Ex-Serviceman Re-Employed On Contractual Basis Not Entitled To Civil Pension: Punjab & Haryana High Court

Dismissing a writ petition filed by an ex-serviceman seeking pensionary benefits for his civil re-employment, the High Court has held that pension cannot be claimed merely on the basis of long duration of service, unless the appointment is substantive, permanent, and governed by rules providing for pension.Justice Harpreet Singh Brar said, "Since the very inception, the petitioner was well aware of the fact that he was a temporary employee whose services could be terminated at any point of time....

Motor Accident Compensation Can Be Enhanced Even In Insurer's Appeal; Fair Compensation Is Paramount: Punjab & Haryana High Court

Dismissing an appeal filed by the insurance company against a motor accident compensation award, the Punjab & Haryana High Court has reiterated that courts exercising jurisdiction under the Motor Vehicles Act are duty-bound to award just and fair compensation, even if it results in enhancement of the award in the absence of any cross-objection or cross-appeal by the claimants.Justice Sudeepti Sharma said, "this Court can award just and reasonable compensation by enhancing the amount of...

Pay Fixation Claim Raised Decades Later After Retirement Barred By Delay & Laches: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed a plea seeking refixation of pay and consequential retiral benefits, holding that a claim raised decades after the alleged cause of action and nearly seven years after retirement is barred by delay and laches.Justice Harpreet Singh Brar noted, "the petitioner has approached this Court after a considerable lapse of time. The alleged wrong...

Mere Allegation Of Influence Of Local Lawyer No Ground For Transfer Of Case: Punjab & Haryana High Court

While dismissing a plea for transfer of case from one district to another, the Punjab & Haryana High Court made it clear that the applicant has to pin point the circumstances, under which, he gathers impression that justice will not be done, mere apprehension against a lawyer is not sufficient.The transfer plea was filed on the ground that respondent is a local advocate in the same...

'Monarchical' Exercise Of Power Has No Place In Constitutional Governance: P&H High Court Slams Arbitrary Cancellation Of Confirmed Auction

Observing that unreasoned, cryptic orders reflect a “lingering hangover of monarchical practices” incompatible with constitutional governance, the Punjab and Haryana High Court has dismissed a Second Appeal filed by the Punjab Government, holding that cancellation of a confirmed public auction by a one-word order without notice or hearing is arbitrary, unconstitutional and violative...

Consensual Relationship Turning Sour Can't Be Treated As Rape: Punjab & Haryana High Court Quashes FIR

The Punjab and Haryana High Court has quashed an FIR registered under Sections 376 (rape) and 420 (cheating) IPC, holding that a failed consensual relationship, which does not culminate in marriage due to temperamental differences, cannot be converted into a criminal prosecution.Justice Alok Jain said, "the present FIR seems to be an abuse of process of law, as it is apparent that both...

Advocate Accused Of Demanding ₹30 Lakh Bribe To Influence Judicial Officer Not Entitled To Bail: Punjab & Haryana High Court

The Punjab and Haryana High Court has dismissed a regular bail plea filed by an Advocate accused of demanding illegal gratification of ₹30 lakh for allegedly influencing a judicial officer to secure a favourable order in a divorce case, holding that the allegations strike at the very foundation of the justice delivery system and warrant a cautious approach.Justice Sumeet Goel said, "In...

'Blatant Loot & Plunder Of Natural Resources': P&H High Court Flags Illegal Mining In Aravalli Hills, Seeks Chief Secy's Affidavit

The Punjab and Haryana High Court has expressed grave concern over large-scale illegal mining in Village Pichopa Kalan, District Charkhi Dadri, observing that the matter has far-reaching ramifications for ecology, environment and public interest, going well beyond the inter se disputes between private parties.Justice Ashwani Kumar Mishra and Justice Rohit Kapoor perusing the drone survey...

Unfavourable Orders Can't Become Basis For Transfer Of Trial, Courts Must Curb Forum Hunting: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that, "judicial error is not synonymous with judicial partiality and hence mere passing of an unfavourable order, or even an order subsequently set aside by a superior Court, does not ipso facto establish a foundation for bias or prejudice."Justice Sumeet Goel said, "Litigants often misinterpret an adverse or unfavourable judicial order as...

Similarity In Wrong Answers Or Regional Concentration Of Successful Candidates Not Proof Of Exam Scam: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed a plea seeking cancellation of the entire recruitment process conducted pursuant to Advertisement Haryana Senior Assistant-cum-Inspector, holding that mere similarity in incorrect answers, regional concentration of successful candidates, or post-result dissatisfaction of unsuccessful candidates cannot justify quashing a recruitment process in...

Printing Orders On Same Sheet To Avoid Paper Waste Is Commendable: Punjab & Haryana High Court Applauds Trial Court Judge

The Punjab & Haryana High Court has appreciated the efforts of a Session Judge in avoiding needless waste of paper by ensuring that judicial orders passed in a case were printed on the same sheet, wherever possible.Justice Neerja K. Kalson said, "Before parting with this order, this Court appreciates the fact that as is evident from the orders placed on record, every precaution has been...

Punjab & Haryana High Court Sets Aside Juvenile's Bail In Murder Case, Notes Criminal Background Of Parents

The Punjab and Haryana High Court has set aside an order granting regular bail to a juvenile accused in a murder case, holding that bail under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015 can be denied where release exposes the child to association with known criminals, moral, physical or psychological danger, or defeats the ends of justice.Justice Vinod...