Punjab & Haryana High Court Weekly Round-Up: July 01 - July 07, 2024

Nominal Index [Citations 231-242]Harjinder Singh @ Jinda & Ors. v. State of Punjab & Ors. 2024 LiveLaw (PH) 231Anuradha v. UOI & Ors. 2024 LiveLaw (PH) 232Ashok Kumar Bansal v. State of Haryana and others 2024 LiveLaw (PH) 233XXXX v. XXXX 2024 LiveLaw (PH) 234XXXX v. XXX 2024 LiveLaw (PH) 235Mandeep Singh vs Kulwinder Singh and another. 2024 LiveLaw (PH) 236Sunset Kaur v.State of Punjab & Ors. 2024 LiveLaw (PH) 237Court on its own Motion v.Surjeet Singh 2024 LiveLaw (PH) 238Maya Devi v. State of Haryana and others 2024 LiveLaw (PH) 239XXX v. State of Punjab & Ors. 2024 LiveLaw (PH) 240XXX v. XXX 2024 LiveLaw (PH) 241Sumit Nandwani v. State of Haryana 2024 LiveLaw (PH) 242ReportsMere "Religiously Compromised" Expression Not Offence U/S 295A IPC, Intentional Insult Provoking Breach Of Peace Essential: Punjab & Haryana HCHarjinder Singh @ Jinda & Ors. v. State of Punjab & Ors.2024 LiveLaw (PH) 231The Punjab and Haryana High has held that merely making "religiously compromised" statements is not an act sufficient for the Magistrate court to take cognizance of offence under Section 295A IPC.The provision criminalizes deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion.No Fundamental Right Of Employee Violated If Competent Authority Abolishes Promotional Post: Punjab & Haryana High CourtAnuradha v. UOI & Ors.2024 LiveLaw (PH) 232The Punjab & Haryana High Court has held that there will not be a violation of the fundamental right of an employee if the Competent Authority has created or abolished a promotional post.Justice Jagmohan Bansal said, "A person has right to be considered for promotion against a post. If the Competent Authority has created or abolished a promotional post, the Court cannot hold that there is violation of fundamental right of the candidate to be considered for the said post."School Built On Land Acquired For 'Mandi' Serves Public Purpose: P&H HC Declines Former Owner's Plea To Release Acquired Land, Imposes 25K CostAshok Kumar Bansal v. State of Haryana and others2024 LiveLaw (PH) 233The Punjab & Haryana High Court has refused to allow a plea seeking the release of the land acquired by the State Government for the development of a 'Mandi' which was later used for building a school, observing that the public purpose is served.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "The reason is but trite, and, simple, that since even a building subserves the educational pursuits of the school going children, thereupon, concomitantly public good, and, public purpose but becomes subserved. Resultantly, this Court does not find that the raising of a school building on the subject land, is a valid ground for this Court directing the respondents concerned, to consider the release of the subject lands from acquisition."Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High CourtXXXX v. XXXX2024 LiveLaw (PH) 234The Punjab and Haryana High Court has held that while adjudicating a rape case based on false promise to marry, the Court should take into accounts factors like comparative age of accused and victim, their educational, social and economic background and the nature of their profession.The list is not exhaustive and Court said entirety of facts and circumstances of each case will have to be considered.Breast Feeding Child Has Fundamental Right To Mother's Love: Punjab & Haryana HC Directs In-Laws To Handover 8 Months Old's Interim Custody XXXX v. XXXCitation: 2024 LiveLaw (PH) 235The Punjab and Haryana High Court has directed the in-laws of a woman to handover to her the interim-custody of her 8-months-old and 2-years-old daughters.Justice Kuldeep Tiwari observed that the breastfeeding infant cannot be deprived of her fundamental right to get mother's love and care."In the instant case, one of the petitioner's minor daughters, who is aged about 08 months, is completely dependent on her mother's breastfeeding for nourishment and as such, she cannot be deprived of her fundamental right to get the love and affection of her mother, who is well capable to take care of her. Even the physical and biological needs of an 8 months' old child lies in the association of her mother."In A First, Punjab & Haryana High Court Interprets Provision Of Bharatiya Nagarik Suraksha SanhitaMandeep Singh vs Kulwinder Singh and another.Citation: 2024 LiveLaw (PH) 236The Punjab and Haryana High Court has passed its first order interpreting a provision of the newly enforced Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).BNSS, along with Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam came into effect from July 1, 2024. Not soon thereafter, on July 2, the High Court was faced with the dilemma whether a criminal revision petition filed before it would be governed by the now repealed CrPC or the BNSS.Accused Need Not Be Heard Before Directing CBI Investigation:...

Punjab & Haryana High Court Weekly Round-Up: July 01 - July 07, 2024

Aiman J. Chishti

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