Nominal Index

S through her mother K v. State of Haryana 2023 LiveLaw (PH) 146

X v. State of Haryana 2023 LiveLaw (PH) 147

Monu vs. Union of India and Others 2023 LiveLaw (PH) 148

Rajwinder Singh v. State of Punjab and others 2023 LiveLaw (PH) 149

X v. State of Punjab & Ors. 2023 LiveLaw (PH) 150

Daya @ Dayawanti vs. Arjun and others 2023 LiveLaw (PH) 151

Gurdarshan Singh Gill v. UOI 2023 LiveLaw (PH) 152

Sukhwinder Singh v. State of Punjab and othersm 2023 LiveLaw (PH) 153

Sukhbir Singh Badal vs. State of Punjab and another 2023 LiveLaw (PH) 154

Judgements

Lack Of Parental Control Over Juvenile Being Out Late At Night Not A Valid Ground To Reject Bail: Punjab & Haryana High Court

Case Title: S through her mother K v. State of Haryana

Citation: 2023 LiveLaw (PH) 146

The Punjab and Haryana High Court recently held that the argument that the parents of the juvenile who is accused of a heinous crime do not have control over her as she was out of home at odd hours, cannot be a valid ground to reject bail.

Justice Deepak Gupta thus released the petitioner on bail citing that the lower court had erred in dismissing her bail application.

Punjab & Haryana High Court Imposes ₹10K Cost On Live-In Couple For Seeking Protection Without Threat

Case Title: X v. State of Haryana

Citation: 2023 LiveLaw (PH) 147

The Punjab & Haryana High Court recently imposed a cost of Rs.10,000 on a live-in couple for filing a plea for protection without any perceived threat against them.

Justice Alok Jain clarified that previously informed the petitioners on the very first hearing that a cost of Rs.50,00 will be imposed if no threat perception was found.

ITBP Recruitment | Punjab & Haryana High Court Upholds Rejection Of Candidature Of Man Having Tattoo On Right Forearm

Case title - Monu vs. Union of India and Others

Case Citation:2023 LiveLaw (PH) 148

The Punjab and Haryana High Court on Monday upheld the rejection of the candidature of a man against the post of Constable in the Indo-Tibetan Border Police Force (ITBP) for the reason of his having a tattoo on his right forearm.

The bench of Justice Jagmohan Bansal relied on a judgment of the Delhi High Court in the case of Vikash Kumar vs. Director General, Indo-Tibetan (2021) involving a similar issue. In that case, the HC had opined that in view of a specific stipulation of disqualification of tattoo on the right arm, the petition cannot be allowed and authorities cannot be directed to consider the claim of the petitioner.

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders

Case Title: Rajwinder Singh v. State of Punjab and others

2023 LiveLaw (PH) 149

In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act (RTI) have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.

Justice Vikas Bahl thus directed authorities handling appeals under the Right to Information (RTI) Act to provide clear and reasoned orders while adjudicating cases.

Ensure That Offices, Educational Institutions Don't Insist On Father's Name Of Rape Victim's Child: Punjab & Haryana High Court To State

Case title: X v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 150

The Punjab and Haryana High Court has directed the State governments to ensure that offices, especially all educational institutions, do not insist on disclosure of fathers’ name of the child of a rape victim.

The direction was made on a suggestion put forth by Amicus Curiae Tanu Bedi in a matter regarding welfare and rehabilitation of rape victims and children born from such offence.

The case pertained to a victim of sexual offence seeking compensation for violating her modesty and fundamental right to live with dignity. During the course of prolonged hearing of the case, the scope of the writ petition was enhanced.

Homemaker's Contribution To Intricate Fabric Of Daily Life Is Immeasurable, Deserving Profound Acknowledgment: P&H High

Case title - Daya @ Dayawanti vs. Arjun and others [FAO-3236-200]

Case Citation:2023 LiveLaw (PH) 151

Observing that the contribution of a homemaker to the intricate fabric of daily life is "immeasurable and deserves profound acknowledgement", the Punjab and Haryana High Court last week allowed an appeal filed by a woman seeking enhancement of the amount of compensation received by her on account of the death of her husband.

Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHAI

Case Title: Gurdarshan Singh Gill v. UOI

Citation: 2023 LiveLaw (PH) 152

The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest.

Recording Adverse Remarks In Transfer Orders Uncalled For, Should Not Be Used Against Transferee Officer: Punjab & Haryana High Court

Case Title: Sukhwinder Singh v. State of Punjab and others

Case Citation: 2023 LiveLaw (PH) 153

The Punjab & Haryana High Court has observed that recording adverse remarks in transfer orders such as “having links with accused indulging in intoxicant material and illegal mining” is not called for and should not be used against him.

P&H High Court Quashes FIR Against Ex-Dy CM Sukhbir Badal Over 'Violating' Prohibitory Orders During COVID Pandemic

Case title - Sukhbir Singh Badal vs. State of Punjab and another

Case Citation: 2023 LiveLaw (PH) 154

The Punjab and Haryana High Court today quashed an FIR lodged against former Deputy Chief Minister and present Member of Parliament Sukhbir Badal in 2021 for allegedly violating prohibitory orders during the COVID pandemic.

Other Developments

Are CCTV Cameras In Police Stations Working? What Is Their Recording Capacity? High Court Asks Punjab, Haryana & Chandigarh Admin

Case Title: Kamla Devi v State of Punjab & Ors.

The Punjab & Haryana High Court has asked the Chandigarh administration and the governments of Punjab and Haryana to give details on the status of CCTV cameras installed at the police stations.

Punjab & Haryana High Court Issues Notice On Habeas Corpus Plea Alleging Man Convicted And Detained But Sentencing Order Not Passed

Case Title: Ajit v. Punjab & Haryana High Court & Ors

The Punjab & Haryana High Court on Monday issued notice to itself on the habeas corpus petition filed by a 26-years-old who has been lodged in prison following dismissal of his appeal against conviction for criminal intimidation, allegedly in absence of a sentencing order.

The bench of Justice Anupinder Singh Grewal issued notice to the Joint Registrar of High Court, UT of Chandigarh and other authorities.

Nuh Demolitions: Residents Move Punjab & Haryana High Court Alleging Contempt Of 2020 Order Granting Time For Relocation

Case Title: Rahimuddin & Ors. v. Dhirendra Khadgata, DC Nuh & Ors.

The Punjab & Haryana High Court has issued a notice on a contempt petition filed by residents of Nuh, whose houses were allegedly demolished in an encroachment drive earlier this month.

The plea alleges that the State authorities wilfully disobeyed a 2020 Court order which directed the Deputy Commissioner of Nuh-Mewat to provide adequate time to the residents to relocate before taking possession.

Punjab & Haryana High Court Grants Police Protection To Caretaker Of Mosque Allegedly Vandalised During Nuh-Gurugram Violence

Case Title: Rasid v. State of Haryana & Ors.

The Punjab & Haryana High Court on Tuesday granted temporary police protection to the caretaker of a mosque which was allegedly vandalised by a mob during Nuh violence.

Justice Anoop Chitkara granted the protection for fifteen days considering the potential gravity of the situation but clarified that the order does not imply a decision on the merits of the case.