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Punjab & Haryana High Court Annual Digest 2022 [Citations 1 - 335]
Drishti Yadav
11 Jan 2023 8:04 AM GMT
![Punjab & Haryana High Court Annual Digest 2022 [Citations 1 - 335]](https://www.livelaw.in/h-upload/2023/01/11/750x450_453309-punjab-haryana-high-court-annual-digest-2022.webp "Punjab & Haryana High Court Annual Digest 2022 [Citations 1 - 335]")
Citations 1 To 335:1. MCQ Exams- "Question Having No 'Most Appropriate Answer' Is Incapable Of Being Asked, Needs To Be Deleted": P&H High CourtCase title: Lovepreet Singh v. Haryana Public Service Commission and anotherCitation: 2022 LiveLaw (P&H) 1The Punjab and Haryana High Court has recently observed that in a Multiple-Choice Question (MCQ) based examinations, a question which has...
Citations 1 To 335:
Case title: Lovepreet Singh v. Haryana Public Service Commission and another
Citation: 2022 LiveLaw (P&H) 1
The Punjab and Haryana High Court has recently observed that in a Multiple-Choice Question (MCQ) based examinations, a question which has no single, unique or 'most appropriate answer' (i.e., suspect question) becomes incapable of being asked. It further held that a suspect question in an MCQ based examination needs to be deleted so that no student gets advantage, or is denied advantage, because of evaluation of such questions.
Case title: Amarjeet Singh @ Amar Singh v. National Investigation Agency
Case Citation: 2022 LiveLaw (PH) 2
The Punjab and Haryana High Court today granted bail to an accused in the 2019 Tarn Taran Bomb Blast case as it recorded that the accusation against him is not prima facie true and therefore, he is entitled to the benefit of regular bail during the pendency of the trial in the case.
Case Title: Mahidul Sheikh Vs. State of Haryana
Citation: 2022 LiveLaw (PH) 3
The likelihood of an accused to attend the Court will increase if the accused knows that their money is safe and accruing interest and thus, fixed deposits or electronic transfer or creating lien over the bank, instead of cash or sureties as conditions for bail are better mediums to ensure that the accused does not flout Court's Order. A single judge bench of Punjab and Haryana High Court, presided by Justice Anoop Chitkara has further observed that the advancement in technology has obsoleted the identification through sureties and keeping in mind the menace of securing sureties by payment, substituting surety with fixed deposit/bank transfer/lien will also help in addressing the unethical practices taking place through a corrupt system of unscrupulous stock sureties.
Case Title: Sukhwinder Kaur @ Rajvir Kaur v. State of Punjab
Citation: 2022 LiveLaw (PH) 4
The Punjab and Haryana High Court has recently held that filing of a supplementary Challan under Section 173 of CrPC cannot be deferred merely because an anticipatory bail application is pending. Such filing should not be deferred for long periods and whenever the same is deferred, specific and genuine reasons must be present for this, it said.
Case Title: Sahil v. State of Haryana
Citation: 2022 LiveLaw (PH) 5
If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied to him. A single-judge bench of Punjab and Haryana High Court presided over by Justice Anoop Chitkara has recently observed that if the accused is a first-time offender and if his co-accused who were similarly placed, have been granted bail, even though the role of co-accused in the offence was more serious than that of the accused, then accused's bail application should be accepted and the accused should be given a chance for grant of bail.
Case title - Mun Mun Dutta v. State of Haryana
Citation- 2022 LiveLaw (PH) 6
The Punjab and Haryana High Court today dismissed (as withdrawn) the anticipatory bail plea filed by actor Munmun Dutta (best known for her portrayal of Babita Iyer in the popular Hindi serial Taarak Mehta Ka Ooltah Chashmah) over 'Bhangi' remark, a casteist slur, allegedly made by her in a video posted in social media. The was hearing her plea filed under Section 438 Cr.P.C. seeking anticipatory bail in May 2021 FIR (at Hansi) under Section 3(1)(u) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Case title - Sukhchain Singh @ Chaini v. State of Punjab Case
Citation: 2022 LiveLaw (PH) 7
The Punjab and Haryana High Court recently called into question a bail order passed by the Addl. Sessions Judge, Faridkot, treating a regular bail petition as an anticipatory bail petition, even when the accused had been in the custody at the time of filing the bail plea. Calling it a matter of 'serious concern', the Bench of Justice Jasgurpreet Singh Puri also sent the case file to the concerned Administrative Judge of District Faridkot for information and further necessary action, if so required, in accordance with the law.
Case Title: Gurmail Singh v. State of Punjab and another
Case citation: 2022 LiveLaw (PH) 8
The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC.
Case title - Bikram Singh Majithia Vs. State Of Punjab
Citation- 2022 LiveLaw (PH) 9
The Punjab and Haryana High Court today dismissed the anticipatory bail plea of Akali Dal leader Bikram Singh Majithia filed in connection with a Drugs case registered against him. Last week, the Bench of Justice Lisa Gill had reluctantly inclined to adjourn the hearing on his bail plea and had extended his interim protection from arrest till January 24 (today) since his Counsel, R.S. Cheema, Senior Advocate had contracted COVID-19 and a request for an adjournment was made before the bench.
Case title - Narendra Singh V. State Of Haryana
Case Citation: 2022 LiveLaw (PH) 10
Stressing that law acknowledges a woman's right to have a sexual relationship, the Punjab and Haryana High Court has recently observed that the consent given during prior sexual acts won't extend to future occasions.
Case Title: Ramprastha Promoters And Developers Pvt. Ltd. v. Union Of India and Ors.
Citation: 2022 LiveLaw (PH) 11
Mere hardship in making pre-deposits which include diverting funds is not an arduous circumstance in any manner and does not necessitate waiver of a statutory mandate, the Punjab and Haryana High Court has held.
Case title - Sukhpal Singh Khaira v. Assistant Director, Directorate of Enforcement
Case Citation: 2022 LiveLaw (PH) 12
The Punjab and Haryana High Court on Thursday granted bail to former Punjab MLA and Congress leader, Sukhpal Singh Khaira in connection with a money laundering case, registered against him in January 2021 on account of his alleged involvement in the smuggling of heroin, gold, and, illegal weapons. The Bench of Justice Sureshwar Thakur was of the opinion that at this stage, it can't be concluded that the Khaira has committed the offence under the PML Act.
Case Title: Maam Gujjar @ Maam Hussain v. State of Punjab
Citation: 2022 LiveLaw (PH) 13
If there is no prima facie case against the wife and no dying declaration or suicide note alleging the same, just the fact that she is allegedly a woman of easy character is not indicative of the wife abetting and inciting suicide of her husband, the Punjab and Haryana High Court has held.
Case title - Sandeep Kumar v. State of Punjab and connected matters
Case Citation: 2022 LiveLaw (PH) 14
While allowing bail plea filed in connection with a drugs case, the Punjab and Haryana High Court recently rapped the Punjab Police for their "callously casual approach" towards their official duty even when the drug menace has become a deep-rooted in the state of Punjab. The Bench of Justice Meenakshi I. Mehta made this observation as it noted that in the Status reports/Reply filed in the bail pleas, the police officers, without realizing the repercussions and consequent legal implications, mentioned the tablets, allegedly recovered from the accused, as 'CLAVIDOL-100 SR' tablets. However, in some paras, the tablets were described as 'CLOVIDOL-100 SR'.
Case Title: Jagir Singh @ Sukha @ Pamma v. State of Punjab and another
Citation: 2022 LiveLaw (PH) 15
High Courts can exercise powers under Section 482 of CrPC to quash proceedings in non-compoundable offences, the Punjab and Haryana High Court has held. Although compounding of offences is governed under Section 320 of CrPC and non-compoundable offences are not covered in that Section, this limited jurisdiction of compounding an offence within is not an embargo against invoking inherent powers of High Court vested in it by Section 482 of CrPC to prevent abuse of law and to secure ends of justice, it is held.
Case title: Mamta Giri v. State of UT Chandigarh
Citation: 2022 LiveLaw (PH) 16
If the offence committed is punishable with less than seven years, is a bailable, non-heinous offence and the accused who is a first-time offender, has established a fair ground for not being present in court, to the court's satisfaction, then just the fact that accused has been a proclaimed offender will not bar him/her from availing the benefit of Anticipatory Bail under S. 438 of CrPC, the Punjab and Haryana High Court has held.
Case title - Dr. Aparna Singhal v. State of Haryana and another
Citation: 2022 LiveLaw (PH) 17
The Punjab and Haryana High Court has observed that an FIR regarding an offence under the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 [PCPNDT Act] can be lodged and investigation can be undertaken by the Police, however, cognizance of the offence can be taken by the Court only on the complaint made by the Appropriate Authority as per Section 28 of the Act.
Case: Narinder Singh & another v. State of Punjab and another
Citation: 2022 LiveLaw (PH) 18
High Courts are empowered under Section 482 of CrPC to quash FIR and further criminal proceedings, even for non-compoundable offences, if a compromise has been reached and the matter is personal. However, to seek such quashing, the compromise deed must not have inconsistencies and must state clear and specific reasons for the compromise, Punjab and Haryana High Court has held.
Case: Sanjay v. State of Haryana
Citation: 2022 LiveLaw (PH) 19
Stating that statutorily, there exists no prohibition on child witnesses to depose in criminal or civil cases, except when the child does not understand the questions put to them, the Punjab and Haryana High Court has observed that when a child fully understands the questions and can provide answers regarding the same, rationally, then the testimony of a child witness can be the sole reason for conviction.
Case: Managing Committee, Goswami Ganesh Dutt Sanatan Dharam College, Palwal & Others v. Sabir Hussain & others
Citation: 2022 LiveLaw (PH) 20
An employee cannot seek protection against the dispensation of services if he has attained the employment by fraud, giving forged documents, and misleading the hiring committee, specifically when his employment was offered to him based on such forged documents and he had also been afforded ample opportunity to make his case, Punjab and Haryana High Court has held.
Case title - Neha v. State of Haryana & another
Case citation: 2022 LiveLaw (PH) 21
In a significant ruling, the Punjab and Haryana High Court has observed that the right of a convict to have conjugal relations is not an absolute one and is subject to 'reasonable restrictions', 'social order', 'security concerns', 'good behavior' in the jail, etc.
Case: Joginder Singh S/o Jai Singh v. the State of Haryana
Citation: 2022 LiveLaw (PH) 22
The Punjab and Haryana High Court has held that default bail to an accused charged under NDPS Act cannot be denied on the pretext of investigation not being complete within the stipulated period of 180 days, unless the Public Prosecutor, after he has independently applied his mind, files a report disclosing justification for keeping the accused in further custody to enable the investigating agency to complete the investigation.
Case Title: D.N. Asija and others v. Union of India and others
Citation: 2022 LiveLaw (PH) 23
The Punjab and Haryana High Court has directed the Central Government to resolve the anomalies that crept in the defence pay scale with the implementation of 6th Central Pay Commission.
Case title - Yuvraj Singh v. State of Haryana and another
Case Citation: 2022 LiveLaw (PH) 24
The Punjab and Haryana High Court on Thursday granted partial relief to Cricketer Yuvraj Singh in a case registered against him for his alleged casteist remark 'Bhangi'. Partly allowing his quashing plea, the Court has quashed Sections 153-A and 153-B of the IPC in the FIR against him. The Bench of Justice Amol Rattan Singh has however clarified that the case/probe against him for an offence under Section 3 (1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 shall proceed as per the law.
25. "Punjab Was Once A Prosperous State But Is Now At The Brink Of Drug-Trafficking": P&H High Court
Case title - Harbhajan Singh @ Bhajja v. State of Punjab
Case citation: 2022 LiveLaw (PH) 25
"The State of Punjab which was known as one of the prosperous States is now at the brink of drug trafficking," observed the Punjab and Haryana High Court while denying bail to an NDPS Accused.
Case title - Nanu Kumar v. State Of Haryana and Others
Case Citation: 2022 LiveLaw (PH) 26
The Punjab and Haryana High Court refused to quash an FIR filed against a man who has been booked for allegedly making remarks against Lord Shri Krishna on the holy festival of Shri Krishna Janamashtami and for putting out obscene pictures publicly observing that the alleged offence was an offence against the society at large and it was not a case of a private offence as in the instant case, society at large was affected by the alleged offence.
Case title - D.N. Asija and others v. Union of India and others
Case citation: 2022 LiveLaw (PH) 27
The Punjab and Haryana High Court has asked the Central Government to take appropriate steps in removing pay anomaly while noting that it is adversely impacting and affecting the morale of the Defence Forces.
The Bench of Justice Fateh Deep Singh observed thus on a petition moved by Maj Gen D. N. Asija over Retiral and pension benefit complaining of pay anomaly submitting that people of ranks of Major General and above are getting lower pay/pension benefits than their juniors.
28. Bhangi Remark: Punjab & Haryana High Court Refuses To Quash FIR Against Yuvraj Singh
Case: Yuvraj Singh v. State of Haryana & Ors.
Citation: 2022 LiveLaw (PH) 28
Punjab and Haryana High Court has rejected the petition seeking quashing of FIR against the cricketer Yuvraj Singh, in Hansi, Haryana for using the word 'Bhangi' during an Instagram live.
Singh was booked for alleged commission of offences under S.153A and S.153B of IPC and S.3(1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Justice Amol Rattan Singh observed that the offences punishable under Sections 153-A and 153-B of the IPC are not found to be committed by Singh even prima facie. However, regarding whether the offences under S.3(1)(u) and S.3(1)(s) of the SC&ST (Prevention of Atrocities Act), 1989 had been committed, it held that the investigation agency must complete its investigation and must come to its own conclusion.
Case title - Aseem Gaind v. Axis Bank, Retail Assets Centre
Case Citation: 2022 LiveLaw (PH) 29
The Punjab and Haryana High Court has observed that the High Court has the power to grant an extension of time for completion of the loan repayment under the OTS (One Time Settlement) Scheme, however, such power can't be invoked at the instance of the borrower as a matter of right. The bench of Justice M. S. Ramachandra Rao and Justice J. S. Bedi also held that it is not open for the Public Sector Banks or Private Sector Banks to decline OTS sought by a borrower, provided he/she falls within the OTS Policy being followed by the Bank.
Case title - Arti Devi v. UT Chandigarh & others
Case Citation: 2022 LiveLaw (PH) 30
The Punjab and Haryana High Court recently clarified that a government Hospital can't deny treatment to someone on the ground that he/she is not a resident of the area where the hospital is located.
Case: Harbhajan Sandhu v. State of Punjab and Anr.
Citation: 2022 LiveLaw (PH) 31
The ingredients of abetment must be fulfilled to establish the abetment of suicide under Section 306 of IPC and merely a suicide note with the name of the accused shall not suffice for the same, Punjab and Haryana High Court has held.
Justice Jasjit Singh Bedi has held that in addition to there being a requirement of mens rea pointing to instigation by the accused to goad the deceased into committing suicide, there must be a proximate and live link present between such abetment and the consequent suicide, to establish the offence of abetment to suicide under S.306 of IPC.
Case title - Jai Nrain and another v. State of Punjab and others
Case Citation: 2022 LiveLaw (PH) 32
While granting police protection to a live-in relationship couple, the Punjab and Haryana High Court last week observed that there is a need to shift perspective from didactics of the orthodox society, shackled with the strong strings of morality supported by religions to one that values an individual's life above all.
The Bench of Justice Anoop Chitkara observed thus while hearing a protection plea filed by one Jai Nrain and his Live-In Partner, a married woman, who had moved the Court fearing for their lives and liberty at the hands of the private respondents.
Case title - Ankit And Others v. State Of Haryana
Case Citation: 2022 LiveLaw (PH) 33
In a significant observation and widening the scope of Section 377 of IPC (Unnatural offences), the Punjab and Haryana High Court has held that this offence is attracted even in a situation where the penetration happens to be on any other part of the body of a victim (other than Vagina) with sexual intent.
Case Title: Vijay Mamgain Vs State of Haryana
Citation: 2022 LiveLaw (PH) 34
The Punjab and Haryana High Court has held that the owner of the vehicle who is seeking only release of the vehicle is not liable to pay fine for the confiscated goods.
The division bench of Justice Ajay Tewari and Pankaj Jain has observed that to force the owner of the vehicle to pay the tax, penalty and fine on the goods would mean that the owner of the vehicle is also foisted with the vicarious liability of any mis-declaration/fraud by the owner of the goods despite the proviso engrafted on to Sub Section 2 of Section 130 of the CGST Act.
Case Title: Vineet vs State Of Haryana
Citation: 2022 LiveLaw (PH) 35
The Punjab and Haryana High Court has held that even though 'motive' bears significance in cases of circumstantial evidences, however, failure to prove the same may not necessarily be fatal to the prosecution case if otherwise the chain of circumstances linking the accused with the alleged crime stands established.
36. VAT ITC Can Be Availed On Evaporation Loss Of Petrol, HSD: Punjab and Haryana High Court
Case Title: Excise and Taxation Commissioner, Haryana Versus M/s Gupta Brother, Bhiwani and another
Citation: 2022 LiveLaw (PH) 36
The Punjab and Haryana High Court bench consisting of Justice Ajay Tewari, Justice Avnish Jhingan and Justice Pankaj Jain has ruled that the Input Tax Credit (ITC) under the Value Added Tax can be availed on the evaporation loss of petrol and High Speed Diesel (HSD).
Case Title: M/s Raghav Metals Versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 37
The Punjab and Haryana High Court bench of Justice Ajay Tewari and Justice Pankaj Jain has held that the intention to evade tax must be directly connected to the activity of the trader.
Case Title: Shriram Housing Finance Limited v. State of Haryana and others.
Citation: 2022 LiveLaw (PH) 38
Punjab and Haryana High Court on March 14, 2022, answered various significant questions regarding Section 14 of the SARFAESI Act.
The court had an occasion to discuss the scope of jurisdiction of the district magistrate to review, recall or modify an order passed under Sec.14 of the SARFAESI Act, 2002. Along with that, the court also delved into the issue of non-enforcement of the order when the husband and daughter of the deceased borrower were absent as parties in the application under Section 14 of the SARFAESI Act.
The Division Bench comprising Justice Ramachandra Rao and Justice H.S. Madaan held that a District Magistrate, after passing an order under Sec.14 of the SARFAESI Act,2002 has no jurisdiction to review or recall it.
Case title - Sudhir Kumar v. Padam Singh
Case Citation: 2022 LiveLaw (PH) 39
The Punjab and Haryana High Court recently upheld the view taken by the lower court that when signature over a cheque in question has not been specifically denied then there is no question for the appointment of a handwriting expert to compare the handwriting over the cheque in question.
Case Title : Savita V State Of Haryana
Citation: 2022 LiveLaw (PH) 40
Punjab and Haryana High Court on March 11, 2022, dismissed the plea for regular bail of the petitioner who is involved in a case of honour killing of the minor daughter. The bench of Justice Gurvinder Singh Gill rejected the bail plea of the petitioner and directed the Trial to be expedited.
Case title - Mr. Monishankar Hazra and another v. State of Haryana and others and a connected petition
Case Citation: 2022 LiveLaw (PH) 41
The Punjab and Haryana High Court has observed that in case an FIR with respect to an incident has already been registered, then a second FIR with respect to the same incident cannot be registered and in case, the same is registered then the High Court is well within its power to quash the second FIR.
Case title - Sandeep Kaur and another v. Union Territory, Chandigarh
Case citation: 2022 LiveLaw (PH) 42
The Punjab and Haryana High Court has recently clarified that Section 311A CrPC doesn't allow the Court to make an order directing a complainant or a victim to give specimen signatures or handwriting for the purposes of any investigation or proceedings under the Code.
Case title : State of Haryana v. Asman and another and connected matter
Case citation: 2022 LiveLaw (PH) 43
The Punjab and Haryana High Court last week observed that a sanction order (for prosecution) is a public document within the meaning of Section 74(1) (iii) of the Indian Evidence Act and therefore, the certified copy prepared of the same under Section 76/77 of the Evidence Act is admissible in evidence.
Case title - Smt. Ritu @ Ridhima & Anr. v. Sandeep Singh Sangwan
Case citation: 2022 LiveLaw (PH) 44
The Punjab and Haryana High Court recently observed that false assertions should be discouraged by parties while they come tot he Court seeking reliefs. The Court observed thus in connection with a case of a woman who hid her job details and her earnings in a maintenance plea filed by her under Section 125 of CrPC.
Case Title: Puran Chand Sharma v. State of Haryana
Citation: 2022 LiveLaw (PH) 45
A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.
Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for initiating departmental action.
Case Title: Commissioner Of Central Excise, Panchkula Versus M/S Riba Textiles Limited
Citation: 2022 LiveLaw (PH) 46
The Punjab and Haryana High Court has held that the revenue department cannot take the plea of transfer of jurisdiction due to GST regime against assessee's claim for refund of central excise duty and interest.
The Bench, consisting of Justices Ajay Tewari and Pankaj Jain, ruled that the Income Tax Act, 1961 and Central Excise Act, 1944 are pari materia and an assessee was entitled to interest on delayed refund of central excise duty in light of the Supreme Court ruling in Sandvik Asia Ltd versus CIT, Pune (2006).
Case Title : Amit Sureshmal Lodha v State of Haryana
Citation: 2022 LiveLaw (PH) 47
Punjab and Haryana High Court recently permitted an Overseas Indian citizen, booked for offences of Cheating and Criminal breach of trust by the Reawri Police, to visit the United States of America for a family reunion. The bench comprising Justice Vikas Bahl held that the petitioner has a fundamental right to travel abroad, which can be regulated by imposing certain conditions on him. It observed that the Court is required to "draw a balance" between the right of the petitioner to travel abroad on one hand and the right of the prosecution on another.
Case title - Shailabh Mendiratta v. State Of Haryana And Anr
Citation: 2022 LiveLaw (PH) 48
The Punjab and Haryana High Court recently quashed an FIR against a man who had been booked under Sections 386 [Extortion by putting a person in fear of death or grievous hurt] & 506 [Punishment for criminal intimidation] IPC for allegedly sending a WhatsApp message to the complainant using the term 'straight shooter' to extort money.
Case Title: Smt. Khazani Devi Versus The Presiding Officer, Industrial Tribunal-cum-Labour Court & others
Citation: 2022 LiveLaw (PH) 49
Punjab and Haryana High Court has reiterated that in the absence of any prescribed limitation, it has to be a reasonable time within which the party aggrieved has to approach the court.
Case title - Sunil Kumar Gulati v. State of Punjab and another
Case citation: 2022 LiveLaw (PH) 50
The Punjab and Haryana High Court has observed that at the stage of filing an application by the prosecution to obtain the voice sample of the accused for the purposes of further investigation, the production of a certificate under Section 65B(4) of the Evidence Act is not necessary.
Case Title: M/s Paras Ram Milkhi Ram versus Sudarshan Tea. Pvt. Ltd. and Another
Citation: 2022 LiveLaw (PH) 51
Punjab and Haryana High Court has made it clear that Summons by registered post acknowledgement due cannot directly be sent by the Court where the suit is instituted to a defendant residing outside its jurisdiction. The bench comprising Justice Alka Sarin held,
"where the defendant resides outside the jurisdiction of the Court in which the suit is instituted and the Court directs that summons on such a defendant be served by registered post acknowledgement due, such summons have to be first sent to the Court having jurisdiction where the defendant resides and that Court would thereupon proceed to serve the defendant as if the summons were issued by that Court."
Case title: Pt. B.D. Sharma University of Health and Sciences v Kavita and others
Case citation: 2022 LiveLaw (PH) 52
The Punjab and Haryana High Court has held that the plea of violation of principles of natural justice is not entitled to be accepted by the courts unless, it is shown in the facts and circumstances of a case that rights of a party have been prejudicially affected.
Case title - Aman Lohan and others v. State of Haryana and others
Case Citation: 2022 LiveLaw (PH) 53
The Punjab and Haryana High Court has ruled that heinous offences such as attempt to murder punishable under 307 IPC is not compoundable between parties merely by stating that they have entered into a compromise and want to live in brotherhood, peace, and harmony.
Case Title : Ravi Parkash Sharma v State of Punjab
Citation : 2022 LiveLaw (PH) 54
The Punjab and Haryana High Court has made it clear that directions to take voice sample of accused does not infringe his/her rights under Article 20(3) of the Constitution of India.
Case Title : Neelam Devi and another v State of Punjab and another
Citation : 2022 LiveLaw (PH) 55
Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of an FIR under Section 306 IPC on the basis of a compromise.
Case Title : Malkiat Singh v Kasturba Gandhi Memorial Trust & Another
Citation: 2022 LiveLaw (PH) 56
Punjab and Haryana High Court on March 28, 2022, dismissed the revision petition filed against the impugned order by holding that the same is free from any illegality, irregularity, infirmity, or perversity.
Case Title : Jagdev Singh and another v State of Punjab and another
Citation: 2022 LiveLaw (PH) 57
The Punjab and Haryana High Court recently quashed a FIR registered against the Petitioner-accused for allegedly causing hurt by dangerous weapons to the complainant-victim, which is a non-compoundable offence punishable under section 324 IPC, on the basis of a compromise between the parties.
Case title - Amandeep Kaur and another v. State of Punjab and others
Citation: 2022 LiveLaw (PH) 58
The Punjab and Haryana High Court on Tuesday dismissed a plea filed by a same-sex live-in couple seeking protection of their life and liberty on account of the fact that their family members are against their alliance and are extending threats to them that they would be falsely implicated in criminal cases.
Case title - Mohammad Asif v. Union of India and others
Citation: 2022 LiveLaw (PH) 59
The Punjab and Haryana High Court has sought the affidavits of two high officials of the Union Ministry of Home Affairs in connection with the matter of a Pakistani National who is currently in judicial custody and has already spent 2 years 9 months in Central Jail, Amritsar including an overstay of 1 year 9 months.
Case title - Paramjit Singh Saholi v. State of Haryana and others
Citation: 2022 LiveLaw (PH) 60
The Punjab and Haryana High Court on Thursday upheld the move of the Haryana Government to release Dera Sacha Sauda chief Gurmeet Ram Rahim Singh on Furlough (for a period of three weeks from February 7 to February 27).
Case Title : Dr. Anant Ram v. State of Haryana
Citation : 2022 LiveLaw (PH) 61
Punjab and Haryana High Court on April 02, 2022, dismissed a petition wherein the petitioner approached the court for quashing of FIR under Sections 23, 3(1), 3A, 4, 5(2), 6(b) of the PreConception and Pre Natal-Diagnostic Techniques Act, Sections 120-B/34 of IPC and all subsequent proceedings.
Case Title : Deva Singh v. Mohinder Singh and Other
Citation: 2022 LiveLaw (PH) 62
The Punjab and Haryana High Court has held that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order.
Case Title :Avtar Singh v. State of Punjab & Others
Citation: 2022 LiveLaw (PH) 63
The Punjab and Haryana High Court has held that employees appointed on contractual basis without any advertisement and contrary to the provisions of Articles 14 and 16 of the Constitution of India, do not have right to regularization.
Case title - Anil and another vs. State of Haryana
Case citation - 2022 LiveLaw (PH) 64
The Punjab and Haryana High Court has observed that the parameters laid down by the High Court in the Dharampal case [Dharampal vs. the State of Haryana, 1999 (4) RCR (Criminal) 600] for suspension of the sentence are only guidelines, and the same are not to be taken as an invariable rule.
Case title - Vikrant Singh v. State of Punjab and connected matters
Case Citation- 2022 LiveLaw (PH) 65
The Punjab and Haryana High Court has observed that without the transcript of the conversations exchanged between the co-accused, mere call details would not be considered to be corroborative material in absence of substantive material found against the accused in a case under Narcotic Drugs and Psychotropic Substances Act
66. Wife Bent Upon Destroying Husband's Career & Reputation Amounts To 'Mental Cruelty': Punjab And Haryana High Court
Case title - Devesh Yadav v. Smt. Meenal [FAO-M-208 of 2013]
Case Citation- 2022 LiveLaw (PH) 66
The Punjab and Haryana High Court recently observed that if the wife is bent upon destroying the career and reputation of her husband by making complaints against him to his senior officers, then it would amount to mental cruelty and the same would entitle the man to divorce.
Case Title: Bikram Singh VERSUS Charanjit Singh
Citation: 2022 LiveLaw (PH) 67
The Punjab and Haryana High Court has held that when there in an agreement to sell to the effect that possession has been delivered, stamp duty is leviable on such document.
Case Title: National India Insurance Co. Ltd. versus Smt. Fajari & Others
Citation: 2022 LiveLaw (PH) 68
The Punjab and Haryana High Court has held that an insurance company cannot be absolved from its liability from compensating the third party merely by claiming that the terms of insurance contract were breached as the vehicle insured was being driven by a person not holding a valid licence.
Case Title. : Noor Paul vs Union of India and others
Citation : 2022 LiveLaw (PH) 69
The Punjab and Haryana High Court has held that a Look Out Circular (LOC), which prevents one from travelling abroad, must be supplied to the person at the time of being stopped at the airport and that the reasons should be communicated to the affected party. The Court further stated that the person must be given an opportunity of post-decisional hearing against the LOC.
Case Title: Kishan Chand and others v State of Haryana and Others
Citation: 2022 LiveLaw (PH) 70
Punjab and Haryana High Court has held that any acquisition made by the government for public use cannot be disputed by landowner at the drop of the hat.
Case Title : Vikrant Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 71
The Punjab and Haryana High Court has held that mere call details would not be considered to be corroborative material in absence of substantive material found against the accused.
Case Title : Asha and others v. State of Punjab and another
Citation: 2022 LiveLaw (PH) 72
The Punjab and Haryana High Court recently granted bail to three women allegedly involved in a case of siphoning off approximately Rs. 31.5 crore from the State Exchequer, by creating bogus firms.
Case Title : Manpreet Kaur v. State Of Punjab And Ors.
Citation: 2022 LiveLaw (PH) 73
The Punjab and Haryana High Court has held that duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favour of other spouse, particularly when the case has been verified on all legal parameters.
Case Title : Ms Shree Bhagwati Road Lines and Another v. MS GBTL Limited and Others
Citation: 2022 LiveLaw (PH) 74
Punjab and Haryana High Court has reiterated that a plaintiff enjoys the status of dominus litis and thus, has every right to pursue his claim against anyone he thinks fit. Dominis litis means "master of the suit".
Case Title : Banwari Lal v. Mool Chand and Others
Citation: 2022 LiveLaw (PH) 75
Punjab and Haryana High Court has reiterated that parties are entitled to refund of court fees even in case of compromise entered into outside the Court.
Case Title : Gulafsha and another v. State of Punjab and others
Citation: 2022 LiveLaw (PH) 76
The Punjab and Haryana High Court has come to the rescue of a live-in couple, allegedly facing threat to their lives from their families.
77. High Courts Are Empowered To Extend The One Time Settlement Time Period: Punjab & Haryana High Court
Case Title: Amrik Singh vs DCB Bank Ltd. and Another, CWP-4631-2021.
Citation: 2022 LiveLaw (PH) 77
A Division Bench comprising of Justice M.S. Ramachandra Rao and Justice Jasjit Singh Bedi of the Punjab and Haryana High Court, in the matter of Amrik Singh v DCB Bank Ltd. and Anr., has held that the High Court, in the exercise of its powers under Article 226 of the Constitution of India, can grant an extension of time for completion of the payment under the One Time Settlement (OTS), if the guidelines given in the case of Anu Bhalla and another v District Magistrate, Pathankot, 2021 (1) RCR (Civil), are met. The order was passed on 06.04.2022.Case Title : Mohan Lal v. State of Haryana and Others
Case Title: Pappu Bawariya and Anr. v. District Collector Civil Station and Ors.
Citation: 2022 LiveLaw (PH) 78
Punjab and Haryana High Court on April 07, 2022, while dealing with a writ petition filed by the petitioner to quash an order denying her request for service benefits and compassionate appointment on account of her husband's death, the court held that a decision needs to be taken as expeditiously as possible since the petitioner and her four minor children continue to live in penury.
79. Person Not Being A Complainant Cannot Ask For Addition Of Offences In FIR: Punjab & Haryana High Court
Citation: 2022 LiveLaw (PH) 79
Punjab and Haryana High Court has held that a no-complainant cannot seek directions of addition of particular offences in a FIR lodged by another person.
Case Title : Swaran Kaur v. State of Punjab and others
Citation: 2022 LiveLaw (PH) 80
Punjab and Haryana High Court has held that entitlement for the grant of family pension to the dependent parents needs to be seen after the widow or the children loose their eligibility for the grant of the said benefit.
Case title - Rinky Rani v. Daljit Kumar
Case Citation: 2022 LiveLaw (PH) 81
The Punjab and Haryana High Court recently dismissed a plea filed by a woman who sought transfer of the matrimonial case to her home district as it observed that merely because the applicant is a wife, the Court should not be swayed by emotions tilting toward the fairer sex.
Case Title : Inam v. State Of Haryana
Citation: 2022 LiveLaw (PH) 82
Punjab and Haryana High Court has reiterated that anticipatory bail plea on behalf of a proclaimed offender is not maintainable.
Case Title: Yoginder Kumar Sud versus Thakur Rajiv Singh and Another
Citation: 2022 LiveLaw (PH) 83
Punjab and Haryana High Court on April 18, 2022, while dealing with a civil revision petition under Article 227 of the Constitution of India for setting aside an order passed by the Trial Court, held that once a suit for the permanent injunction was decreed the same cannot be declared nugatory by the Executing Court stating that the petitioner ought to file a suit for partition.
Case Title: Dainik Bhaskar Corporation Limited Versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 84
Punjab and Haryana High Court has held that whereas adjudicatory mechanism under the Working Journalists Act is intended to provide an opportunity of hearing to the employer qua the question of claim raised by the employee, the employer cannot claim any hearing before making of the reference by the appropriate government under Section 17(2) of the Act.
Case Title : Poonam Kalsi v. State Of Punjab And Others
Citation: 2022 LiveLaw (PH) 85
Punjab and Haryana High Court has dismissed a petition filed by the mother of a 3 year old, seeking issuance of a writ of habeas corpus to get the custody of the minor son from alleged illegal confinement of her husband and in-laws.
Case Title : Gram Panchayat Hansawas Khurd v. Dhan Singh and Others
Citation: 2022 LiveLaw (PH) 86
The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.
Case Title : Ravi alias Rabbu son of Radhey Shyam v. State of Haryana
Citation: 2022 LiveLaw (PH) 87
Punjab and Haryana High Court while dealing with a revision petition against the Trial Court's order rejecting the petitioner's application for declaring him a juvenile, held that a birth certificate issued by the competent authority must be given eminence, but it should not be shrouded by suspicious circumstances.
88. Parties Having Any Right, Title Or Interest In Disputed Property Are Necessary Parties For Granting/ Refusing Injunction: Punjab & Haryana High Court
Case Title : Sukhmeet Kaur & Another v. Harjinder Singh & Others
Citation: 2022 LiveLaw (PH) 88
Punjab and Haryana High Court while dealing with a revision petition against the order of the Trial Court allowing respondent No.1 to be impleaded as a defendant under Order 1 Rule 10 CPC, held that parties having a right, title or interest in the disputed property are necessary parties.
89. 'Question Of Credibility & Trust': Punjab & Haryana HC Says Employer Can't Be Compelled To Hire Employee Who Deliberately Suppresses Factum Of Arrest
Case Title : Abhishek Goyat v State of Haryana and another
Citation: 2022 LiveLaw (PH) 89
Punjab and Haryana High Court on April 25, 2022, while dealing with an appeal against the order of the Trial Court regarding the action of the respondents denying appointment to the petitioner for the post of Constable on the ground that he had suppressed material information regarding his arrest, reiterated that employer cannot be forced to continue with an employee who has made a false statement or has deliberately not disclosed the material facts.
Case Title: Vipul v. State of Punjab
Citation: 2022 LiveLaw (PH) 90
Punjab and Haryana High Court while dealing with a petition for seeking concession of regular bail in FIR registered under provisions of IPC and the Arms Act, held that taking into consideration, the role of the petitioner, the alleged recovery and the stage of investigation along with the period of actual custodial detention already undergone, it is appropriate to enlarge the petitioner on bail. The bench comprising Justice Vinod S. Bhardwaj held that the mere involvement of the petitioner in other cases cannot be the sole basis to keep him confined in perpetuity.
Even though the antecedents of an accused may be one amongst the relevant considerations while adjudicating a petition on merits for grant of bail, however, a mere involvement of the petitioner in other cases cannot be the sole basis to keep him confined in perpetuity.
Case Title: Kulwinder Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 91
The Punjab and Haryana High Court, while dealing with a case registered under provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO), held that, for an offense of sexual assault, final report would be complete on statement of the prosecutrix and FSL report can be used only to corroborate their version. The bench comprising Justice Suvir Sehgal held that based on the challan filed by the Investigating Agency, the Court can take cognizance of the offense.
Case Title: Tata AIG General Insurance Company Limited Vs. Surjeet Kaur and others, with connected matters
Citation: 2022 LiveLaw (PH) 92
The Punjab and Haryana High Court recently while dealing with a matter related to compensation in a motor accident act claim observed that negligence of the driver is not, per se, the reason for inviting liability by such a vehicle. The observation came from Justice Rajbir Sehrawat, who observed that it is the 'use of vehicle' on the road, which per se, invites liability for the owner of the vehicle; and thus it is for the insurer; to pay compensation; in case the vehicle is involved in accident.
Case Title: M/s Experion Developers Private Limited vs. State of Haryana and others
Citation: 2022 LiveLaw (PH) 93
The Punjab and Haryana High Court recently observed that obtaining of an occupancy certificate will not render anyone to be outside the purview of the jurisdiction of the State Real Estate Regulatory Authority. Justice Amol Rattan Singh observed that with a completion certificate still not having been obtained, simply obtaining of an occupancy certificate or having applied for such certificate in terms of the Haryana Building Code, 2017, we would not consider the petitioner to be outside the purview of the jurisdiction of the respondent Authority.
94. Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
Case title - Lovedeep Singh v. Gurpreet Kaur [CRR(F)-314-2022]
Citation: 2022 LiveLaw (PH) 94
The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and children. The Court, in its order, observed that there was nothing on record showing that the respondent-wife had deserted the petitioner without any rhyme and reason. The Court also discarded the argument of the Husband that since the respondent-wife is well educated and has done her MA in Hindi and thus, she is not entitled to the maintenance.
Case Title: Amir Kapoor Versus Nisha & another
Citation: 2022 LiveLaw (PH) 95
Punjab and Haryana High Court while dealing with a revision petition, held that it is well-settled law that in light of statutory provisions under Section 41(h) of the Specific Relief Act, where a more efficacious remedy is available, the party is under a legal obligation to opt for that remedy. The court noted that by the judgment and order dated 26.08.2010, maintenance allowance has been granted to the wife and the minor child and under the relevant provisions of Cr.P.C., only a revision lies under Section 397, 398, and 399 Cr.P.C. which has not been brought to the notice of this Court, therefore mere challenge to a finding in a civil suit is not permissible in light of the well-settled principles of law that provide that recourse has to be laid to the provisions enshrined under the law.
Case Title: Simranjit Kaur @ Simarn Kaur Versus Bhinder Pal Singh
Citation: 2022 LiveLaw (PH) 96
Punjab and Haryana High Court while dealing with a transfer plea by the wife in a divorce case has allowed the transfer on the ground that it is difficult for the wife who has a minor child to travel a distance of 55 km stating that it is certainly a case of undue hardship of exceptional nature, necessitating intervention by the Court.
Case Title: Sunita Devi Versus Amrit Lal
Citation: 2022 LiveLaw (PH) 97
Punjab and Haryana High Court while dealing with a transfer application in relation to a matrimonial dispute, held that provisions of Section 24 of CPC cannot be construed so loosely to come to the aid of a party on "frivolous and flimsy" grounds. Section 24 prescribes the general power of transfer and withdrawal. Sub-clause (1)(a) states: On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same.
Case Title: Resuna & Anr. v. State of Haryana and others
Citation: 2022 LiveLaw (PH) 98
"In the ever-evolving society, evolving the law with it, the time is to shift perspective from didactics of the orthodox society, shackled with the strong strings of morality supported by religions to one that values an individual's life above all", the Punjab and Haryana High Court observed recently while hearing a protection plea filed by a live-in couple. The court also remarked that the times are changing fast, even in those lands that were left behind and stuck with the old ethos and conservative social milieu. We are governed by the rule of law and follow the Constitutional dharma, added the court.
Case title - Jatinder Singh v. Union of India and others [Civil Writ Petition No.35638 of 2019]
Case Citation: 2022 LiveLaw (PH) 99
The Punjab and Haryana High Court has observed that trafficking in human beings doesn't amount to jeopardizing the sovereignty and integrity of India. The Bench of Justice Sudhir Mittal further observed that it may jeopardize friendly relations of India with a foreign country but it would be so only if there is tangible evidence available to substantiate the allegations.
100. Public Morality Cannot Overshadow Constitutional Morality: Punjab And Haryana High Court
Case Title: Sunita and Another Vs State Of Haryana and Others
Citation: 2022 LiveLaw (PH) 100
Punjab and Haryana High Court while dealing with a petition seeking protection of life and personal liberty, held that the Constitutional right of protection cannot be abridged, except as per the manner established by law. The bench comprising Justice Vinod S. Bhardwaj held that the Supreme Court has time and time again observed that it is not the Court's domain to intervene in the matters of choice or suitability of a marriage/relationship of an individual.
Case Title: Manpreet Singh vs State of Punjab and others
Citation: 2022 LiveLaw (PH) 101
Punjab and Haryana High Court while dealing with a petition challenging the order and appeal whereby the application for grant of arms license has been rejected, held that the reasons assigned for dismissing an application cannot be different from the ones prescribed under Clause (a) and (b) of Section 14(1) of the Arms Act, 1959.
Case Title: Ajay Vs. State of Haryana
Citation: 2022 LiveLaw (PH) 102
Punjab and Haryana High Court while dealing with a petition filed under Section 439 CrPC by a man accused of poisoning the deceased-complainant with whom he was in a relationship, granted bail on the ground that it was a "consensual relationship" and as the investigation stands completed, the veracity of these allegations would be evaluated by the trial Court only.
Case Title: Manish Singh @ Golu v. State of UT Chandigarh
Case Citation: 2022 LiveLaw (PH) 103
Stressing that cruelty is one of the factors in deciding on bails, the Punjab and Haryana High Court recently observed that ordinarily, once the courts form a prima facie opinion that the accused acted with cruelty, then such an accused should not be granted bail.
104. Child Adopted Post-Retirement Can't Be Denied Family Pension: Punjab & Haryana High Court
Case Title: Raj Bala v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 104
Punjab and Haryana High Court held that an adoption post-retirement would not be a ground to deny the benefit of the family pension to a child. Merely because the adoption is post retirement which is mainly for the purpose of providing dependency and also some light in the evening of the life of the couple. The same would not as such be good enough to deny the said child the benefit of the family pension merely on account of the fact that the decision as such to adopt was taken at a belated stage.
Case Title: Mamta Versus State of Haryana, and connected matter
Citation: 2022 LiveLaw (PH) 105
Punjab and Haryana High Court while dealing with a case where the petitioners conspired and duped several victims of an amount of Rs. 167 crores by alluring innocent persons on the pretext of providing them tenders with National Security Guards (NSG), Manesar, held that there are serious allegations of fraud and cheating against the petitioners, and no ground is made out to grant them the concession of regular bail.
Case Title: Rani versus Additional District Magistrate And Anr
Citation: 2022 LiveLaw (PH) 106
Punjab and Haryana High Court while dealing with a challenge to the order of the Additional District Magistrate passed in response to a maintenance petition filed by a woman claiming to be a senior citizen under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, held that the Maintenance Tribunal could not have invoked its jurisdiction for the reason that the age of the woman was less than 58 years on the relevant date i.e. the date of institution of the proceedings before such Tribunal.
Case title: Harbans Kaur v. Joginder Pal [FAO-M-272 of 2017]
Case Citation: 2022 LiveLaw (PH) 107
The Punjab and Haryana High Court noted that the Supreme Court had held that even one complaint lodged by the wife found to be false against the husband and his family members amounted to cruelty. Even if husband and wife are staying together and husband does not speak to the wife, it would cause mental cruelty and a spouse staying away by sending vulgar and defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings can make the life of other spouse miserable, the Court added.
Case Title: Gurpreet Singh Versus State of Punjab
Citation: 2022 LiveLaw (PH) 108
The Punjab and Haryana High Court has held that a clear period of 30 days starting from the date when a proclamation under Section 82 of the Cr.P.C. is actually affected up to the date nominated for causing appearance is mandatory.
Case Title: Seema Rani Versus Anurag Verma and others
Citation: 2022 LiveLaw (PH) 109
Punjab and Haryana High Court while dealing with the plea moved by the widow of a Class IV employee of the State, contending her right to pensionary benefits, ordered the salary of the Home Secretary, Punjab, to remain stayed till the entire amount of the pensionary benefits is released to her.
Case Title: Surjit Singh Dhaliwal Versus State of Punjab and another
Citation: 2022 LiveLaw (PH) 110
The Punjab and Haryana High Court recently stayed the arrest of a man, who was declared a proclaimed offender by the trial Court, while directing him to surrender before the Court with a stipulation that he shall be released on bail on the same day, subject to furnishing bail bonds and other appropriate additional conditions.
Case Title : Paro and others v. Mahindo
Citation: 2022 LiveLaw (PH) 111
Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge (Sr. Divn.), Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement after exercising due circumspection and if it appears that the defendant has attempted to engage in dilatory tactics, the Courts should nip the same unhesitatingly.
Case Title: Simarjit Kaur @ Simerjeet Kaur @ Simarjeet Kaur versus Maninder Kaur
Citation: 2022 LiveLaw (PH) 112
Punjab and Haryana High Court while dealing with a revision petition filed under Article 227 of the Constitution of India challenging the order of the Trial Court which instead of adjourning the case for plaintiff's evidence, fixed it inadvertently for rebuttal evidence, held that Merely because an inadvertent mistake was caused by the Court while adjourning the matter the plaintiff-respondent cannot be deprived of her valuable right of leading evidence in the affirmative on issues the onus of which was cast upon her.
Case Title : Rakesh Khanna @ Babbu v. Gulzari Lal and Others
Citation: 2022 LiveLaw (PH) 113
Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order vide which the application preferred by the defendant no.1 (petitioner) under Order VII Rule 11 of the Code of Civil Procedure, 1908 in a suit for declaration of title was dismissed, held that it is trite that at the time of contesting the application under Order VII Rule 11 CPC only the contents of the plaint are to be seen and not those of the application under Order VII Rule 11 CPC or any other pleadings.
114. Parties Are Bound By Statements Made By Their Counsel In Court: Punjab & Haryana High Court
Case Title : Ankush Rawat v. Guru Nanak Education Trust and Another
Citation: 2022 LiveLaw (PH) 114
The Punjab and Haryana High Court has reiterated that parties are bound by the statements made by their counsel in Court. The observation was made while disallowing a review application filed against an order on the ground of an 'error apparent'.
Case Title: Novex Communications Private Limited v. Union of India and another
Citation: 2022 LiveLaw (PH) 115
While quashing a public notice/letter exempting use of copyrighted sound recordings in marriage functions from liability, the Punjab and Haryana High Court recently held that the executive has no authority under the Copyright Act to clarify or interpret the applicability of the law through public notices. Thus, the executive cannot take away the right of a copyright owner to initiate proceedings for infringement of copyright.
Case Title: Amit v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 116
The Punjab and Haryana High Court recently observed that Section 482 of CrPC gives the power to this Court to entertain applications which are not contemplated in the Code of Criminal Procedure, in the event, it is felt that the ends of justice will require that the Court can invoke the extraordinary powers which are to be exercised with restraint and not lightly.
Case Title : Mahavir singh v. Uttar Haryana Bijli Vitran Nigam Limited and others
Citation: 2022 LiveLaw (PH) 117
Punjab and Haryana High Court recently allowed a writ petition whereby an employee of the Uttari Haryana Bijli Vitran Nigam had sought that the daily wage service rendered by him till his services were regularized should be taken into consideration for computing his pensionary benefits. It further noted that though the petitioner's services were terminated in the year 1982, the same was held to be bad by a Labour Court and the Petitioner was reinstated in service with back wages. Therefore, he is entitled to the benefit of counting his daily wage service as qualifying service for computing his pensionary benefits.
Case Title - Vasu Syal v. State of Punjab
Citation: 2022 LiveLaw (PH) 118
The Punjab and Haryana High Court granted bail to a man arrested over an alleged inappropriate comment against Shri Guru Nanak Dev Ji and his father which was offensive to the followers of the Sikh Religion. The Bench of Justice Harinder Singh Sidhu granted bail to one Vasu Syal as it noted that he is under custody since November 2021 and the investigation in the case is complete and challan has been filed.
Case Title: Parveen Mehta Versus Vishal Joshi
Citation : 2022 LiveLaw (PH) 119
Punjab and Haryana High Court while dealing with an application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment acquitting respondent in Complaint Case of 2012, held that The undisputed signatures of the respondent on the cheque in itself is not sufficient for conviction under Section 138 of the Act.
Case Title: Rinku Singh Versus Union of India
Citation : 2022 LiveLaw (PH) 120
Punjab and Haryana High Court while dealing with a prayer for grant of anticipatory bail in NCB Crime case filed under provisions of NDPS Act, 1985 to the accused-petitioner who was involved in the smuggling of Commercial quantity of Heroin from Pakistan to India, held that from the reply aforesaid, the role and active involvement of the petitioner is apparent. In view thereof, no ground is made out for grant of anticipatory bail to the petitioner. Therefore, no ground is made out for the grant of anticipatory bail to the petitioner.
Case Title: Munshi Ram versus Vidya Devi and Another
Citation : 2022 LiveLaw (PH) 121
The Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order of the Rent Controller whereby the application for directing the respondents-landlord to produce relevant documents in their possession was dismissed, has held that the present petition is nothing but an endeavour to embark on an endeavour not relevant to the matter in dispute. A Court would not embark on a roving and fishing enquiry in order to assist a party to collect evidence.
Case Title: Sharma Constructions Joint Venture Versus Punjab Agro Industries Corporation Ltd. and another
Citation: 2022 LiveLaw (PH) 122
Punjab and Haryana High Court has upheld an order vide which Sharma Constructions Joint Venture was declared technically non-compliant for e-tender floated by Punjab Agro Industries for the supply of gypsum for agriculture use, on the ground of being ineligible. The Court noted that the expert committee of the authorities had examined the issue detail and found the petitioner to be ineligible. The bench observed that a perusal of the Joint Venture Agreement would indicate that there is no clause indicating as to who would be managing the Joint Venture. On the contrary, the document indicates that in spite of constituting the so called Joint Venture, the constituents/ proprietors would continue to manage their own separate firms.
Case Title : Gurmahabir Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 123
Punjab and Haryana High Court recently came across a case where the original order of conviction passed by the Trial Court was modified under the signature of the Reader of the Court, during the pendency of an appeal preferred by the convict against the said judgment, thereby enhancing the sentence of the convict from 2 months to two years, held that though all these points need to be decided by the Sessions Judge, Tarn Taran, who herself is administrative head of the Sessions Division, Tarn Taran and on the face of it, it requires an inquiry as to how the corrections were made under the signatures of the Reader of the Court concerned, thereby enhancing the sentence, though in the original order, passed by the trial Court, it was only directed that instead of Section 323 IPC, which is mentioned at two places, Section 326 IPC be substituted at one place and there was no such direction to enhance the sentence from 02 months to 02 years.
Case Title : Paramjeet @ Kala and Other v. State of Haryana
Citation : 2022 LiveLaw (PH) 124
The Punjab and Haryana High Court while dealing with an appeal filed by three appellants against the order whereby they were convicted for robbery, if the witness was not confronted with that part of the statement with which the defence wanted to contradict him, then the Court cannot suo moto make use of statements to police not proved in compliance with Section 145 of the Evidence Act that is, by drawing attention to the parts intended for contradiction.
Case Title : Jaswant Kaur v. Lakhwinder Singh and others
Citation : 2022 LiveLaw (PH) 125
Punjab and Haryana High Court while dealing with an appeal filed by the widow claiming right over the suit property on the basis of natural succession, held that appellant's husband was not the owner of the suit land on the date of his death, therefore, the question of inheritance of the estate does not arise.
Case Title: Bhakra Beas Management Board & another Versus Jagdish Ram
Citation : 2022 LiveLaw (PH) 126
The Punjab and Haryana High Court recently upheld the order of a single Judge, directing the Bhakra Beas Management Board to give the benefit of 9 years promotional scale to one of its employee, (original petitioner) since the benefit had been extended to a junior.
Case Title: Ayyub Khan and Anr VERSUS Pratap Gurjar and Ors.
Citation: 2022 LiveLaw (PH) 127
The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit. Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR (Civil) 563], where the Supreme Court held that the amount of compensation awarded in favor of the mothers should not be kept in a fixed deposit in a nationalized bank.
Case Title : Rohtash @ Raju v. State of Haryana
Citation: 2022 LiveLaw (PH) 128
The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet.
Case title - Lawrence Bishnoi v. State of Punjab and others
Citation: 2022 LiveLaw (PH) 129
The Punjab and Haryana High Court has dismissed a plea filed by Lawrence Bishnoi in connection with the murder of renowned Punjabi Singer Sidhu Moosewala 29, seeking necessary security arrangements, apprehending a fake encounter by the Punjab Police. Calling the petition 'premature', the Bench of Justice Sureshwar Thakur took into account the submission made by Advocate General, Punjab that Bishnoi has not been nominated as an accused in connection with Moosewala's death, therefore, Bishnoi's apprehensions are completely premature.
Case Title : Malook Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 130
The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Case Title: Manpreet Kaur Versus Gurbaksh Singh
Citation: 2022 LiveLaw (PH) 131
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.
Case Title: Mukesh Mittal Versus National Faceless Assessment Centre and others
Citation: 2022 LiveLaw (PH) 132
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.
Case Title: Ishiqa @ Yashika Vs State of Haryana and others
Citation: 2022 LiveLaw (PH) 133
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.
Case Title: Om Roj v. Haryana Staff Selection Commission and Ors.| CWP-2667-2022 | 28 April 2022
Citation: 2022 LiveLaw (PH) 134
The Punjab and Haryana High Court held that in matters pertaining to the appointment to any office under the State, the general category seats are to be filled from the merit list first and thereafter, the reserved category seats are to be allocated as per the assigned quota. Thus, regardless of whether a candidate is found or not found entitled to reservation sought by him, he still has a right to be considered in an open general category as per the intent of Article 16 of the Indian Constitution, Justice Arun Monga held.
Case Title: Jaswinder Singh @ Jass VERSUS State of Punjab
Citation : 2022 LiveLaw (PH) 135
The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension.
Case Title : Ghanso @ Kalo v. State of Punjab
Citation : 2022 LiveLaw (PH) 136
The Punjab and Haryana High Court recently held that on account of delay in the conclusion of trial, rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act can be relaxed to an extent and prayer of the accused for bail can be considered despite that she was found in possession of a commercial quantity of contraband.
Case Title: Rohit @ Mirchi Versus State of Haryana
Citation : 2022 LiveLaw (PH) 137
The Punjab and Haryana High Court, while dealing with a petition seeking regular bail of the accused in FIR relating to physical abuse and abduction of complainant's brother, who later committed suicide, held that the compromise cannot be taken as a ground at this stage for grant of bail.
Case Title: Kanta Devi and Others versus Paripuran Singh and Others
Citation : 2022 LiveLaw (PH) 138
The Punjab and Haryana High Court, while dealing with a petition challenging Trial Court's order vide which application by the plaintiff-petitioners for framing an additional issue was dismissed, held that an additional issue can be framed at any point of time during trial.
Case Title: Phool Singh and Another versus Amit Kumar and Others
Citation : 2022 LiveLaw (PH) 139
The Punjab and Haryana High Court has held that an unregistered agreement to sell, being in contravention of the provisions of the Registration Act, 1908, cannot be accepted by the Court for granting possession in favour of the claimant party.
No Reason To Believe That Input Tax Credit Is Fraudulently Availed: Punjab & Haryana High Court
Case Title: Rajnandini Metal Ltd. Versus Union Of India
Citation : 2022 LiveLaw (PH) 140
The Punjab and Haryana High Court bench of Justices Tejinder Singh Dhindsa and Pankaj Jain has held that there should be reason to believe that the input tax credit available in the Electronic Credit Ledger was obtained fraudulently or that the assesses are ineligible. The relevant officer must record the reasons, and a speaking order must be issued.
Case Title : Robin Gupta v. MS Stratford Educational Management Pvt Ltd And Others
Citation : 2022 LiveLaw (PH) 141
Punjab and Haryana High Court, while dealing with an application for review of a judgment wherein revision petition filed by the plaintiff in an agreement to sell matter was dismissed, held that the Court has sufficient powers under Article 227 of the Constitution of India as well as Section 151 of CPC to prevent the ends of justice from being defeated.
Case Title : Raj Kumar v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 142
The Punjab and Haryana High Court, while dealing with a petition seeking action against alleged illegal construction raised by private respondent on a land allegedly leased to him by the Municipal Committee, held that since the respondent has already filed a civil suit thus, Municipal Committee was justified in not taking a final action during the pendency of the aforementioned suit.
Case Title: National Highway Authority of India Versus The Competent Authority, Land Acquisition-cum-District Revenue Officer, Ludhiana and others, with connected matters
Citation: 2022 LiveLaw (PH) 143
The Punjab and Haryana High Court recently refused to exercise its writ jurisdiction in a dispute with regard to the assessment of the nature of the land to be acquired by the National Highway Authority of India and its market value. The bench comprising Justice Anil Kshetarpal held that as per the scheme of the National Highways Act, 1956, in case of any dispute, the amount is to be assessed by the Arbitrator, nominated by the Central Government.
Case Title: Ashok Kumar Versus State of Haryana
Citation: 2022 LiveLaw (PH) 144
The Punjab and Haryana High Court has reiterated that filing of successive applications for anticipatory bail by a person apprehending arrest, without substantial change in circumstances, amounts to an abuse of process of Court. Dismissing one such application, Justice Vikas Bahl imposed Rs.50,000/- cost, payable to District Legal Services Authority within a month.
Case Title : Dhanpreet Singh And Anr V. State Of Punjab
Citation: 2022 Livelaw (Ph) 145
The Punjab and Haryana High Court, while dealing with a matter wherein usage of non-updated machinery led to the death of two labourers, held that provision of Factories Act, 1948 are not in substitution but are supplemental to any other Act; and thus they do not override the provisions of the Indian Penal Code.
Case Title: Satpal And Others Versus State Of Punjab And Others
Citation: 2022 Livelaw (Ph) 146
The Punjab and Haryana High Court has held that under Section 47-A of the Indian Stamp Act, if the Collector concerned believes that proper duty has not been paid on a respective property, he may give the person concerned reasonable opportunity of being heard and hold an enquiry under sub section (2).
Case Title: M/s SGM Packaging Industries versus M/s Goyal Plywood LLP
Citation: 2022 LiveLaw (PH) 147
The Punjab and Haryana High Court has ruled that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitration under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act).
Case Title : Smt. Satya Roopa Sinha v. Sarwan Kumar Mehto
Citation: 2022 LiveLaw (PH) 148
Punjab and Haryana High Court while dealing with a revision petition against the order passed by the Family Court, allowing respondent's application seeking DNA test to determine the paternity of the petitioner's child in response to her maintenance petition, held that since the marriage is disputed by the respondent, order of DNA test to determine paternity is not warranted.
Case Title: Deepali Sharma and another Versus Sub Divisional Magistrate cum Land Acquisition Collector, Mohali and another
Citation : 2022 LiveLaw (PH) 149
The Punjab and Haryana High Court while dealing with a writ petition pertaining to land acquisition under the National Highways Act, 1956, has held that Section 3(H)(4) thereof enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court.
Person With Single Testicle Not Unfit To Serve Indian Navy: Punjab & Haryana High Court
Case Title : Union of India and others v. Neeraj Mor
Citation : 2022 LiveLaw (PH) 150
The Punjab and Haryana High Court has held that having 'single testicle' is not a disability that would render a candidate unfit for serving the Indian Navy. In reference to an order passed by the Centre declaring the Respondent herein unfit for enrolment in the Navy for the reason that he has a single testicle, a bench comprising Justice G.S. Sandhawalia and Justice Vikas Suri observed.
Case Title : Bhunesh v State of Haryana
Citation : 2022 LiveLaw (PH) 151
The Punjab and Haryana High Court recently deprecated the practice of filing successive bail applications, without any adequate ground/ change in circumstances. It also voiced concern over the unfortunate trend being adopted by "unscrupulous litigants" in which anticipatory bail is argued and when the Court is about to dismiss the petition, in order to avoid a detailed adverse order, the counsel seeks to withdraw the petition and after some days, without any justification, files a second anticipatory bail petition.
Case Title : Yashpal Gulati v. Kulwinder Kaur and Others
Citation : 2022 LiveLaw (PH) 152
The Punjab and Haryana High Court has held that the power to reject plaint under Order 7 Rule 11 CPC should be exercised only when the Court comes to a "definite conclusion" that the suit is either not maintainable or barred under the law. The bench comprising Justice Anil Kshetarpal added that Order 7 Rule 11 CPC enlists various grounds on which the plaint can be rejected.
Case title - Som Dutt v. Babita Rani
Citation : 2022 LiveLaw (PH) 153
The Punjab and Haryana High Court observed recently that once the parties have separated and separation has continued for a sufficient length of time and any one of them presents a petition for divorce, it can well be presumed that the marriage has broken down.
Case Title : Krishan v. State of Haryana
Citation : 2022 LiveLaw (PH) 154
The Punjab and Haryana High Court recently denied bail to a man, arraigned as an accused in a FIR under the Narcotic Drugs and Psychotropic Substances Act, 1985 and arrested, merely on the basis of a disclosure statement made by a co-accused.
Case Title: Mrs. Manjit Kaul Versus Mr. Anil Kumar
Citation : 2022 LiveLaw (PH) 155
The Punjab and Haryana High Court has held that a suit claiming quantified damages for alleged defamation amounts to a 'money suit' and hence, ad valorem Court-fees would be payable on the amount claimed.
Case Title: Deen Mohd. Versus State of Haryana
Citation : 2022 LiveLaw (PH) 156
The Punjab and Haryana High Court recently upheld a trial court's order denying anticipatory bail to an accused, solely on the ground that he had tried to mislead the Court by concealing facts regarding dismissal of his earlier plea.
Case title - Gulam Deen and another v. State of Punjab and others
Citation : 2022 LiveLaw (PH) 157
The Punjab And Haryana High Court last week granted protection to a Muslim Girl (16 Year Old) who married a Muslim boy (21 year old) while noting that she is of Marriageable Age under Muslim Personal Law.
Case Title: Neelam Kumari Versus Chief Administrator, Haryana Shehri Vikas Pradhikaran, Panchkula & another
Citation : 2022 LiveLaw (PH) 158
The Punjab and Haryana High Court recently upheld the auction policy of Haryana Shehri Vikas Pradhikaran, Panchkula which provided for non-disclosure of the reserved price. The bench comprising Justice Amol Rattan Singh and Lalit Batra held that the reserved price was not disclosed for confidential reasons and to ensure transparency process of allotment via e-auction.
Case Title : Ajaib Singh v. State of Punjab
Citation : 2022 LiveLaw (PH) 159
The Punjab and Haryana High Court while denying anticipatory bail to the father in a case where he was allegedly acting in connivance with his son who solemnized various marriages without getting divorce from his disabled spouse, held that in view of the seriousness of the allegation and to unravel the truth, the custodial interrogation of the petitioner is necessary.
Case Title : Pooja Rani v. State of Punjab and Others
Citation : 2022 LiveLaw (PH) 160
The Punjab and Haryana High Court while dealing with a case of adoption of an unborn child, held that no such provision as to give effect to adoption of an unborn child is envisaged under the Hindu Adoptions and Maintenance Act, 1956.
Case Title : Dr. Sangeeta Aggarwal and others v. State of Punjab and others
Citation : 2022 LiveLaw (PH) 161
The Punjab and Haryana High Court recently reiterated that the law helps those who are vigilant about their rights and not those who sleep over it. The bench comprising Justice G.S. Sandhawalia and Justice Vikas Suri further added that acquiescence, delay and laches are well recognised exceptions to dismiss the claim sought to be raised at a belated stage.
Case Title : Rajeev Kumar v. State of Haryana
Citation : 2022 LiveLaw (PH) 162
The Punjab and Haryana High Court has observed that directions passed by the Supreme Court in Arnesh Kumar v. State of Bihar with respect to procedure for arrest shall be applicable to offences punishable with less than or up to seven years of imprisonment.
Case Title : Harjit Singh v. State of Punjab and Others
Citation : 2022 LiveLaw (PH) 163
In a case relating to dishonour of cheque wherein the limitation period for invoking proceedings under Section 138 of the Negotiable Instruments Act had elapsed, the Punjab and Haryana High Court held that the Petitioner cannot invoke Section 482 of CrPC seeking directions to indirectly restore the said right.
Case Title: Kanwalpreet Singh Kalra Versus State of Punjab & another
Citation : 2022 LiveLaw (PH) 164
The Punjab and Haryana High Court recently came to the rescue of a father precluded from attending his daughter's convocation at a foreign University, on account of impounding of his passport due to pendency of a criminal case against him.
Case title - Harmanjot Singh v. State of Punjab
Citation : 2022 LiveLaw (PH) 165
The Punjab And Haryana High Court granted bail to a man as it noted that the victim was a court employee and despite knowing the consequences and legal remedies, she kept quiet for a long time.
Granting bail to the accused, the Bench of Justice Anoop Chitkara observed thus:
"The victim is an employee, matured lady and working in the Court and she would know the consequences and legal remedies. Instead her keeping quiet for such a long time would make out a case for bail to the petitioner."
Case title - Bhupinder Singh @ Honey v. Enforcement of Directorate
Citation:2022 LiveLaw (PH) 166
The Punjab and Haryana High Court has allowed the bail plea moved by Punjab Chief Minister Charanjit Singh Channi's nephew Bhupinder Singh in connection with an alleged illegal sand mining case under Sections 3/4 Prevention of Money Laundering Act.
Case Title: Chat Aroma v. Hamir Real Estate Pvt. Ltd. C.R. No 574 of 2022
Citation:2022 LiveLaw (PH) 167
The High Court of Punjab and Haryana has held that a statement made at the stage of interim injunction is not a first statement for Section 8 of the A&C Act.
The Single Bench of Justice Rajbir Sherawat held that any statement made at the stage of and for the purpose of opposition to the application under Order 39 Rules 1 & 2 or to prevent any interim order being passed by the court, could not be taken as a statement on the subject matter of the dispute.
Case Title : Sanjay Bakshi v. State Of Punjab
Citation: 2022 LiveLaw (PH) 168
The Punjab and Haryana High Court while dealing with a regular bail plea in a case where the petitioner alongwith his mother were said to have duped the complainant for a sum of Rs.35,00,000/- on the pretext of sending his son to Canada, granted the concession of bail to the petitioner on the ground that his co-accused (mother) has already been enlarged on bail and he has undergone incarceration of nearly two months.
Case Title: Harjeet Lal @ Laddu Vs. State of Punjab
Citation: 2022 LiveLaw (PH) 169
The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act.
Case Title: Sukhdeep Singh Versus State of Punjab
Citation: 2022 LiveLaw (PH) 170
The Punjab and Haryana High Court has held that once the plea for anticipatory bail under Section 438 CrPC is rejected by the Sessions Court to an accused under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, the accused cannot be invoked High Court's concurrent jurisdiction under the said provision. It held that once such a plea is rejected by the Sessions Court, the remedy would be to prefer an appeal under Section 14-A of the SC/ST Act.
Case Title: Deepa @ Deepika Versus State Of Haryana
Citation: 2022 LiveLaw (PH) 171
The Punjab and Haryana High Court has recently granted regular bail to a woman booked under the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, allegedly for accompanying the decoy witness to the place where the sex determination test was supposed to be conducted. After taking into consideration the facts and circumstances of the case, role played by the petitioner, along with the fact that co-accused was already released on regular bail, the court deemed it appropriate to allow the instant petition releasing the petitioner on regular bail.
Case Title : Pankaj Dalal v. State of Haryana
Citation: 2022 LiveLaw (PH) 172
The Punjab and Haryana High Court has recently granted regular bail to the accused in NDPS matter from whom contraband weighing more than 2 kgs was recovered, on the ground that he is a first time offender who has already been in custody for around six months and should be provided with an opportunity to course-correct his conduct.
Case Title: Dinesh Versus State of Haryana
Citation: 2022 LiveLaw (PH) 173
The Punjab and Haryana High Court recently granted regular bail to a man booked under the POCSO Act after the complainant, his wife, accused him of penetrative sexual assault in an incident that allegedly took place prior to their marriage, when she was still a minor.
Case Title - Kamlesh Rani V. State Of Punjab And Ors.
Citation: 2022 LiveLaw (PH) 174
In a significant order, the Punjab and Haryana High Court recently directed the handing over of the custody of a four-month-old boy to his biological mother for the purpose of breastfeeding. However, the High Court's bench of Justice Sureshwar Thakur did clarify that the custody would be interim in nature for the limited purpose of breastfeeding the Child. In this regard, the Court also relied upon Article 25(2) of the Universal Declaration of Human Rights.
Citation: 2022 LiveLaw (PH) 175
The Punjab and Haryana High Court today granted bail to former state health minister Dr. Vijay Singla in connection with a corruption case. The bench of Justice Lisa Gill granted him bail in the case wherein he has been accused of "one percent commission" in tenders and purchases by his department.
'Not Heinous Offence': Punjab & Haryana High Court Allows Quashing Of FIR U/S 498-A IPC
Case Title: Kawabir Singh Versus State of Punjab and another
Citation: 2022 LiveLaw (PH) 176
The Punjab and Haryana High Court recently allowed a petition for quashing of an FIR registered under Section 498-A and Section 406 IPC in a matrimonial dispute, on the ground of a mutually agreed settlement between the parties. The bench comprising Justice Deepak Sibal noted that the agreed amount has been paid in its entirety to the wife and the parties have been granted divorce by mutual consent based on the said agreement.
Case Title: Rajbir Versus Ashok Kumar and others
Citation: 2022 LiveLaw (PH) 177
The Punjab and Haryana High Court, while dealing with a revision petition against the order of the Trial Court wherein defendants' application for framing of an additional issue with regard to plea of adverse possession was allowed, has held that if defendants took a specific plea that was controverted by the plaintiff and the trial Court felt that both the parties were at issue, striking of issue cannot be held to be wrong.
Case Title: Amarjeet Singh Versus State Of Punjab And Others
Citation: 2022 LiveLaw (PH) 178
The Punjab and Haryana High Court recently dismissed a writ petition filed by a prisoner seeking extension of his parole to undergo surgery of brain tumor on the ground that the status report by the Investigating Agency clearly reflected that the petitioner was to undergo an eye surgery and not surgery of brain tumor.
Case Title: Satpal Singh and others Versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 179
The Punjab and Haryana High Court has held that it is the duty of revenue officials to incorporate the court's decree in the revenue record, in true letter and spirit.
Case Title: Anmol Verma v. Radhika Sareen
Citation: 2022 LiveLaw (PH) 180
The Punjab and Haryana High Court recently allowed the appeal by the husband against the order of the Trial Court wherein his petition under Section 13 of the Hindu Marriage Act, 1955 (HMA) for dissolution of marriage was dismissed.
Case Title: Rakesh Jain v. Central Bureau of Investigation
Citation: 2022 LiveLaw (PH) 181
The Punjab and Haryana High Court recently refused to grant permission for cross-examination of an Investigating Officer who had collected documents against the Petitioner-accused in a corruption case, citing Section 139 of the Indian Evidence Act.
Case Title: Sukhjeet Kumar VERSUS State of Punjab and others
Citation: 2022 LiveLaw (PH) 182
The Punjab and Haryana High Court has made it clear, in this case with respect to appointment of Lambardar, that an authority exercising revisional jurisdiction cannot compare merits and de-merits of the parties involved.
Case Title: Paramjit Singh Through Lrs V/S Gurdial Singh And Others
Citation: 2022 LiveLaw (PH) 183
The Punjab and Haryana High Court, while dealing with a review application in terms of Order 47 Rule 1 read with Section 114 CPC, held that question of relinquishment of share in the property by any of the parties cannot be commented upon in review petition.
Case Title: State Of U.T. Chandigarh Versus Shankar
Citation: 2022 Livelaw (Ph) 184
The Punjab and Haryana High Court, while dealing with an appeal preferred by the UT administration of Chandigarh against the judgment of the Trial Court in a matter registered under Section 20 of NDPS Act, held that the trial Court was correct in holding that the prosecution witnesses are not trustworthy and the seal, samples, documents etc. are tampered.
Case Title: M/s Garg Construction Company versus State of Haryana and Ors.
Citation: 2022 LiveLaw (PH) 185
The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) is hopelessly time-barred, no arbitrator can be appointed by the High Court.
Case Title: Bhagirath @ Bhaga (deceased) thr. LRs Versus Ranjit Singh and others
Citation: 2022 LiveLaw (PH) 186
The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the trial.
Sufficient Material & Solid Reasons Required For Declining Parole: Punjab & Haryana High Court
Case Title: Mahammad Shehbaz VERSUS State of Punjab and others
Citation: 2022 LiveLaw (PH) 187
The Punjab and Haryana High Court while allowing a criminal writ petition challenging refusal of parole to the petitioner-convict has held that release on parole is part of the reformative process.
Case Title: Smt. Parkash Devi Versus Rajinder Kumar (Since Deceased) Through His Lrs. And Ors.
Citation: 2022 Livelaw (Ph) 188
Punjab and Haryana High Court recently held that as per illustration (b) of Section 202 of the Indian Contract Act, 1872, an agency in which the agent has an interest is neither terminated by insanity nor by the death of the principal.
Case Title: M/s Garg Construction Company Versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 189
The Punjab and Haryana High Court recently dismissed an application under Section 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator filed by the applicant in 2017, on the ground of it being barred by limitation.
Case Title: Kuljas Rai Versus Punjab State Power Corporation Limited Service
Citation: 2022 LiveLaw (PH) 190
The Punjab and Haryana High Court has made it clear that in case of electricity consumption beyond the sanction load, the electricity consumer is liable to pay penalty in the form of demand surcharge.
Case Title: Yusuf Versus State of Haryana
Citation: 2022 LiveLaw (PH) 191
Punjab and Haryana High Court has recently modified and reduced the sentence of a truck driver whose rash and negligent driving caused death of a motorcycle rider, on the ground that he is first time offender and the incident took place almost 11 years ago.
Case Title: National Insurance Company Limited through its Assistant Manager Vs. Satya Devi (since deceased) through her Legal Heirs and others
Citation: 2022 LiveLaw (PH) 192
The Punjab and Haryana High Court has recently dismissed an appeal preferred by the Insurance Company for staying the operation of award passed by the Motor Accident Claims Tribunal whereby the tribunal allowed the petition of legal representatives of the claimant and awarded the compensation of Rs.1,79,000/- with interest @ 7.5% per annum.
Case Title: Mamta Rani Versus State Of Haryana
Citation: 2022 Livelaw (Ph) 193
Punjab and Haryana High Court recently denied anticipatory bail to an acupressure practitioner who gave treatment to a patient suffering from a disease called gangrene, for which she was not qualified to administer treatment.
Case Title: Midland Microfin Ltd. Versus Union of India and others
Citation: 2022 LiveLaw (PH) 194
Punjab and Haryana High Court while dealing with a writ petition in the nature of certiorari for quashing notice issued to the petitioner under Sections 148A (b) and 148 of the Income Tax Act, 1961 for the assessment year 2018-19, held that no interference is warranted since the procedure contemplated in 1961 Act was followed and the authority acted within its jurisdiction.
Case Title - Shagun Preet Singh V. State Of Punjab
Citation: 2022 Livelaw (Ph) 195
The Punjab and Haryana High Court today denied anticipatory bail to Slain singer-politician Sidhu Moosewala's manager, Shaganpreet Singh (currently in Australia) in connection with the Youth Akali leader Vicky Middukhera's murder case.
Case title - Mehtab and another v. State of Haryana and others
Citation: 2022 LiveLaw (PH) 196
Taking into account the mandate of The Right of Children to Free and Compulsory Education Act, 2009, and The Rights Of Persons With Disabilities Act, 2016, the Punjab and Haryana High Court recently observed that special children have a fundamental right to elementary education and the right to grow up in society up to their optimum potential.
Case title - Maninderpal Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 197
The Punjab and Haryana High Court has observed that the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at threshold.
Case Title : Sanjay Kumar v. Jaipal and others
Citation: 2022 LiveLaw (PH) 198
Punjab and Haryana High Court has recently reiterated the well settled position of law that the choice of the Collector in appointing Lambardar must be respected in all cases unless and until it is perverse.
Case Title : Harchand v. Karambir Singh and Another
Citation : 2022 LiveLaw (PH) 199
The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order.
Case Title: General Manager (TD), Bharat Sanchar Nigam Ltd., Rohtak Vs. Gulab Singh
Citation : 2022 LiveLaw (PH) 200
Punjab and Haryana High Court has recently upheld an order of the Trial Court directing BSNL to pay mesne profit at the rate of Rs. 1,000 for being in unauthorised possession of the suit property after the expiry of the lease deed.
Case Title : Krishna Devi and Others v. Balvinder Singh and Others
Citation : 2022 LiveLaw (PH) 201
Punjab and Haryana High Court recently held that the claimants in the proceedings under Motor Vehicles Act 1988 need to prove their case on the touchstone of preponderance of probabilities.
Case Title : Sourav v. State of Haryana and Others
Citation : 2022 LiveLaw (PH) 202
Punjab and Haryana High Court recently held that when a family member has already availed financial assistance under the prevalent Rules at that time of the death of the government employee, they cannot agitate the claim of compassionate appointment under the new Rules.
Case Title: Sadhu Singh Versus State Of Punjab And Others
Citation : 2022 Livelaw (Ph) 203
The Punjab and Haryana High Court recently held that there can be no joint proceedings of a 'child in conflict with law' with a person who is not a juvenile.
Case Title : Anil Dhir and another v. State of Punjab and Another
Citation : 2022 LiveLaw (PH) 204
The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.
Case Title : Charanjit Kaur v. Mukhtar Singh
Citation : 2022 LiveLaw (PH) 205
The Punjab and Haryana High Court has recently held that period of limitation for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963 is six months.
Case Title: Tarsem Singh (deceased) through his LR versus Major Singh (deceased) through his LRs & Others
Citation : 2022 LiveLaw (PH) 206
Punjab and Haryana High Court while dismissing a regular second appeal by the plaintiff against the judgements and decrees by the Courts below dismissing his suit for permanent injunction, held that once the suit land is not partitioned and the parties are co-sharers and co-owners, each and every co-sharer will be considered to be in possession of every inch of land.
Case Title: Ram Mehar Versus Haryana Vidyut Prasaran Nigam Limited (HVPNL) and others
Citation : 2022 LiveLaw (PH) 207
Punjab and Haryana High Court recently allowed relief to the ex-employee of Haryana Vidyut Prasaran Nigam Limited, who retired from service after attaining the age of superannuation but his pensionary benefits were withheld by the respondents.
Case Title : Punjab National Bank v. Surender Singh Bedi and others
Citation : 2022 LiveLaw (PH) 208
Punjab and Haryana High Court recently held that allegations levelled against the secured creditors can be examined by the DRT and where there is an express bar to the jurisdiction of Civil Court, the same cannot be permitted by alleging fraud played by the secured creditors.
Case Title: The Punjab State Cooperative Supply and Marketing Federation Limited Versus M/s B.D.S. Decor & Prefab (P) Ltd. and another
Citation : 2022 LiveLaw (PH) 209
The Punjab and Haryana High Court recently reiterated that award under Section 34 of the Arbitration Act can be set aside only on the basis of specific grounds mentioned therein.
CASE TITLE: Laxmi Educational Society, Manesar and others Versus State of Haryana and others CWP No. 2734 of 2007
Citation: 2022 LiveLaw (PH) 210
The Punjab and Haryana High Court recently made certain important observations as to the non-applicability of promissory estoppel against government on grant of NOC with respect to land use, vis-a-vis a subsequent acquisition for "public purpose" under the Land Acquisition Act, 1894.
Case Title: Siriya (now deceased) through his LRs Versus Tulsi Puri (now deceased) through his LRs
Citation: 2022 LiveLaw (PH) 211
Punjab and Haryana High Court recently reiterated that any one owner out of the co-owners can seek possession of the entire joint land.
Case Title: Jaswinder Singh Versus State Of Haryana
Citation: 2022 Livelaw (Ph) 212
The Punjab and Haryana High Court while dealing with a petition against refusal of default bail to an accused under the NDPS Act, directed Director General(s) of Police, to ensure that all the investigating officers in NDPS cases, are completed within 180 days and a report under Section 173 of CrPC is submitted.
Case Title: Shri Jainendra Gurukul Panchkula through its Secretary Versus Dev Raj
Citation: 2022 LiveLaw (PH) 213
Punjab and Haryana High Court recently restored trial Court's finding in eviction petition by the landlord and held that second eviction petition is not barred by the principle of res judicata since it was filed on changed circumstances that were not pleaded earlier in the previous petition.
Case Title : Satpal v. Divisional Forest Officer, Sonepat Division, Sonepat
Citation: 2022 LiveLaw (PH) 214
Punjab and Haryana High Court recently held that if the petitioners, who are daily wagers litigating for their rights, are not allowed to lead their evidence then they would suffer irreparable loss and injury.
Case title - Armaan Singh .v. Director, Institute of Law, Kurukshetra University, Kurukshetra and others
Citation: 2022 LiveLaw (PH) 215
The Punjab and Haryana High Court recently upheld the decision of the Institute of Law, Kurukshetra University debarring a law student booked under section 307 IPC (attempt to murder) from appearing in the theory examination of the 10th Semester [BA LLB (Honours) course].
Case Title : Gurbhej Singh @ Bheja v. State of Punjab
Citation: 2022 LiveLaw (PH) 216
The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money.
Motor Accident Claimant Not Required To Prove Ownership Of Driver Over Offending Vehicle: Punjab & Haryana High Court
Case Title : Mohinder Lal @ Mohinder Pal v. Ladi and Others
Citation: 2022 LiveLaw (PH) 217
The Punjab and Haryana High Court recently held that the test in the Motor Accident Claims Tribunal (MACT) cases is not 'beyond reasonable doubt' but 'preponderance of probabilities' and that a claimant is not required to prove ownership of the driver over the offending vehicle.
'Decree' Includes Order Rejecting Plaint Under Order 7 Rule 11 CPC, Amenable To Remedy Of Appeal U/S 96: Punjab & Haryana High Court
Case Title: Nimrata Shergill and another Versus Shop Owners Welfare Association
Citation: 2022 LiveLaw (PH) 218
Punjab and Haryana High Court recently dismissed a revision petition for setting aside order of the Addl. Civil Judge (Sr. Divn.), Chandigarh, vide which, application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint in a summary suit was allowed.
Prisoners May Be Granted Benefit Of Policy For Premature Release Prevalent At Time Of Conviction & Sentence: Punjab & Haryana High Court
Case Title : Kabal Singh v. State of Punjab and others
Citation: 2022 LiveLaw (PH) 219
Punjab and Haryana High Court recently held that the policy of the state government with respect to premature release of prisoners, applicable to the relevant claim, would be the policy as applicable, at the time of verdict of conviction and sentence.
Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
Case Title: Child In Conflict With Law 'S' Versus State Of Punjab
Citation: 2022 Livelaw (Ph) 220
The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be deemed to be his making his constructive custody.
Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
Case Title: Megha Rana Versus Kanwar Samir
Citation: 2022 LiveLaw (PH) 221
The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband.
Suit For Possession | Weakness In Case Set-Up By Defendant Does Not Automatically Strengthen Plaintiff's Case In Absence Of Proof Of Title: P&H HC
Case Title: Murti Shri Vishnu Avtar Baba Ram Dev & Anr. Versus Baljit Singh & Others
Citation: 2022 LiveLaw (PH) 222
The Punjab and Haryana High Court has held that in case the plaintiff in a suit for possession and mandatory injunction fails to satisfy the court regarding their right, title or interest in the suit land they cannot seek possession of the same or seek a mandatory injunction against the defendant-respondents qua the same.
S.7(i) Court Fees Act | Court Fee In Money Suits Is Payable According To Amount Claimed: Punjab & Haryana High Court
Case Title : Surender Kumar @ Salender Kumar v. Abid Khan And Others
Citation: 2022 LiveLaw (PH) 223
Punjab and Haryana High Court recently held that as per Section 7(i) of the Court Fees Act, 1870, where the suit is for money including suits for damages, compensation or arrears of maintenance, of annuities, or of other sums payable periodically, the Court fee is payable according to the amount claimed.
[Gutka Sahib Desecration Case] PH High Court Grants Bail To Lady Suffering From Schizophrenia, Bipolar Disorder
Case title - Ravinder Pal Kaur v. State of Punjab
Case Citation: 2022 LiveLaw (PH) 224
The Punjab and Haryana High Court on Monday granted bail to a lady, accused of tearing the pages of and dishonoring the holy text Gutka Sahib while taking into account the fact that she is ailing and suffering from Bipolar Disorder and Schizophrenia since 2017.
Case Title: Avnish Kumar Sharma @ Avinish Versus State of Haryana
Citation: 2022 LiveLaw (PH) 225
The Punjab and Haryana High Court recently acquitted a school teacher charged and sentenced under the POCSO Act, stating that it is highly improbable that a minor girl who has been sexually abused by her teacher on more than one occasion would not disclose this factum either to her parents or her teacher or any of her class fellows.
Covid Lockdown Violation: Punjab & Haryana HC Acquits Foreign-Return U/S 269 IPC In Absence Of Material To Show He Had Any Infectious Disease
Case Title : Sidak Singh Sandhu v. U.T. Chandigarh And Another
Citation: 2022 LiveLaw (PH) 226
Punjab and Haryana High Court recently quashed an FIR registered under Sections 188, 269 and 270 of the Indian Penal Code, 1860 (IPC) wherein the petitioner was apprehended by the Police for not informing Chandigarh Administration about his arrival from Canada, or getting in isolation or home quarantine during the period of Covid-19 lockdown in the country.
Insurance Company Not To Deduct TDS On Interest On Compensation Awarded To The Claimant Till 01.06.2015 : Punjab & Haryana High Court
Case Title: New India Assurance Company Limited versus Ravinder Kumar @ Vickey and others
Citation: 2022 LiveLaw (PH) 227
The Punjab and Haryana High Court has ruled that the Insurance Company is not required to deduct TDS on the interest on the compensation awarded to the claimant uptil 01.06.2015, even if the interest amount exceeds Rs. 50,000 per claimant in the financial year.
Case Title: Gaurav Raheja VERSUS State of Punjab and another
Citation: 2022 LiveLaw (PH) 228
The Punjab and Haryana High Court has held that a judicial order refusing permission to travel abroad would qualify as an "interlocutory order" and thus, revision against the same is barred under Section 397(2) of CrPC. The provision states that powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial, or other proceedings.
S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court
Case Title: Navjot Singh @ Jota Versus State Of Punjab
Citation: 2022 Livelaw (Ph) 229
Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset, and, sunrise.
DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court
Case Title: Sukhdev Singh and Others Versus Jaswinder Kaur
Citation: 2022 LiveLaw (PH) 230
Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent.
Case Title: Raman Kumar Versus State of Punjab
Citation: 2022 LiveLaw (PH) 231
Punjab and Haryana High Court has reiterated that in terms of Section 437(6) of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence.
The observation was made by Justice Jasjit Singh Bedi while dealing with a petition under Section 439 CrPC for the grant of regular bail in FIR registered against the Petitioner under Sections 420, 409, 120-B IPC for allegedly cheating multiple people to the extent of Rs.1,01,32,600 on the pretext of opening RD, FDR.
Change Of Counsel Is No Ground To Recall Witness U/S 311 CrPC: Punjab & Haryana High Court
Case Title: Rajinder Trehan. Versus M/s HDFC Bank Ltd.
Citation: 2022 LiveLaw (PH) 232
Punjab and Haryana High Court recently held that the change of counsel is no ground for recall of witness under Section 311 CrPC.
Case Title: National Insurance Company Limited Versus Roopa and others
Citation: 2022 LiveLaw (PH) 233
Punjab and Haryana High Court recently held that if the insurance policy does not cover owner and only covers third party then owner or any other person claiming under him cannot maintain petition under Section 163-A of the Motor Vehicles Act, 1988.
State Security Can't Be Demanded To Display Authority/ Flaunt Status: P&H High Court On Plea By Ex-Ministers/ MLAs, Orders Fresh Audit
Case Title: Om Prakash Soni Vs State of Punjab and others, and connected matters
Citation: 2022 LiveLaw (PH) 234
The Punjab and Haryana High Court on Monday directed the government to make fresh assessment in respect of security threats of 45 ex-Ministers, MPs and other persons who had approached the Court challenging orders of withdrawal, downgrading and de-categorization of State security cover.
S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court
Case Title: Mandeep Kaur Versus State of Punjab , with connected matters
Citation: 2022 LiveLaw (PH) 235
The Punjab & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'.
9. NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court
Case Title : Sanju v. State of Punjab
Citation: 2022 LiveLaw (PH) 236
Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner.
10. S.389 CrPC & S.148 NI Act Independent Of Each Other, Non-Compliance Of Latter Doesn't Jeopardize Suspension Of Sentence Pending Appeal: P&H High Court
Case Title: Amit Kumar (Deceased) through his LR's mother Smt. Sushila Devi v. State of Haryana and another
Citation: 2022 LiveLaw (PH) 237
Punjab and Haryana High Court recently held that Section 389 of CrPC and Section 148 of the Negotiable Instruments Act are independent of each other. Whereas Section 389 is meant for protecting the personal liberty of the convict, Section 148 is auxiliary or supplemental to the mandate carried in Section 389.
3. Abetment Of Suicide: P&H High Court Acquits Woman Accused Of Slapping Husband, Asking Him To Die Anywhere
Case Title: Kiran Kaur Versus State of Punjab
Citation:2022 LiveLaw (PH) 238
Punjab and Haryana High Court recently acquitted a woman convicted by the trial court for slapping her husband and asking him to die anywhere, thereby abetting his suicide.
4. Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case
Case title : Shri Ram v. State of Punjab
Citation:2022 LiveLaw (PH) 239
Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months.
Case Title : Sukhpal Singh Khaira v. State of Punjab and Another
Citation:2022 LiveLaw (PH) 240
The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.
Case Title : Raman Kumar v. State of Haryana and Another
Citation:2022 LiveLaw (PH) 241
The Punjab and Haryana High Court has made it clear that Section 311 CrPC, which makes provision for recall of material witnesses, is not meant to "cure defects" in the defence and thus, the defence counsel must remain "completely awakened" during cross-examination of witnesses.
Case title - Chaman Lal Chimnu v. State of Haryana [CRA-D-700-DB-2010]
Citation:2022 LiveLaw (PH) 242
The Punjab and Haryana High Court on Wednesday upheld the life sentence awarded to a man who had raped his own 12-year-old niece in the year 2008. Noting that the accused was the real uncle of the victim, the Court remarked thus:
"The factual matrix of this appeal is unfortunately related to a sordid and obnoxious incident, where the appellant, who is the real uncle of the victim, raped his niece, a girl child of the tender age of 12 years. The result was that the sacred relationship of uncle and niece was besmirched. Such offenders are a menace to the civilised society and have to be dealt with strictly as per law. It is an act, which is not only a blow to her supreme honour and offends her self-esteem and dignity, it degrades and humiliates the victim and where the victim is a helpless child or a minor, it leaves behind a traumatic experience. Such crime is not only a crime against a minor innocent child, rather it is a crime against the entire society."
Case Title : Gurjit Singh v. Kartar Singh and Another
Citation:2022 LiveLaw (PH) 243
The Punjab and Haryana High Court recently held that a period of 15 days that has been prescribed under Order 16 Rule 1 of CPC for the purpose of providing list of witnesses to the Court is directory in nature in view of Rule 16(3) which permits any party to summon any witness other than the witnesses named in the list.
Case Title: Anil Taneja versus State of Haryana and others
Citation:2022 LiveLaw (PH) 244
The Punjab and Haryana High Court has reiterated that criminal proceedings are not for realization of disputed dues. Thus, it dismissed a petition filed under Section 439(2) of CrPC seeking cancellation of anticipatory bail granted to the accused in connection with a partnership dispute and alleged recovery of money.
NDPS Act | Sample Parcels Sent To FSL Necessarily Required To Be Sealed & Produced In Court After Examination: Punjab & Haryana High Court
Case Title: Buta Khan Versus State Of Punjab
Citation:2022 LiveLaw (PH) 245
The Punjab and Haryana High Court recently held that the sample parcels of alleged contraband that is sent to Forensic Science Laboratory is "case property" and must be produced before trial Court under FSL seal, after the forensic examination is completed.
No Right To Exploit Fiancée Sexually Against Her Consent During The Period Intervening Engagement & Marriage: PH High Court
Case title - Sagar Kapoor v. State of Haryana [CRM-M-35393-2022 (O&M)]
Case Citation: 2022 LiveLaw (PH) 246
The Punjab and Haryana High Court has observed that merely because the parties are engaged and are meeting each other, it doesn't give any right or liberty to the proposed bridegroom to sexually exploit the fiancée without her consent.
Handwriting Expert's Opinion About Suicide Note Becomes Doubtful If IO Does Not Depose About Sourcing Admitted Writings Of Deceased: P&H High Court
Case Title : Ravi Bharti v. State of Haryana
Citation:2022 LiveLaw (PH) 247
The Punjab and Haryana High Court has held that the opinion of a Handwriting expert regarding a suicide note having been written by the deceased cannot be a conclusive proof if the person (Police), who sourced and handed over admitting writings of the deceased for examination, fails to disclose such fact in its evidence.
9. S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court
Case Title: Amit Khurana Versus State Of Haryana
Citation:2022 LiveLaw (PH) 248
Punjab and Haryana High Court recently held that Section 67 of the NDPS Act, does not expressly oust the clout of Section 27 of the Indian Evidence Act, and, as such saves its operation to offences constituted under the NDPS Act.
10. JJ Act | "Heinous Offence" Is One Where Peremptorily Punishment Is Imprisonment Upto 7 Yrs Or More: Punjab & Haryana High Court
Case Title : Suhail Ahmed v. State of Haryana
Citation :2022 LiveLaw (PH) 249
Punjab and Haryana High Court recently held that when the accused had, while committing the offence of lurking house trespass by night or house-breaking by night, also voluntarily caused or attempted to cause death, then the convicting Court can per-emptorily impose a sentence of life imprisonment, upon the juvenile in conflict with law.
Case Title: Sardar Bhupendar Singh v. MS Green Feeds through its partner Vipin Kumar
Citation :2022 LiveLaw (PH) 250
The Punjab and Haryana High Court recently held that when a cheque issued by a sole proprietary entity is dishonoured, it is necessary to array the proprietary concern as an accused, along with the sole proprietor.
12. No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court
Case Title : Dr. Priyanka Dahiya v. Dr. Manish Raj
Citation :2022 LiveLaw (PH) 251
The Punjab and Haryana High Court recently held that in terms of Section 38 of the Special Marriage Act, a father can approach the Family Court which passed the decree of divorce based on mutual consent under Section 28 of the Special Marriage Act, for seeking custody of the child living with the mother.
13. Sippy Sidhu Murder Case: Punjab And Haryana High Court Grants Bail To Accused Kalyani Singh
Citation: 2022 LiveLaw (PH) 252
The Punjab and Haryana High Court has granted bail to Kalyani Singh, who is the daughter of Himachal Pradesh High Court judge, Justice Sabina, in connection with the 2015 Sippy Sidhu murder case.
14. Effect Of Magistrate's Deposition In Favour Of Dying Declaration Can Be Eroded Only By An Efficacious Cross-Examination: Punjab & Haryana HC
Case Title : Jhirmal Singh and others v. State of Punjab
Citation: 2022 LiveLaw (PH) 253
The Punjab and Haryana High Court recently held that the effect of a Magistrate's deposition in favour of a dying declaration can be eroded only when an efficacious cross-examination is conducted.
15. Covenanted Contractual Levies Cannot Be Undone By Govt Through Any Unilaterally Made Notification: Punjab & Haryana High Court
Case Title: Sushil Kumar Versus The State of Punjab and others , with connected matters
Citation: 2022 LiveLaw (PH) 254
Punjab and Haryana High Court while dealing with writ petitions challenging a notification recently held that the statutory provisions of the Northern India Canal, and, Drainage Act, 1873 pertain only to occupiers of the apposite land using water for cultivating crops. Hence, it cannot apply to industrial units.
17. Punjab & Haryana HC Allows Father's Appeal Against Conviction For Teenage Daughter's Murder; Rejects Mother's Testimony
Case Title: Surinder Pal Vs. State of Punjab
Citation: 2022 LiveLaw (PH) 255
The Punjab and Haryana High Court has allowed the criminal appeal preferred by a father who was convicted by a Sessions Court in Jalandhar for the murder of his teenage daughter.
18. Increased Acquittals: High Court Sets 1-Year Outer Limit To Establish Fully Equipped Forensic Labs In Punjab, Haryana & Chandigarh
Case Title: Amandeep Singh Versus State Of Punjab And Ors.
Citation: 2022 LiveLaw (PH) 256
The High Court has directed the governments of Punjab, Haryana and Chandigarh UT to establish fully equipped Forensic Science Laboratories, keeping in mind the increase in crime rate and the need for forensic evidence in criminal trials.
19. Can't Quash POCSO Act Offence On The Basis Of Compromise/ Matrimony Between Accused & Victim: Punjab & Haryana High Court
Case title - Nardeep Singh Cheema @ Navdeep Singh Cheema v. State of Punjab and others [CRM-M-2270-2020]
Case Citation: 2022 LiveLaw (PH) 257
The Punjab and Haryana High Court has observed that an offence under POCSO Act, which is a special statute, cannot be quashed on the basis of any compromise or matrimony between the accused and the prosecutrix.
No Statutory Right: P&H High Court Dismisses Judges' Pleas Seeking Re-Determination Of Inter-Se Seniority By Counting Ad-Hoc Service
Case Title: Rajneesh Bansal & Anr V/S State Of Haryana & Ors And Other Connected Matter
Citation: 2022 Livelaw (Ph) 258
The Punjab and Haryana High Court recently dismissed a petition filed by different categories of judges claiming seniority over and above recruits from other sources. The petitions were filed seeking re-determination of inter-se seniority of judges by counting the time spent in their ad-hoc service. The petitioners claiming seniority over other recruits belonged to three categories: (a) judges of the fast-track courts who were absorbed in regular service from ad-hoc positions; (b) promotee Judges falling in the category of accelerated promotion for seniority, and (c) direct recruit Additional District Judges.
[JJ Act] No Fundamental or Statutory Right To Pursue Higher Education Outside India, Juvenile's Right To Travel Abroad Can Be Curtailed: Punjab And Haryana High Court
Title: Rxxxxx Dxxxxx Versus State of Haryana
Citation: 2022 LiveLaw (PH) 259
The Punjab and Haryana High Court has held that an undertrial or a juvenile who is in conflict with law does not have any fundamental or statutory right to pursue higher education abroad.
Right To Free Speech & Trade Not Violated: P&H HC Upholds SEBI's License Requirement For Analysts Sharing Stock-Related Info On Social Media
Case Title: Manish Goel v. Securities & Exchange Board of India Through its Chairman & Anr.
Citation: 2022 LiveLaw (PH) 260
The Punjab and Haryana High Court has held that a requirement by the Securities & Exchange Board of India (SEBI) for its Research Analysts to obtain a license for sharing stock-related recommendations on social media is not violative of their Constitutional right to free speech and trade.
'Abused & Denied Even Basic Dignity, Mere Submission Will Not Constitute Consent': Punjab and Haryana High Court Upholds Conviction Of Two In OP Jindal Rape Case
Citation: 2022 LiveLaw (PH) 261
Upholding the conviction and sentence of two men in the 2015 OP Jindal University rape case, the Punjab and Haryana High Court has reiterated that in a situation where the victim has no other option but to submit to the demands of the perpetrator, the mere submission on her part will not constitute 'consent' and thus the case will fall within the meaning of rape.
Case Title: Roop Lal Vs. State of Punjab
Citation: 2022 LiveLaw (PH) 262
Punjab and Haryana High Court while dealing with a case of father raping minor daughter, held that the conviction for the offence under Section 376 of IPC can be based on the sole testimony of the rape victim.
2. No Bar For Grant Of Anticipatory Bail If Person Is Residing Abroad: Punjab & Haryana High Court
Citation: 2022 LiveLaw (PH) 263
Punjab and Haryana High Court while dealing with a petition under Section 438 CrPC for grant of pre-arrest bail to the petitioner in an FIR registered under Sections 306 IPC for abetment of suicide, held that merely because an accused resides abroad is no ground to deny anticipatory bail.
Indian Banking Entities Can't Request "Look Out Circular" For Recovery of Dues Owed To Their Foreign Sister Concerns: P&H High Court
Case Title: Vikas Aggarwal and Anr v. Union of India & Ors
Citation: 2022 LiveLaw (PH) 264
On issuance of Look Out Circulars, the Punjab and Haryana High Court recently held that an LOC could not be requested by Indian banks to recover the dues owed to their foreign sister concerns.
Case title - X v. State of Haryana and Others
Case Citation: 2022 LiveLaw (PH) 265
The Punjab and Haryana High Court has observed that it would be a travesty of justice if the statement of the prosecutrix is held to be gospel truth and the Courts are bound to hold someone guilty just because there is an allegation by the prosecutrix.
4. "Child Rape Worst Form Of Lust For Sex, Nothing More Obscene, Barbaric Than It": Punjab & Haryana High Court Dismisses Convict's Appeal
Case title - Manoj Kumar v. State of Haryana [CRA-D-825-DB-2012 (O&M)]
Case Citation: 2022 LiveLaw (PH) 266
Refusing to overturn a judgment of the trial court convicting an accused of raping and murdering a 9-year-old girl, the Punjab and Haryana High Court recently observed that child rape cases are the cases of the worst form of lust for sex, where children of tender age are not even spared in the pursuit of sexual pleasure.
Mandatory To Show Wife Was Living In Adultery Shortly Before Or After Moving Maintenance Plea To Disentitle Her To Relief: PH High Court
Case title - Amit Kumar Yadav v. Suman Devi and others [CRR(F)-384-2021 (O&M)]
Case Citation: 2022 LiveLaw (PH) 267
The Punjab and Haryana High Court has observed that unless it is found that at the relevant point of time, the wife was actually living in adultery, she is not disentitled to claim maintenance. The Court further opined that the material on record must indicate that the wife was living in adultery shortly before or after the petition of maintenance has been instituted.
"Motherhood Is Innate; Forcing Wife To Terminate Pregnancy Against Her Will Amounts To Cruelty": Punjab And Haryana High Court
Case title - Renuka v. Shelly Kumar [FAO 6740 of 2018]
Case Citation: 2022 LiveLaw (PH) 268
Stressing that motherhood is innate, natural, and fulfilling to every woman, the Punjab and Haryana High Court has observed that forcing a wife to terminate her pregnancy against her will constitutes cruelty.
Court Should Secure Personal Liberty Of An Under Trial Where Trial Is Delayed For No Fault On His Part: Punjab & Haryana High Court
Case Title - Gurbir Singh V. State Of Punjab
Case Citation: 2022 Livelaw (Ph) 269
The Punjab and Haryana High Court recently stressed that when an under trial has been in custody for a significant period of time and the trial is being held up for no fault on his part, the Courts cannot be expected to be a mute spectator and should rather unhesitatingly interfere for securing the personal liberty of an under trial.
Punjab and Haryana High Court Quashes FIRs against Tajinder Pal Singh Bagga, Kumar Vishwas
Title: Tejinder Pal Singh Bagga V/S State Of Punjab And Another
Citation: 2022 Livelaw (PH) 270
The Punjab and Haryana High Court on Wednesday quashed an FIR against the BJP leader Tajinder Pal Singh Bagga, who was accused by Punjab Police of spreading misinformation and communal disharmony, and posting inflammatory statements against Delhi Chief Minister Arvind Kejriwal.
Execution Of Arbitral Award Is To Be Filed In The Seat Court And Not At The Place Of Land Acquired: Punjab And Haryana High Court
Case Title: NHAI v. Yashpreet Singh, CR NO. 259 of 2022 (O&M)
Citation: 2022 LiveLaw (PH) 271
The Punjab and Haryana High Court has held that execution of an arbitral award passed under the NHAI Act is to be filed at the Seat Court and not where the acquired land is situated.
"Filing False Cases Against Husband Is Cruelty": PH High Court Grants Divorce To Man, ₹18 Lakh As Permanent Alimony To Wife
Case title - Ratandeep Singh Ahuja v. Harpreet Kaur [FAO-M-182 of 2017]
Case Citation: 2022 LiveLaw (PH) 272
The Punjab and Haryana High Court recently decreed a divorce plea filed by a man on account of the desertion and cruelty meted out to him by his wife, who filed false and frivolous cases against him.
Inconclusivity Of Blood Stains Not Relevant When Disclosure Statement & Link Of Other Circumstantial Evidence Stands Proven: Punjab & Haryana HC
Case Title: Anil Versus State of Haryana
Citation: 2022 LiveLaw (PH) 273
The Punjab and Haryana High Court while dealing with a case of murder based on circumstantial evidence, affirmed lower court's decision finding chain of circumstances conclusively proving the guilt of accused-Appellant.
246 CrPC | Accused Failure To Cross-Examine Pre-Charge Prosecution Witnesses Does Not Relieve Complainant From Adducing Post-Charge Evidence: P&H High Court
Case Title: Harjinder Singh Versus Karnail Singh And Others
Citation: 2022 Livelaw (Ph) 274
The Punjab and Haryana High Court has held that post framing of charges, the accused has a choice under Section 246(4) CrPC to test the veracity of the pre-charge evidence adduced by a complainant by cross-examining the prosecution witnesses.
Which Sikh Guru Wrote 'Anand Karaj'? Punjab and Haryana HC Refers Question To Expert Committee In Service Matter
Title: Prabhjot Kaur And Another Versus State Of Punjab And Others
Citation: 2022 Livelaw (Ph) 275
Which Sikh Guru has written 'Anand Karaj'? The question asked by the Punjab Police department in an exam held for promotion of Constables to Head Constables has been referred by Punjab and Haryana High Court to an Expert Committee.
Minor Muslim Girl Over 15 Yrs Of Age Free To Marry Person Of Her Choice, Marriage Not Void Under Child Marriage Prohibition Act: P&H High Court
Case Title: Javed v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 276
The Punjab and Haryana High Court has reiterated that Muslim female aged 15 years and above can marry a person of her choice on her own willingness and consent, and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.
Punjab And Haryana High Court Acquits Patwari Convicted For Taking ₹2500 Bribe In 2002
Case Title: Parveen Kumar v. State of Haryana
Citation: 2022 LiveLaw (PH) 277
The Punjab and Haryana High Court recently acquitted a public servant convicted for accepting bribe in a case under Prevention of Corruption Act, 1988, on the ground that evidence of 'demand' and 'acceptance' of bribe was not available.
Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court
Case Title: Sudhir Kumar versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 278
Punjab and Haryana High Court, while dealing with a writ petition against denial of compassionate appointment over 19 years delay, observed that compassionate appointment should not be treated as a "reservation" of any kind.
"Filing False Cases Against Husband Is Cruelty": P&H High Court Grants Divorce To Man, ₹10 Lakh As Permanent Alimony To Wife
Case title - Joginder Singh v. Rajwinder Kaur [FAO-M-12 of 2017(O&M)]
Case Citation: 2022 LiveLaw (PH) 279
The Punjab and Haryana High Court recently decreed a divorce plea filed by a man after holding that the act of the wife of filing false and frivolous cases against her husband amounted to cruelty.
'Drug Peddlers Have Successfully Destroyed Social Fabric Of Our Society': Punjab and Haryana High Court
Case Title: Davinder Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 280
Rejecting the bail application of an accused whose disclosure had allegedly led to recovery of about 10 kilograms of heroin, the Punjab and Haryana High Court recently observed that the drug peddlers have successfully destroyed the social fabric of society and led youth to the wrongful path.
Why Should State Exchequer Bear Z+ Security Expenses: P&H HC Allows Navjot Singh Sidhu To Appear Through Video Conferencing
Case Title: Navjot Singh Sidhu v. Balwinder Singh Sekhon and Another
Citation: 2022 LiveLaw (PH) 281
While hearing a petition filed by Navjot Singh Sidhu for quashing the order of Chief Judicial Magistrate, Ludhiana ordering him to appear in person for adducing pre-summoning preliminary evidence, the Punjab and Haryana High Court ordered for his appearance through video conferencing.
Punjab & Haryana High Court Dismisses Plea Filed Challenging CIC Order Denying PM CARES Fund Details
Citation: 2022 LiveLaw (PH) 282
The Punjab and Haryana High Court recently dismissed a plea that was moved challenging an order of the Chief Information Commission denying information sought for regarding the PM CARES Fund details.
Punjab & Haryana High Court Denies Permanent Alimony Under Hindu Marriage Act To Wife Living In Adultery
Case Title: ABC v. XYZ and Anr.
Citation: 2022 LiveLaw (PH) 283
The Punjab and Haryana High Court recently denied permanent alimony to a wife living in adultery, after a divorce decree was passed on the very ground of such adultery.
Taunting Polio-Stricken Husband's Disability, Snatching His Crutches, Pushing & Throwing Him Around Is The Most Inhumane Kind Of Cruelty: P&H HC
Case Title: Karamjit Singh v. Davinder Kaur
Citation: 2022 LiveLaw (PH) 284
The Punjab and Haryana High Court, while disposing of an appeal filed by the husband, held that the act of the respondent-wife in taunting the husband's physical disability, snatching his crutches and manhandling and throwing him around, amounted to both physical and mental cruelty.
Parking Services Of Cycle, Scooters Doesn't Attract Service Tax: Punjab & Haryana High Court
Case Title: Sham Lal Versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 285
The Punjab and Haryana High Court has held that the service tax is not payable on the parking services for cycles and scooters.
The single bench of Justice Vinod S. Bhardwaj directed the department to release the security amount along with the interest within four weeks.
Punjab & Haryana HC Grants Relief To Candidate Declared 'Unfit' For Constable Post Based On Criminal Case Against Father
Case Title: Jagdeep Singh v. State Of Punjab And Another
Citation: 2022 LiveLaw (PH) 286
Punjab and Haryana High Court came to the aid of a candidate who was denied appointment to the post of Police Constable citing criminal antecedents, on the ground that he was neither named in the alleged FIR, nor summoned or charge-sheeted.
OVI R17 CPC | P&H High Court Sets Aside Trial Court Order Allowing Amendment To Pleadings After Dismissal Of Suit
Case Title: Paramjit Singh Versus Punjab Wakf Board, Chandigarh
Citation: 2022 LiveLaw (PH) 287
Punjab and Haryana High Court recently allowed a revision petition and set aside the order of the lower appellate Court vide which it allowed respondent/plaintiff's application under Order VI Rule 17 CPC for amendment of the plaint, after dismissal of suit.
"Obesity Root Cause Of All Diseases": Punjab & Haryana High Court Grants Bail To Money Laundering Accused Weighing 153 Kg
Case title - Pranjil Batra v. Directorate of Enforcement [CRM-M-23705-2022 (O&M)]
Case Citation: 2022 LiveLaw (PH) 288
The Punjab and Haryana High Court has granted bail to a Money Laundering accused noting that he is an 'obese' person who weighs 153 kg and hence, considering his co-morbidities, his case would fall within the exception of being "sick" as carved out in the first proviso to Section 45 (1) of the Prevention of Money Laundering Act, 2002.
Meeting One's Family Most Important Facet Of Right To Life: P&H High Court Grants 8 Weeks Parole To NDPS Convict
Case Title: Babbu Singh alias Tidda v. State of Punjab and Others
Citation: 2022 LiveLaw (PH) 289
Meeting one's family is one of the most important facets of right to life and thus, said ground for parole is legal and valid and in accordance with law, the Punjab and Haryana High Court has observed.
Mentally Ill Mother Entitled To Custody Of Child Below 5 Yrs Unless Mental Illness Such That It Would Be Detrimental To Child's Health: P&H High Court
Case Title: Mansi v. State of Punjab and Others
Citation: 2022 LiveLaw (PH) 290
The Punjab and Haryana High Court on Monday, while disposing of a habeas corpus petition filed by a mother alleging illegal detention of her 2 years old child at the hands of her husband and in-laws, held that a mother, even if she is mentally ill, is entitled to the custody of a minor child, especially if the child is below the age of 5 years, unless the mental illness is such that it shall be detrimental to the health of the child.
Mere Registration Of FIR Cannot Render A Candidate Ineligible For Public Appointment: Punjab and Haryana High Court
Case Title: Mandeep Kaur v. Canara Bank and Another
Citation: 2022 LiveLaw (PH) 291
Directing Canara Bank to issue appointment letter to a woman, whose offer letter was cancelled in 2018 on the ground of a pending FIR, the Punjab and Haryana High Court said mere registration of a criminal case against a candidate can never be a ground for denying the right to participate in a recruitment process and to secure a public appointment.
Manufacturing Ingenuine Insecticides & Pesticides Serious Offence; Affects Human & Cattle Health: Punjab & Haryana HC Refuses Pre-Arrest Bail
Case Title: Sandeep Kumar and Another v. State of Haryana
Citation: 2022 LiveLaw (PH) 292
The Punjab and Haryana High Court recently rejected anticipatory bail plea filed by two persons who were found with heavy quantities of pesticides and insecticides, along with mixing machines and various other manufacturing equipment, upon a raid by the investigating authority.
Punjab & Haryana HC Protects Deepak Chaurasia From Arrest In POCSO Case, Directs Him To Appear In Trial Court
Case Title: Pappu Bawariya and Anr. v. District Collector Civil Station and Ors.
Citation: 2022 LiveLaw (PH) 293
The Punjab and Haryana High Court Thursday stayed the arrest of news anchor Deepak Chaurasia in a POCSO Act case and directed him to appear before the trial court in Gurgaon on or before November 17.
Subsequent Consulting Agreements Prescribing Arbitration Do Not Bind Parties When MoU Forming Basis Of Claim Doesn't Contain Arbitration Clause: P&H High Court
Case Title: M/s Soben Contract and Commercial Ltd. VERSUS M/s Qonquests Technical Solutions Pvt. Ltd. and others
Citation: 2022 LiveLaw (PH) 294
Punjab and Haryana High Court recently held that where the claim of a party to an agreement is based upon a Memorandum of Understanding which does not contain an arbitration clause, the Court is not required to refer the matter merely because the subsequent Consulting Agreements executed by the parties contemplate arbitration.
Punjab & Haryana HC Refuses To Entertain PIL Challenging Gurmeet Ram Rahim's Parole; Govt To Decide Representation
Case Title: H.C. Arora v. State of Haryana
Citation: 2022 LiveLaw (PH) 295
The Punjab and Haryana High Court on Monday refused to entertain a public interest litigation challenging the Dera Sacha Sauda Chief Gurmeet Ram Rahim Singh's 40-day parole.
Subcontracting For A Service Is Not An "Intermediary" Service: Punjab and Haryana High Court orders Refund
Case Title: Genpact India Pvt. Ltd. Versus Union of India and others
Citation: 2022 LiveLaw (PH) 296
The Punjab and Haryana High Court has quashed a demand by the GST Department against Genpact India and held that subcontracting for a service is not an "intermediary" service.
Practice Of Duping Innocent People On Pretext Of Sending Them Abroad 'Rampant': Punjab And Haryana High Court
Case title - Sarabjit Kaur v. State of Punjab [CRM-M-52017-2022]
Case Citation: 2022 LiveLaw (PH) 297
The Punjab and Haryana High Court has observed that the practice of duping innocent people on the pretext of sending them abroad is rampant and the same is required to be curbed with an iron hand to save such innocent people.
P&H High Court Dismisses Husband's Plea Seeking Appointment Of Local Commissioner In Divorce Case For Wife's Medical Test
Case Title: Vishal Vashisht v. Nitasha Sharma
Citation: 2022 LiveLaw (PH) 298
The Punjab and Haryana High Court has rejected a husband's petition seeking appointment of a Local Commissioner in divorce proceedings for getting expert opinion with regard to an illness of his wife.
Lease Amount Recovery Dispute Can Be Adjudicated By Arbitrator: Punjab & Haryana HC
Case Title: Rohit Sawhney v. M/s DLF Power and Services Ltd.
Citation: 2022 LiveLaw (PH) 299
Appointing an arbitrator in a case of non-payment of rent accruing out of a lease deed between the parties, the Punjab and Haryana High Court recently said that a dispute related to recovery of lease amount in terms of lease agreement does not fall within the exclusive jurisdiction of Rent Controller and can be adjudicated by the Arbitrator.
Right To Speedy Trial: NDPS Accused Allegedly Found With 500Kg Contraband Gets Bail From Punjab & Haryana High Court After 3 Yrs
Case Title: Naib Singh v. State of Haryana
Citation: 2022 LiveLaw (PH) 300
The Punjab and Haryana High Court has granted bail to a man, allegedly found in conscious possession of 500 kgs of poppy husk without any licence, after three years of custody as an undertrial.
"Charge Only 50% Of Hostel Rent From Students For COVID Period": P&H High Court Directs RGNUL To Refund Additional Amount
Case title - Aditya Kashyap and others v. State of Punjab and another [LPA-716-2022]
Case Citation: 2022 LiveLaw (PH) 301
The Punjab and Haryana High Court on Monday directed the Rajiv Gandhi National University of Law, Patiala to charge only 50% of the hostel rent from the students for the COVID period and would refund the remaining amount to the students (if so deposited) within a period of four weeks.
Accused Entitled Only To 'List' Of Documents Not Relied Upon By Investigating Agency At Commencement Of Trial: Punjab & Haryana High Court
Case Title: Ashok Solomon v. Directorate of Enforcement and M/S QVC Realty Company Limited and Another v. Directorate of Enforcement
Citation: 2022 LiveLaw (PH) 302
The Punjab and Haryana High Court has held that at commencement of trial, an accused person is entitled to a list of those documents which are not relied upon by the Investigating agency. However, the accused cannot seek that the unrelied documents themselves should be supplied to him/her.
Distinction Between Residential & Commercial Building For Ejectment U/S 13A East Punjab Urban Rent Restriction Act Watered Down By S.18A: High Court
Case Title: Pritpal Singh versus Sh.Aman Kumar
Citation: 2022 LiveLaw (PH) 303
Punjab and Haryana High Court has held that a conjunctive reading of Section 13A and Section 18A of the East Punjab Urban Rent Restriction Act, 1949, reveals that a retired landlord's right to recovery (of property) under Section 13A is not limited to residential or scheduled buildings only.
"Further Incarceration Would Be Violative Of Article 21": PH High Court Grants Bail To NDPS Accused In Jail For Over 2.5 Yrs
Case title - Sandeep Singh @ Sonu v. State of Punjab [CRM-M-34488-2022 (O&M)]
Case Citation: 2022 LiveLaw (PH) 304
The Punjab and Haryana High Court on Wednesday granted bail to a man booked under the NDPS Act for allegedly possessing 2kg of Heroin in view of his custody period of over 2.5 years and observing that his further incarceration would be violative of Article 21 of the Constitution of India.
IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps
Case Title: Faqir Chand v. State of Punjab and Others
Citation: 2022 LiveLaw (PH) 305
The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. ASI Kewal Singh even ignored the arrest warrant issued against him.
Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks
Case Title: Mrs. X v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 306
Allowing a 17-year-old rape victim to get her pregnancy of 26 weeks terminated at a hospital, the Punjab and Haryana High Court recently observed that the child, if born, would be a reminder of trauma and agony for the minor.
Master's In Public Administration & Political Science Inter-Changeable: Punjab & Haryana High Court
Case Title: Yudhvir v. Reena and Others
Citation: 2022 LiveLaw (PH) 307
While deciding in favour of a candidate holding Master's in Public Administration, who was denied appointment to the post of 'Assistant Professor, Political Science' by a single bench of the Punjab and Haryana High Court, a division bench of Justice G.S. Sandhawalia and Justice Jagmohan Bansal has now held 'Master's in Public Administration' to be inter-changeable with 'Master's in Political Science,' for the purposes of appointment to a post, otherwise subject to the prerogative of a given university.
Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is 'Abysmally Low' In Our Country, : PH High Court
Case title - Harinder Singh @ Harry v. State of Punjab [CRM-M-51476-2022]
Case Citation: 2022 LiveLaw (PH) 308
While quashing a lower court's order canceling the bail of a murder accused, the Punjab and Haryana High Court last week observed that the imprisonment of the accused before his/her conviction becomes a sort of punishment in view of abysmally low rate of conviction in our country.
FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet
Case Title: Mukesh Pal @ Makhan Versus State of Haryana
Citation: 2022 LiveLaw (PH) 309
Punjab and Haryana High Court has reiterated that the report of Forensic Science Lab forms the foundation of prosecution case in NDPS proceedings and in case the same is not there the entire case of prosecution falls to ground.
[Entry Tax Evasion] Punjab & Haryana High Court Says Provisions Of IPC Cannot Be Invoked Since VAT Act Does Not Provide For Registration Of FIR
Case Title: Deepak Kumar Versus State Of Punjab
Citation: 2022 LiveLaw (PH) 310
Punjab and Haryana High Court has held that since the provisions of the VAT Act do not provide for the registration of the FIR and the said Act is a Code in itself, the provisions of the IPC also cannot be invoked.
[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools
Case Title: Jayant Kumar (Minor) versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 311
Punjab and Haryana High Court, while dealing with a case where the petitioner questioned deletion of Rule 134A of the Haryana School Education Rules, 2003 on the ground that it was not laid before the House of the State Legislature for prior approval which is a requirement under Section 24 of the Haryana School Education Act, 1995, upheld the State Gazette Notification publishing such deletion.
Punjab & Haryana High Court Directs Police To Ensure Safety Of 'Major-Minor' Live-In Couple
Case Title: Naveen and Another v. State of Punjab and Others
Citation: 2022 LiveLaw (PH) 312
The Punjab and Haryana High Court has directed the police to ensure safety of a 22-year-old man and a 17-year-old girl, who are in a live-in relationship.
"No Change In Haryana Govt's Attitude": High Court Sets Aside Order Condoning 3 Yrs Delay In Filing Appeal On Ground That Case Files Were Lost
Case Title: Rohitash Yadav v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 313
The Punjab and Haryana High Court on Wednesday slammed the Haryana government for paying no heed to the Limitation Act and causing inordinate delays in preferring appeals.
VAT Act Do Not Provide For The Registration Of FIR: Punjab And Haryana High Court Quashes FIR For Alleged Tax Evasion
Case Title: Deepak Kumar Versus State of Punjab
Citation: 2022 LiveLaw (PH) 314
The Punjab and Haryana High Court has held that the provisions of the VAT Act do not provide for the registration of the FIR, and since the VAT Act is a code in itself, the provisions of the IPC also cannot be invoked. Therefore, an FIR could not have been registered against a person who has allegedly evaded tax.
Working Of Judicial System Painfully Slow, Creates Frustration Amongst People Seeking Justice: Punjab & Haryana High Court
Case title - Rattan Singh @ Rattan Lal v. Bhirawan Bai and others
Case Citation: 2022 LiveLaw (PH) 315
Deploring an 'executing court' for its insensitive approach, the Punjab and Haryana High Court recently observed that the working of our judicial system is painfully slow and sluggish, which creates frustration amongst the people seeking justice.
P&H High Court Grants Bail To Relative Of Alleged Gangster Sampat Nehra Accused Of Receiving Ransom Money
Case title - Manjit Singh @ Sonu .v. State Of U.T. Chandigarh
Case Citation: 2022 LiveLaw (PH) 316
The Punjab and Haryana High Court last week granted bail to a relative (brother-in-law) of alleged Gangster Sampat Nehra accused of receiving ransom money in his bank account.
18 Adjournments Taken After Framing Of Charges; Reasons To Believe He's Not Guilty: P&H High Court Grants Bail To Accused In NDPS Case
Case Title: Sumit Khatri v. State of Punjab
Citation: 2022 LiveLaw (PH) 317
Granting bail to an accused in a case involving recovery of 500 grams of heroin – which qualifies as 'commercial quantity' under the NDPS Act, the Punjab and Haryana High Court said his argument that he has been falsely implicated in the case gets substantiated from the fact that on 18 dates, no prosecution witness came forward for deposition before the trial court.
S.13A Public Gambling Act Non-Cognizable Offence, Raid Conducted Without Magistrate's Permission Sufficient Ground To Quash Case: Punjab & Haryana HC
Case Title: Saurabh Verma v. State Of Punjab
Citation: 2022 LiveLaw (PH) 318
Punjab and Haryana High Court recently observed that a person said to be involved in betting and gambling under Section 13A Public Gambling Act, 1867 commits a non-cognizable offence and any investigation thereof requires prior permission from Magistrate under Section 155 CrPC.
Punjab & Haryana High Court Grants Interim Bail To NDPS Act Accused To Look After Wife Expecting A Child
Case title - Rajan Sondhi v. Union of India and another [CRM-M-56874-2022 (O&M)]
Case Citation: 2022 LiveLaw (PH) 319
The Punjab and Haryana High Court on Thursday granted interim bail to an Accused booked under the NDPS Act to accompany his pregnant wife whose delivery date is soon due.
2020 Chandigarh Singla Firing Case: Punjab & Haryana High Court Grants Bail To Alleged Aids Of Bishnoi Gang
Case title - Kulwinder Singh @ Kala vs. Union Territory, Chandigarh, and a connected matter
Case Citation: 2022 LiveLaw (PH) 320
The Punjab and Haryana High Court on Thursday granted bail to two alleged members of the Lawrence Bishnoi Gang accused of aiding 4 men who opened fire at liquor baron Arvind Singla's brother's house in Chandigarh in May 2020.
Centre & State Battling In Court Doesn't Reflect Well: Punjab & Haryana HC Constitutes High Power Committee To Resolve Power Department Dispute
Case Title: Nuclear Power Corporation of India Ltd v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 321
In a recent dispute where a Central Government entity moved Punjab and Haryana High Court against Haryana Government through a writ, the High Court expressed its worries on the matter not reflecting well on the federal arrangement and ordered for constitution of a High Powered Committee to deal with their disputes.
'Illegal Mining Has Irreparable Effect On Environment, No Leniency Can Be Shown': P&H HC Rejects Tractor-Owner's Pre-Arrest Bail Plea
Case Title: Satya Nand v. State of Punjab
Citation: 2022 LiveLaw (PH) 322
The Punjab and Haryana High Court recently rejected an anticipatory bail plea of a tractor-owner who apprehended arrest in a case of illegal sand mining in Punjab's Hoshiarpur, citing the adverse and irreversible impacts which such activities were causing to the environment.
Punjab & Haryana HC Sets Aside Order Striking Off Wife's Defence In Divorce Case, Deters Hyper-Technical Approach In Matrimonial Litigation
Case Title: Simrit Gulani v. Anil Gulani
Citation: 2022 LiveLaw (PH) 323
The Punjab and Haryana High Court has reiterated that Courts must adopt a practical approach while dealing with matrimonial litigation, instead of approaching the case in a hyper-technical manner. This is because matrimonial disputes ultimately affect families and human relationships.
Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC
Case Title: Secretary, DAV College Managing Committee and another vs. District Judge, Karnal and others
Citation: 2022 LiveLaw (PH) 324
Punjab and Haryana High Court recently reiterated that apart from the claim of "equal pay for equal work" under Article 39 of the Constitution of India, the concept of equality will also apply to temporary employees and they can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same duties.
Punjab & Haryana HC Denies Bail To Gurgaon Woman Who Filed 9 FIRs Against Different Men Alleging Sexual Offences
Case Title: AB v. State of Haryana
Citation: 2022 LiveLaw (PH) 325
The Punjab and Haryana High Court has denied bail to a Gurgaon woman who lodged 9 FIRs within a span of around 14 months accusing different boys of committing sexual offences with her, purportedly to extort money from them.
Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
Case Title: Vinod Bindal v. State of Haryana
Citation: 2022 LiveLaw (PH) 326
The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.
'State Choosing To Proceed In Leisurely Fashion': Punjab & Haryana High Court Grants Bail To Accused In UAPA Case
Case Title: Jasbir Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 327
The Punjab and Haryana High Court recently granted bail to a person who had been in custody for two and a half years in a UAPA case.
'Intention To Cause Disorder Essential For Invoking Section 153-A': Punjab and Haryana High Court Grants Bail To Congress Leader
Case Title: Karamjit Singh Gill v. State of Punjab
Citation: 2022 LiveLaw (PH) 328
Observing that intention to cause disorder or incite people to violence is the sine qua non for the offence under Section 153-A, the Punjab and Haryana High Court has granted bail to Congress Leader Karamjit Singh Gill, who was arrested in August for wearing a t-shirt with picture of 1984 riots-accused Jagdish Tytler at Golden Temple.
No Departmental Action Against Retired Employee For Event That Occurred Four Years Prior To Issuance Of Chargesheet: Punjab & Haryana HC
Case Title: Raj Pal v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 329
The Punjab and Haryana High Court recently quashed the departmental proceedings initiated against a retired police inspector from Haryana in 2021 for an alleged misconduct which took place between 1986-88.
Punjab & Haryana HC Allows Kidney Swap Transplant Between Persons Not 'Near Relatives', Says Can't Afford Loss Of Life Due To Technicalities
Case Title: Ajay Mittal and Others v. Union of India and Another
Citation: 2022 LiveLaw (PH) 330
The Punjab and Haryana High Court has recently allowed 'swap transplantation' of kidneys between persons not related to each other as per the definition of 'near relatives' under the Transplantation of Human Organs and Tissues Act, 1994.
Husband Not Entitled To Retain Dowry Articles If Convicted Of Murdering Wife: Punjab & Haryana High Court
Case Title: Sandeep Tomar v. State of Punjab
Citation: 2022 LiveLaw (PH) 331
The Punjab and Haryana High Court on Monday held that a husband convicted for killing his wife shall not be entitled to claim ownership over the dowry articles received at the time of marriage in view of the Dowry Prohibition Act, 1961.
Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
Case Title: Sukhwinder Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 332
The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants.
Punjab And Haryana High Court Grants Bail To Accused In Chandigarh University Video Leak Case
Case Title: Sanjeev Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 333
The Punjab and Haryana High Court on Monday granted bail to Sanjeev Singh, an accused arrested in September in the Chandigarh University video leak case.
'Cross Border Narco-Terrorism, Use Of Drones To Transport Drugs & Weapons On Rise; Must Be Nipped In Bud': Punjab & Haryana HC
Case Title: Gurmeet Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 334
The Punjab and Haryana High Court, while rejecting an anticipatory bail application on Wednesday filed by an alleged drug smuggler in close contacts with suppliers from Pakistan, made serious observations on the situation of rising cross border narco-terrorism with increasing use of drones to smuggle drugs and weapons across borders.
Case Title: Om Parkash v. Balkar Singh and Others
Citation: 2022 LiveLaw (PH) 335
The Punjab and Haryana High Court recently reiterated that electricity is an integral part of right to life as enshrined under Article 21 of the Constitution.
“It cannot be over-emphasized that electricity being a basic necessity, is an integral part of right to life as enshrined under Article 21 of the Constitution of India. Therefore, as long as the petitioner is in possession of the suit property, he cannot be deprived of electricity.”
