Punjab and Haryana High Court
Expecting Husband To Leave Elderly Mother, Sister With Unsound Mind Unattended Amounts To Cruelty: Punjab & Haryana High Court Upholds Divorce
The Punjab & Haryana High Court has dismissed a wife's plea challenging the divorce order granted to the couple under the Hindu Marriage Act, observing that expecting her husband to leave his aged mother of around 75 years, and his sister of unsound mind unattended, amounted to "cruelty."Justice Sudhir Singh and Justice Harsh Bunger said, "It needs no reiteration that when one enters into matrimony, one surrenders a part of one's absolute freedom for the good of both and for the harmonious...
Punjab & Haryana HC Stays FIR Against Youth Congress Leader Contesting Lok Sabha Polls Against Ex-CM Manohar Lal Khattar, Issues Notice On Plea For Quashing
The Punjab & Haryana High Court today, has issued notice on plea filed by Youth Congress leader Divyanshu Budhiraja, seeking quashing of a case registered against him for his alleged failure to appear before the trial court in a criminal case. Budhiraja, is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar.The plea stated that Budhiraja was booked in 2018 under Section 3-A of the Prevention of Defacement to Public Property Act, 1984 due to "political...
Workman Must Not Be Punished For Devoting Time Before Wrong Forum Based On Misconception Or Ill-Advice: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth held that the workman's withdrawal of the civil suit implied permission to pursue a remedy under labour law. The bench noted that the Industrial Tribunal refused to grant relief to the Workman based on the fact that he pursued the same matter in a civil court earlier. The High Court held that time spent in proceedings before the civil court would not count towards the period of limitation. Further, the workman...
Firing Outside Salman Khan's House: Plea By Accused's Mother In Punjab & Haryana HC Seeks CBI Probe Into Accused's Custodial Death
The mother of the accused in the firing outside Salman Khan's house case, who is alleged to have committed suicide in Mumbai police's lock-up has moved the Punjab & Haryana High Court seeking a CBI probe into the alleged custodial death and for re-conduct of post-mortem.The Mumbai Police has claimed that deceased Anuj Kumar was one of the four accused arrested by the crime branch in connection with the firing outside the Mumbai residence of actor Salman Khan on April 14. Days after the...
Taking Creditors As Abettor When Person Commits Suicide Due To Pressure Of Debt May Harm Legitimate Interest Of Those Reasonably Asking For Money: P&H High Court
The Punjab & Haryana High Court has quashed an FIR lodged for abetment to suicide against a man who was allegedly "pressuring" the deceased to return the money lent.While setting aside the FIR, Justice Jasjit Singh Bedi said, "Where a person succumbs to the pressure of his debt and the creditor is taken as an abettor to his suicide simplicitor, the legitimate interest of a person asking for his own money in a reasonable manner would be harmed in every such case."The Court was hearing the...
Punjab And Haryana High Court Stays CBIC-Circular Concerning Taxability Of Corporate Guarantees
The Punjab and Haryana High Court has stayed the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) concerning the taxability of corporate guarantees.The bench of Justice Sanjeev Prakash Sharma and Justice Sukhvinder Kaur, while issuing the notice, stayed CBIC Circular dated October 27, 2023, to the extent that it clarifies that the provision of corporate guarantee (CG) between related persons, even when made without any consideration, is to be treated as a supply of...
Punjab & Haryana HC Declines Interim Relief To Bank Opposing Election Duty Of Its Employees, Says It's Imperative To Uphold Democracy
The Punjab and Haryana High Court has refused to grant interim relief to a cooperative bank which has challenged Election Commission's order requiring its employee for election duty.Justice Aman Chaudhary said,"Engaging in election duty is akin to fulfilling a solemn duty that each citizen owes towards the nation, analogous to participating in a festival celebrating the democratic principles upon which our society is founded. Serving in election duties ensures the smooth functioning of the...
'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC Qualifications
Observing that "teaching in a college is a responsible job", the Punjab & Haryana High Court has directed the Haryana Government to take steps to relieve professors who are teaching without possessing the minimum qualification prescribed by the University Grants Commission (UGC).A division bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "If persons do not...
General Elections: High Court Seeks Response From Punjab's Chief Electoral Officer On Plea Against "Blanket Order" For Surrender Of Licensed Arms
The Punjab and Haryana High Court has sought response from the Punjab Government authorities and State's Chief Electoral Officer on a PIL challenging alleged blanket order passed by the local police to deposit fire arms owned by licence holders during elections.The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Punjab Government, State Chief...
Discretionary Jurisdiction Of Court cant Be Used To Extend Employee's Service Beyond The Period Entitled : Punjab And Haryana High Court
A division bench of the Punjab and Haryana High Court comprising of Hon'ble Mr. Justice G.S. Sandhawalia, Acting Chief Justice and Hon'ble Ms. Justice Lapita Banerji, while deciding Letters Patent Appeal in the case of Jai Bhagwan vs State of Haryana & others, held that the discretionary jurisdiction of the courts cannot be employed to prolong an employee's tenure beyond...
Findings Of Inquiry Officer Are Not Binding On Punishing Authorities: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that the punishing authority may or may not agree with the findings recorded by the Inquiry Officer. Further, it held that while deciding a case where the disciplinary enquiry is conducted for the alleged misconduct against the public servant, the Court has to determine: (a) Whether the enquiry was held by...
Riparian Land Owners Entitled To Alluvion Deposits When Rivers Change Their Course: Punjab & Haryana High Court
The Punjab & Haryana High Court has declared a notification deleting clause of the Punjab Village Common Lands (Regulation) Act, 1961 as "unconstitutional" observing that riparian land owners will be entitled to alluvion depositsThe Court said that deleting Section 2(g)(i) of the Punjab Village Common Lands (Regulation) Act, 196 is liable to be declared to be ultra vires Article 31-A of...