Punjab and Haryana High Court
MV Act | Tribunal Should Not Dismiss Application For Compensation Merely For Non-Joinder Of Party: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear that motor accident claims under the Motor Vehicle Act (MV Act) cannot be dismissed for non-joiner of parties.While setting aside the order of Motor Vehicle Tribunal, the Court noted that the claim was rejected, "only because the mother was not impleaded as party."Justice Sudeepti Sharma said, "Learned Claim Tribunal while deciding the claim petition adjudicated upon the petition like a trial where principles of Code of Civil Procedure are...
High Court Seeks Response From Union Govt, Chandigarh Municipal Corp On Plea To Implement Prevention Of Animal Cruelty Act At Dairy Farms
The Punjab and Haryana High Court today sought response from the Union and State government in PIL seeking implementation of Prevention of Cruelty to Animals Act, 1960 (Resignation of Cattle Premises, Rules 1978) in dairy farms of Chandigarh as well as neighbouring villages.Acting Chief Justice G.S. Sandhwalia and Justice Lapita Banerji issued notice to Union of India, Ministry of Department of Fisheries, Municipal Corporation of Chandigarh and other authorities.Some residents of Chandigarh have...
S.36A(4) NDPS Act | Public Prosecutor Not Part Of Investigating Agency, Expected To Apply Mind For Seeking Extension: Punjab & Haryana HC Reiterates
The Punjab and Haryana High Court has granted default bail to an accused in a drugs case whose plea was rejected by the Trial Court which granted an extension to the investigating agency to probe the matter.The Court noted that the Public Prosecutor (PP) did not submit an independent report seeking time for investigating the case, which is a mandatory provision under Section 36A (4) of the NDPS Act.According to Section 36A (4) of the NDPS Act, in an offence involving commercial quantity, if it...
Are Writ Petitions Under Article 226 Maintainable Against Army Welfare Education Society Or Army Public Schools? Punjab & Haryana HC Refers To Larger Bench
The Punjab & Haryana High Court has referred the issue of whether a writ petition under Article 226 of the constitution would be maintainable against the Army Welfare Society or against the Army Public School, to the larger bench.Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "The language of the Article 226 of the Constitution of India empowers the High Court to issue a writ, order or direction to any person or authority, including any Government for the enforcement of any...
[Snake Venom Case] P&H High Court Directs State To Provide Security To Animal Rights Activists Who Filed FIR Against YouTuber Elvish Yadav When They Appear In Court
The Punjab & Haryana High Court has directed police to provide adequate security to the animal rights activists who recorded a viral video of YouTube Elvish Yadav and filed an FIR against him for using Snake Venom as drugs, whenever they appear before Gurugram Court.Yadav was recently arrested for allegedly procuring and selling snake venom at rave parties. He was reportedly booked under...
Can Partial Compromise Be Ground For Quashing FIR? Punjab & Haryana High Court Refers Matter To Larger Bench
Observing that "there is no explicit guidelines governing the issue", the Punjab and Haryana High Court has referred the matter of quashing of FIR on the basis of "partial compromise" to the larger bench.Justice Kuldeep Tiwari framed the following issues for adjudication to a Larger Bench of the High Court:-“(i) Whether, bearing in mind the repercussions attached to partial quashing of FIR,...
Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and...
Haryana Govt Appoints Judicial Officers As Additional District & Sessions Judges After High Court's Direction In Contempt Plea
After facing Punjab & Haryana High Court's wrath the Haryana government accepted the High Court's recommendation to promote 13 judicial officers as District and Session Judges. In a contempt plea filed by five judicial officers the State government submitted a compliance report with High Court's direction.In December 2023, the High Court directed the Haryana Government to give...
POCSO Act Prevails Over Muslim Law: Punjab & Haryana High Court Denies Pre-Arrest Bail To Man Accused Of Kidnapping Minor Wife
Rejecting the contention that the man had married under the Muslim Personal Law, the Punjab & Haryana High Court has denied anticipatory bail for allegedly kidnapping his minor wife.Justice Harpreet Kaur Jeewan said, "Protection of Children from the Sexual Offence Act, 2012, has been enacted which is a self contained comprehensive legislation inter alia to provide for protection of...
[Cyber Crimes] Investigators Not Well Skilled, Delay In Investigation Can't Be Held Against Them: Punjab & Haryana High Court
The Punjab & Haryana High Court has observed that cybercrime is an emerging field, and even investigators lack the necessary skills and educational qualifications. Therefore, if an investigation takes longer than usual, it cannot be considered a" deliberate attempt" to delay the investigation.A pre-arrest bail was filed in a cyber crime case wherein the petitioner was accused of providing...
Mahendragarh School Bus Accident: Contempt Plea Filed In Punjab & Haryana High Court To Punish Top Officials For Disobeying Safety Guidelines
A contempt petition has been filed against top officials of Haryana for allegedly disobeying the Court's order on implementation of policy for the safety of school children, Surkashit School Vahan Policy.On April 11, in a dreadful accident, 6 students died in Haryana's Mahendragarh when the school bus driver, who was allegedly drunk, rammed the bus into a tree.The plea filed by Bal Kranti...
'Right To Trade Of Liquor Not Fundamental Right': P&H High Court Dismisses Plea Challenging Punjab Excise Policy 2024-25
Observing that the "right to trade of liquor is not a fundamental right", the Punjab & Haryana High Court has dismissed the plea challenging Punjab Excise Policy 2024-2025's Clauses.It was argued that as per the Excise Policy for the year 2024-2025, the application fee for the liquor vends has been increased to 75,000 which shall be non-refundable, which is unjustified as allotment of...