Punjab & Haryana High Court Weekly Round-Up: March 25- March 31

Punjab & Haryana High Court Weekly Round Up- March 25- March 31Nominal IndexGurwinder Singh v. State of Punjab 2024 LiveLaw (PH) 92Anjana v. Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd. 2024 LiveLaw (PH) 93XXX v. XXX 2024 LiveLaw (PH) 94Jyoti Bala v. State of Punjab and others LiveLaw (PH) 95 Harey Ram v. State of Punjab LiveLaw (PH) 96Gautam Sehgal v. State Of Punjab LiveLaw (PH) 97Balwinder Singh v. State of Punjab & others LiveLaw (PH) 98Employees Vulnerable To Temptation Should Not Be Given Govt Jobs, Any Sympathy 'Erodes Democracy's Success': Punjab & Haryana High CourtCitation: 2024 LiveLaw (PH) 92Title: Gurwinder Singh v. State of PunjabThe Punjab & Haryana High Court has refused to grant anticipatory bail to a Patwari accused of accepting a bribe for entering a mutation based on forged documents observing that, employees vulnerable to temptations must not be given government jobs and any sympathies with such employees "erodes democracy's success."Justice Anoop Chitkara said, "A responsibility to perform any executive function when given to an officer drawing salary from the public exchequer is nothing short of delegation by the sovereign of its powers, and such officers are duty bound to stand tall in the performance of their duties, and they can discharge them legal, honesty and efficiently, only when they are honest, skilled, and meritorious.Those who have strong moral compass do not waiver because of temptation, and they place their duties to the system over and above their vested interests. Temptation or unquenched thirst for more money, more power is a devil in disguise."'Crossed All Boundaries': P&H HC Imposes ₹5 Lakh Cost On CONFED For Withholding Deceased Employee's Pension, Seeking Recovery Of Losses From WidowCitation: 2024 LiveLaw (PH) 93Title: Anjana v. Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd.The Punjab & Haryana High Court has imposed a cost of Rs. 5 lakh on the Haryana State Federation of Consumers Co-Operative (CONFED) for not releasing the retiral benefit of an accountant who retired in 2015 upon finding that the actions against him were "atrocious" and violative of right to livelihood under Article 21 of the constitution.It was stated that three chargesheets were issued by the CONFED against the employee on allegations of shortfall due to less moisture gain in the stocks.'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape VictimCitation: 2024 LiveLaw (PH) 94Title: XXX v. XXXObserving that "life is not just about being able to breathe, rather it is about being able to live with dignity", the Punjab & Haryana High Court has allowed termination of the 21-week pregnancy of a 13-year-old rape victim.According to the Medical Termination of Pregnancy (MTP) Act, termination of the pregnancy can be allowed by the two registered medical practitioners for up to 20 weeks. However, beyond 20 weeks to 24 weeks, only certain categories of women are allowed to terminate pregnancy.High Court Directs Appointment Of Teacher Rejected By Punjab Govt For Acquiring Teaching Experience From Outside State, Says Action Violates Article 14Citation: 2024 LiveLaw (PH) 95Title: Jyoti Bala v. State of Punjab and othersThe Punjab & Haryana High Court has directed the appointment of a Punjab Government teacher who was rejected on the ground that the essential experience required was gained by him from teaching outside the State.It was stated that a candidate who was qualified for the post of Head Teacher in Punjab was denied appointment because she had obtained the essential experience required for the post from a Haryana Government School. The Punjab Government claimed that a "State Government School" under Punjab Civil Services Rules would mean Punjab Government School only.'Fight Took Place In Spur Of Moment, No Premeditation': Punjab & Haryana HC Modifies Murder Conviction To Culpable Homicide Not Amounting To MurderCitation: 2024 LiveLaw (PH) 96Title: Harey Ram v. State of PunjabThe Punjab & Haryana High Court has modified the conviction of a murder case under Section 302 IPC into culpable homicide not amounting to murder under Section 304 IPC, observing that the fight which took place between the convict and deceased was not premeditated.A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh said, " This Court is conscious of the fact that the incident occurred in the ear 2006 when a sudden fight took place between the accused and deceased, there was no premeditation and the offence was committed in the spur of the moment. The appellant was unarmed and the injury was caused by a brick blow. This Court is of the view that conviction of the appellant would not fall under Section 302 IPC but fall under Section 304 Part-I IPC.Drug Peddlers Destroy Social Fabric, Need No Sympathy': Punjab & Haryana High Court Refuses Bail For Chemist Accused Of Smuggling...

Punjab & Haryana High Court Weekly Round-Up: March 25- March 31

Aiman J. Chishti

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