Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024

Nominal Index [Citations 143 - 152]Neeraj Bhardhwaj v. State of Haryana & Ors. 2024 LiveLaw (PH) 143The Bathinda Central Cooperative Bank Employees Union (Regd.), Bathinda vs. Election Commission of India and others Citation: 2024 LiveLaw (PH) 144Sushil Kumar @ Sushil Yadav & Anr v. State of Haryana & Anr 2024 LiveLaw (PH) 145Gopal Krishan vs State of Punjab and Others Citation: 2024 LiveLaw (PH) 146 XXX v. XXX Citation: 2024 LiveLaw (PH) 147Mahinder Kumar v. State of Haryana and others Citation: 2024 LiveLaw (PH) 148XXX v XXX Citation: 2024 LiveLaw (PH) 149Reeta Devi v. State of Punjab & ors. Citation: 2024 LiveLaw (PH) 150Bhupinder Singh Hooda v. State of Haryana and others Citation: 2024 LiveLaw (PH) 151Vijender v. State of Haryana Citation: 2024 LiveLaw (PH) 152Reports'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC QualificationsTitle: NEERAJ BHARDWAJ ALIAS NEERAJ v. STATE OF HARYANA AND OTHERSCitation: 2024 LiveLaw (PH) 143Observing that "teaching in a college is a responsible job", the Punjab & Haryana High Court has directed the Haryana Government to take steps to relieve professors who are teaching without possessing the minimum qualification prescribed by the University Grants Commission (UGC).A division bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "If persons do not possess minimum qualification laid down by the UGC i.e. NET/Ph.D., one can only imagine the plight of the students who are being taught by such unqualified persons. Those candidates who have been appointed under the earlier Policies by the various Colleges and have not even acquired the minimum qualifications uptill now, cannot be allowed to be continued."Punjab & Haryana HC Declines Interim Relief To Bank Opposing Election Duty Of Its Employees, Says It's Imperative To Uphold DemocracyTitle: The Bathinda Central Cooperative Bank Employees Union (Regd.), Bathinda vs. Election Commission of India and othersCitation: 2024 LiveLaw (PH) 144The Punjab and Haryana High Court has refused to grant interim relief to a cooperative bank which has challenged Election Commission's order requiring its employee for election duty. Justice Aman Chaudhary said,"Engaging in election duty is akin to fulfilling a solemn duty that each citizen owes towards the nation, analogous to participating in a festival celebrating the democratic principles upon which our society is founded. Serving in election duties ensures the smooth functioning of the electoral process, safeguarding the fundamental right of every citizen to choose their representatives."Taking Creditors As Abettor When Person Commits Suicide Due To Pressure Of Debt May Harm Legitimate Interest Of Those Reasonably Asking For Money: P&H High CourtTitle: SUSHIL KUMAR @ SUSHIL YADAV & ANOTHER v. STATE OF HARYANA & ANOTHERCitation: 2024 LiveLaw (PH) 145The Punjab & Haryana High Court has quashed an FIR lodged for abetment to suicide against a man who was allegedly "pressuring" the deceased to return the money lent.While setting aside the FIR, Justice Jasjit Singh Bedi said, "Where a person succumbs to the pressure of his debt and the creditor is taken as an abettor to his suicide simplicitor, the legitimate interest of a person asking for his own money in a reasonable manner would be harmed in every such case."Workman Must Not Be Punished For Devoting Time Before Wrong Forum Based On Misconception Or Ill-Advice: Punjab And Haryana High CourtCase Title: Gopal Krishan vs State of Punjab and OthersCitation: 2024 LiveLaw (PH) 146The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth held that the workman's withdrawal of the civil suit implied permission to pursue a remedy under labour law. The bench noted that the Industrial Tribunal refused to grant relief to the Workman based on the fact that he pursued the same matter in a civil court earlier.The High Court held that time spent in proceedings before the civil court would not count towards the period of limitation. Further, the workman should not be punished for devoting his time before the wrong forum as usually it is based on some misconception or ill-advise.Expecting Husband To Leave Elderly Mother, Sister With Unsound Mind Unattended Amounts To Cruelty: Punjab & Haryana High Court Upholds DivorceTitle: XXX v. XXXCitation: 2024 LiveLaw (PH) 147The Punjab & Haryana High Court has dismissed a wife's plea challenging the divorce order granted to the couple under the Hindu Marriage Act, observing that expecting her husband to leave his aged mother of around 75 years, and his sister of unsound mind unattended, amounted to "cruelty."Pension Falls Within Constitutional Right To Property, Non-Availability Of Document Cannot Be Grounds For Denial: Punjab & Haryana High CourtMahinder Kumar v. State of Haryana and othersCitation: 2024 LiveLaw (PH) 148The Punjab & Haryana High Court has made it clear that...

Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024

Aiman J. Chishti

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Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024

Aiman J. Chishti

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