Punjab & Haryana High Court Imposes ₹3 Lakh Cost On Litigant For Filing Frivolous Contempt Plea

The Punjab and Haryana High Court has dismissed a contempt petition alleging non-compliance with its earlier directions, holding that the plea was frivolous, vexatious and a gross abuse of the process of law, and imposed exemplary costs of ₹3,00,000 on the petitioner, payable to the official respondents.At the outset, the Court warned the petitioner—who appeared in person—that costs of ₹1,00,000 would be imposed if the contempt petition was found to be frivolous. In response, the petitioner...

'Seriousness Of Offence No Ground To Cancel Pre-Arrest Bail': P&H High Court Refuses To Cancel Bail In Fake ED Raid & Extortion Case

The Punjab & Haryana High Court has said that seriousness of offence cannot justify transfer of a criminal trial, reiterating that the power of transfer under Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 408 CrPC) must be exercised sparingly and only in exceptional circumstances.The Court refused to cancel pre-arrest bail of a man accused of posing as ED officer in order to extort money.Justice Sumeet Goel noted that, "no material has been placed on...

Granting Extension For Filling Challan In Absence Of Accused Violates Article 21: Punjab & Haryana High Court Sets Aside Order

The Punjab and Haryana High Court has held that granting extension of time to file a chargesheet under the NDPS Act without producing the accused or giving them an opportunity of hearing is a gross illegality, as it deprives the accused of their indefeasible right to default bail and violates Article 21 of the Constitution.The Court accordingly quashed an order passed by the Special Court, Gurdaspur, which had extended the time for filing the challan and rejected the accused persons' plea for...

Family Pension Can't Be Deducted While Calculating Motor Accident Compensation: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that family pension received by the widow of a deceased cannot be deducted while computing loss of dependency under the Motor Vehicles Act, 1988.Justice Sudeepti Sharma referring to Mrs. Helen C. Rebello & Ors. v. Maharashtra State Road Transport Corpn. & Anr.[ AIR, 1998 SC 3191], the Court reiterated that, "family pension is also earned by...

'Age Gap Between Boy & Girl Significant Factor Which Law Didn't Address': P&H High Court Suspends Sentence Of Minor Convicted Under POCSO

The Punjab and Haryana High Court has suspended the sentence of a convict sentenced to 20 years' imprisonment under Section 4(2) of the POCSO Act, noting that both the accused and the victim were minors at the time of the incident, the age gap between them was minimal, and the appeal is not likely to be heard in the near future.A division bench of Justice Anoop Chitkara and Justice...

Appointment Letter For Police Recruitment Can't Be Rescinded Over Non-Disclosure Of FIR Cancelled Before Application: P&H High Court

The Punjab and Haryana High Court has set aside the cancellation of appointment of a Haryana Police constable whose candidature was terminated for allegedly not disclosing an FIR that had already been cancelled by the trial court prior to submission of the application and attestation form.Justice Jagmohan Bansal referring to Punjab Police Rules (as applicable to Haryana) said, "There is no...

Punjab & Haryana High Court Asks Centre To Expeditiously Clear Punjab Mental Health Act Rules

The Punjab & Haryana High Court has directed the Central Government to ensure that the approval process for Punjab Mental Health Act Rules is completed as expeditiously as possible, preferably within a period of six weeks. The Court further expected the State of Punjab to actively expedite and assist the Central Government in the approval process.A bench of Chief Justice Sheel Nagu...

Anticipatory Bail Granted On Settlement Can Be Cancelled If Compromise Is Breached: P&H High Court

Holding that an accused cannot secure anticipatory bail on the strength of a compromise and later resile from solemn undertakings made to the Court, the High Court has recalled an anticipatory bail order granted in 2022, observing that such conduct amounts to misuse of judicial leniency and breach of judicial trust.Justice Sumeet Goel said, "This Court takes judicial notice of a burgeoning...

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...

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...

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...