Punjab & Haryana High Court Monthly Digest: May 2022 [Citations 90-124]

Nominal Index Vipul v. State of Punjab2022 LiveLaw (PH) 90 Kulwinder Singh v. State of Punjab 2022 LiveLaw (PH) 91 Tata AIG General Insurance Company Limited Vs. Surjeet Kaur and others, with connected matters 2022 LiveLaw (PH) 92 M/s Experion Developers Private Limited vs. State of Haryana and others 2022 LiveLaw (PH) 93 Lovedeep Singh v. Gurpreet Kaur [CRR(F)-314-2022]...

Allahabad HC Deletes 'Onerous' Bail Condition Of Surrendering Passport Imposed On Urdu Scholar In Matrimonial Dispute

The Allahabad High Court last week ordered the deletion of an interim bail condition imposed on an Urdu scholar Mirza Shafiq Husain Shafaq in connection with a matrimonial dispute regarding the deposit of his passport before the S.S.P/S.P concerned.Calling the bail condition 'onerous', the Bench of Justice Siddharth emphasized upon the fundamental right to travel abroad as it referred to...

Punjab & Haryana HC Grants ₹95 Lakh Compensation To Minor Who Got Electrocuted From Live Wire Lying On Street, Resulting In Amputation Of Arms

The Punjab and Haryana High Court recently directed the Dakshin Haryana Bijli Vitran Nigam to pay compensation of Rs. 95 lakh to the petitioner, a minor girl who got electrocuted from a broken electric pole lying on the street with live electric wires attached to it, resulting in amputation of both arms.The bench comprising Justice Jaishree Thakur held that the facts of the case in hand...

Hyderpora Encounter: Division Bench Of J&K High Court Stays 'Order Of Exhumation Of Body' Of Amir Magrey

Division Bench of High Court of J&K and Ladakh, on Friday, stayed operation of judgment passed by Justice Sanjeev Kumar wherein he had directed the authorities to exhume the body of Ramban Youth, Amir Latif Magrey - one of the 4 persons killed in controversial Hyderpora encounter, last year. One week after the judgement was delivered by the single bench of J&K and Ladakh...

Madras High Court Dismisses Defamation Complaint Against President & Secretary Of All India Yadav Maha Sabha

The Madras High Court bench of Justice M Nirmal Kumar recently dismissed a revision petition against the order passed by Metropolitan Magistrate Court Egmore dismissing a defamation complaint against the President and Secretary-General of the All India Yadav Maha Sabha. The petition was filed by one Nandagopal Yadav, who was suspended from the post of Vice President of the...

Natural Justice: Punjab & Haryana High Court Sets Aside Re-Assessment Order Stating Reasonable Time Ought To Be Given To Respond To Show Cause

The Punjab and Haryana High Court has held that when a draft assessment order/show cause notice is issued to an assessee, reasonable time ought to be furnished to respond to the notice, so as to comply with the principles of natural justice.Observing thus, a bench comprising Justice Tejinder Singh Dhindsa and Justice Pankaj Jain set aside the re-assessment order passed by the...

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her

The Allahabad High Court recently granted bail to a rape accused in view of the fact that the victim had not supported the prosecution's case during the trial and that she had been declared hostile.The Bench of Justice Sanjay Kumar Singh also issued direction to the trial court to take steps for a refund of the compensation paid to her and also, ensure compliance of Section 344 CrPC...

Conduct Of Judges Noted & Observed, Must Not Act In Any Manner Which Gives Rise To Slightest Of Doubt In Minds Of Lawyers & Litigants: Delhi HC

The Delhi High Court has said that judges must not act in any manner which gives rise to slightest of doubt in the minds of lawyers and litigants as their conduct is noted and observed by the litigants. Justice Dinesh Kumar Sharma made the said observation while expressing displeasure over the conduct of a Family judge who had shared his personal mobile number with both the parties and...

Domestic Violence Cases | Undertaking Mediation Is Not Protection Officers' Domain: J&K&L High Court Issues Guidelines

High Court of Jammu and Kashmir and Ladakh, last week, while framing guidelines pertaining to 'protection officer' in Domestic Violence cases said, "It shall neither be the duty of the Protection Officer nor his/her domain to undertake any mediation/conciliation once a Magistrate is seized of a domestic violence case."The Court said the protection officer is under statutory duty to assist...

Mere Small Distance No Reason To Transfer Matrimonial Suit, Wife Can Instruct Her Counsel Whenever Her Presence Is Not Essential: Punjab & Haryana HC

The Punjab and Haryana High Court while dealing with a transfer petition invoking Section 24 of CrPC filed by the wife seeking transfer of matrimonial petition u/s 9 of the Hindu Marriage Act, held that the distance of sixty kilometers between Bathinda and Faridkot is small, hence it is not an overwhelming reason for this Court to order the transfer of the matter. The applicant wife...

Just Because The Ratio For Payment Of Service Tax Not Adhered To, Assessee Not Liable To Pay Double Tax As Penalty: Karnataka High Court

The Karnataka High Court has ruled that merely because the ratio in which service tax was required to be paid by the service recipient and the service provider was not strictly adhered to, the assessee cannot be made liable to pay double tax by denying him the CENVAT Credit. The Bench, consisting of Justices S. Sujatha and Shivashankar Amarannavar, held that the reverse charge...

Centre Says K-Rail SilverLine Not Yet Sanctioned, State Informs Kerala High Court Project Has In-Principle Permission

The Railway Board on Thursday informed the Kerala High Court that sufficient details of the technical feasibility of the K-Rail Silverline were not available in the detailed project report (DPR) submitted by the State Railway Development Corporation Ltd.Justice Devan Ramachandran was also informed that the Railways had not concurred with the social impact assessment (SIA) study...