Court Weekly Round Up: April 22 - April 28, 2024

Nominal Index [Citations 125 - 134]Rakesh Das v. State of Haryana & Ors. 2024 LiveLaw (PH) 125Simran Kaur versus Union of India and others 2024 LiveLaw (PH) 126Pradeep Kumar v. State of Haryana 2024 LiveLaw (PH) 127Kaushal and Others v. Raj Kamal and others 2024 LiveLaw (PH) 128XXX v. XXX 2024 LiveLaw (PH) 129XXX v.XXX 2024 LiveLaw (PH) 130Naresh Kapoor v. State of Punjab and anr. 2024 LiveLaw (PH) 131M/s Shree Digvijaya Woollen Mills Ltd Verses Commissioner of Income-Tax 2024 LiveLaw (PH) 132Saurabh Gupta & Ors v. State of Haryana & Ors. 2024 LiveLaw (PH) 133SBI v. DM, Ludhiana & Ors. 2024 LiveLaw (PH) 134ReportsCan Partial Compromise Be Ground For Quashing FIR? Punjab & Haryana High Court Refers Matter To Larger BenchTitle: Rakesh Das v. State of Haryana & Ors.Citation: 2024 LiveLaw (PH) 125Observing that "there is no explicit guidelines governing the issue", the Punjab and Haryana High Court has referred the matter of quashing of FIR on the basis of "partial compromise" to the larger bench.Are Writ Petitions Under Article 226 Maintainable Against Army Welfare Education Society Or Army Public Schools? Punjab & Haryana HC Refers To Larger BenchTitle: Simran Kaur versus Union of India and othersCitation: 2024 LiveLaw (PH) 126The Punjab & Haryana High Court has referred the issue of whether a writ petition under Article 226 of the constitution would be maintainable against the Army Welfare Society or against the Army Public School, to the larger bench. Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "The language of the Article 226 of the Constitution of India empowers the High Court to issue a writ, order or direction to any person or authority, including any Government for the enforcement of any other purpose."S.36A(4) NDPS Act | Public Prosecutor Not Part Of Investigating Agency, Expected To Apply Mind For Seeking Extension: Punjab & Haryana HC ReiteratesTitle: Pradeep Kumar v. State of HaryanaCitation: 2024 LiveLaw (PH) 127The Punjab and Haryana High Court has granted default bail to an accused in a drugs case whose plea was rejected by the Trial Court which granted an extension to the investigating agency to probe the matter.The Court noted that the Public Prosecutor (PP) did not submit an independent report seeking time for investigating the case, which is a mandatory provision under Section 36A (4) of the NDPS Act.MV Act | Tribunal Should Not Dismiss Application For Compensation Merely For Non-Joinder Of Party: Punjab & Haryana High CourtTitle: Smt. Kaushal and Others v. Raj Kamal and othersCitation: 2024 LiveLaw (PH) 128The Punjab and Haryana High Court has made it clear that motor accident claims under the Motor Vehicle Act (MV Act) cannot be dismissed for non-joiner of parties.While setting aside the order of Motor Vehicle Tribunal, the Court noted that the claim was rejected, "only because the mother was not impleaded as party."No Kidnapping When Minor Who Is Of Age Of Discretion Leaves Guardians' House With Accused On Her Own Will: Punjab & Haryana High CourtTitle: XXX v. XXXCitation: 2024 LiveLaw (PH) 129The Punjab and Haryana High Court has said that a person will not be liable for kidnapping if a minor girl of "age of discretion" leaves her guardian's house along with him on her own volition.The Court granted anticipatory bail to an accused who was booked by Fatehgarh Sahib Police for allegedly kidnapping a 17-year-old girl to compel her to marry him.No Fresh Material Can Be Produced Before Trial Court Without Making Application Under CrPC: Punjab & Haryana High CourtTitle: XXX v.XXXCitation: 2024 LiveLaw (PH) 130The Punjab and Haryana High Court has made it clear that no fresh material can be exhibited in the trial court without moving an application under relevant provisions of the Criminal Procedure Code (Cr.P.C.)The Court set aside the trial court's order allowing complainant's application to give specimen of signature to compare with the confessional statement of the accused booked for sexual assault under POCSO Act after conclusion of prosecution evidence.Teacher Likely To Use Harsh Language To Discipline Student: Punjab & Haryana HC Discharges Teacher Accused Of Abetment Of Suicide Of Minor StudentTitle: Naresh Kapoor v. State of Punjab and anr.Citation: 2024 LiveLaw (PH) 131Observing that "post of a teacher require disciplining a student", the Punjab & Haryana High Court has discharged a teacher from charges of abetment to suicide of a minor student who allegedly harassed her in school.The Court found that the student was weak in studies "for which she was reprimanded". Even otherwise, neither the FIR nor the suicide note refer to any specific instances of acute harassment amounting to abetment, it said.No Addition Is Permitted On Account Of Estimated Profit U/s 41(1) Simply Based On Assumptions: Punjab & Haryana High CourtCase Title: M/s Shree Digvijaya Woollen Mills Ltd Verses Commissioner of Income-TaxCitation: 2024 LiveLaw (PH) 132The Punjab & Haryana High...

Punjab & Haryana High Court Weekly Round Up: April 22 - April 28, 2024

Aiman J. Chishti

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