Punjab & Haryana Annual Digest- Part-1 [Citations: 1-70]ReportsPMLA | Punjab & Haryana HC Grants Bail To Man Booked For Benefitting "Just Rs. 50K" In Land Allotment, Says No Allegation Of Money LaunderingCase Title: Hartej Singh v. State of Punjab and anotherCitation: 2024 LiveLaw (PH) 01Punjab and Haryana High Court has granted bail to a man accused of benefitting during village...
Punjab & Haryana Annual Digest- Part-1 [Citations: 1-70]
Reports
Case Title: Hartej Singh v. State of Punjab and another
Citation: 2024 LiveLaw (PH) 01
Punjab and Haryana High Court has granted bail to a man accused of benefitting during village land allotment by revenue official observing that "the benefit which the petitioner took was just Rs.50,000 it would be a perversity of justice it this court continues further pre-trial incarceration".
The bench also noted that there is no allegation of money laundering against the Petitioner.
Case Title: X v. Y
Citation: 2024 LiveLaw (PH) 02
The Punjab & Haryana High Court has made it clear that a detailed inquiry is not required to waive the cooling off period while dealing with an application under the Hindu Marriage Act for divorce by mutual settlement.
A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "The Court while, considering the prayer for waiving off the cooling off periods, ought to be satisfied that there exist requisite grounds to accord such permission and there is no concealment/misrepresentation on behalf of parties. The Court is required to satisfy itself in terms of Section 23 of the Act."
Case Title: Union of India and another v. Harbhajan Kaur and others
Citation: 2024 LiveLaw (PH) 03
The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on the Union Government for arguing against the established legal position that additional market value per se is part of the compensation under the Land Acquisition Act.
Justice Rajbir Sehrawat said, "since the petitioners have unnecessarily gone to the extent of contesting on an issue of law which already stands decided by Hon'ble the Supreme Court long ago, therefore, the petitioners deserve to be burdened with an appropriate cost; so as to make them realize their mistake in wasting valuable time of the Court."
Citation: 2024 LiveLaw (PH) 04
Title: X v. Y
The Punjab & Haryana High Court has made it clear that a Family Court can take any material into evidence for effective adjudication, whether it fulfils the requirement of Indian Evidence Act or not.
A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "A Family Court is well within its powers to take into evidence any material, which in the judicial discretion of such Family Court, may be essential for effectively adjudicating a lis before it whether or not such material fulfills the requirements of Indian Evidence Act, 1872. However, while exercising such discretion, the Family Court ought to bear in mind that receiving of such material by way of evidence does not violate the basic principles of our legal system."
Title: Bhavna Gupta v. State of Punjab & another
Citation: 2024 LiveLaw (PH) 05
Observing that she "had no personal knowledge of the victim's or her family's caste", the Punjab & Haryana High Court today quashed the FIR lodged for rash driving and passing casteist remarks, against Times Now Navbharat Senior Journalist Bhavna Gupta (Kishore).
In May 2023, Times Now Navbharat reporter Bhawna Gupta along with the cameraman Mritunjay Kumar and driver Parmender were arrested under Sections 279, 337, 427 IPC and Section 3(x) and 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989. However, all the accused were granted Bail.
Punjab & Haryana High Court Grants Bail To Congress MLA Sukhpal Singh Khaira In 2015 Drugs Case
Case Title: Sukhpal Singh Khaira v. State of Punjab
Citation: 2024 LiveLaw (PH) 06
The Punjab & Haryana High Court has granted bail to Congress MLA from Punjab's Bholath, Sukhpal Singh Khaira in 2015 International Drugs trade case, observing that he "cannot be said to be prima facie guilty for any allegations".
Khaira was arrested on September 28, 2023 in a case related to massive heroine trade. Eight accused were arrested in the FIR earlier and later Khaira was added in additional prosecution proceeding for having connections with one of the accused.
Title: Vipin Pubby v. State of Haryana and another
Citation: 2024 LiveLaw (PH) 07
Observing that "journalist serve as independent monitors of power, reporting information for public good and safety," the Punjab & Haryana High Court has quashed summons issued against former editor Vipin Pubby and resident editor Manraj Grewal of Indian Express, in a defamation case.
In 2008, a retired IPS officer Param Vir Rathee had alleged that the newspaper published a defamatory article wherein it was reported that an accused had allegedly confessed before CBI that Rathee had recommended police protection to the accused after taking a bribe from him.
Case Title: X v. Y
Citation: 2024 LiveLaw (PH) 08
Invoking Section 14 of the Hindu Marriage Act which bars married couples from seeking divorce before one year of marriage except in exceptional cases, the Punjab & Haryana High Court has allowed a couple, who lived together for only 15 days, to file for divorce by mutual consent under Section 13-B.
The marriage between the parties stated to have been taken place on 27 March, 2023 and they started living separately from 13 March, 2023 due to " different temperamental nature."
Title: X v. State of Haryana & another
Citation: 2024 LiveLaw (PH) 09
While quashing the complaint case against a mother for allegedly kidnapping her 3 years old daughter, Justice Harpreet Singh Brar said that perusal of Section 361 of IPC along with Section 6 of Hindu Minority and Guardianship Act, 1956 indicates that for an offence of kidnapping to be made out, "it is necessary that the minor child is taken away from the custody of a 'lawful guardian.' However, a mother falls well within the ambit of 'lawful guardian,' especially in absence of an order divesting her of the same passed by a competent Court. This Court is of the view that a parent cannot be held guilty of the offence of kidnapping as both the parents of the child are her equal natural guardians."
Title: X v. Y
Citation: 2024 LiveLaw (PH) 09
The Punjab & Haryana High Court has made it clear that burden of proof on spouse seeking divorce on ground of desertion is of "preponderance of probability." A division bench of Justice Sudhir Singh and Justice Sumeet Goel said, "the burden of proof lies on the spouse seeking divorce but the degree of proof required is of preponderance and not one of being beyond reasonable doubt."
Title: Parmila v. State of Haryana and another
Citation: 2024 LiveLaw (PH) 10
Observing that, "social reservations are based on merit, and these are not rigid communal slots," the Punjab & Haryana High Court has made it clear that before drawing the selection list, the meritorious among the reserved category candidates be first considered for selection against open/un-reserved posts.
Title: X v. Y Citation: 2024 LiveLaw (PH) 11
The Punjab & Haryana High Court has made it clear that a habeas corpus petition is maintainable for custody of a minor child but along with proving the detention illegal, welfare of the child is also important. In the case at hand, a mother had filed a habeas corpus plea seeking custody of her minor daughter born from her first marriage, who was allegedly illegally detained by her second husband and his family, having no relation with the child.
'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old Boy
Title: Mustak v. State of Haryana and others
Citation: 2024 LiveLaw (PH)12
Observing that, “it has become necessary to provide credibility and instil confidence in the public mind”, the Punjab & Haryana High Court has directed CBI probe to investigate the “gruesome murder” of 8 years old boy, after Haryana police failed to find the culprits.
Title: Vikramjeet Singh v. Union of India and others
Citation: 2024 LiveLaw (PH) 13
The Punjab & Haryana High Court has pulled up state authorities for not sending the police verification for issuing passport in the prescribed proforma, despite specific directions issued in different cases repeatedly. In September 2023, observing that police authorities are sending incomplete reports which is the "root cause of denial of passport", the High Court directed police authorities to disclose complete status of FIR in verification done for issuing of the passport.
Case: X v. State of Haryana & Ors.
Citation: 2024 LiveLaw (PH) 14
The Punjab and Haryana High Court has imposed a cost of Rs. 50,000 as a "deterrent" on a married maths teacher seeking protection of his live-in relationship with a 19 year old student. Justice Alok Jain said, "...a perusal of the petition shows that petitioner No.2 is a married man and a Math's teacher and apparently petitioner No. is a student. Such kind of petitions deserves to be dealt with strictly, although counsel for the petitioner outrightly prays for withdrawal of the present petition, the same is dismissed as withdrawn with cost of Rs.50,000/- on petitioner No.2 as a deterrent that the teacher, who impart education does not abuse the process of law."
Citation: 2024 LiveLaw (PH) 15
Title: Deepak Kumar v. Union of India and others
The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.
The petitioner was appointed as constable in the Indo=Tibetan Border Police Force (ITBP) on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in a POCSO case wherein he was acquitted.
Citation: 2024 LiveLaw (PH) 16
Title: X v. State of Punjab & Ors.
"Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice", the Punjab & Haryana High Court said while allowing a minor rape victim to terminate over 12 weeks of pregnancy.
While noting that pregnancy is "an outcome of violation of the minor", Justice Vinod S. Bhardwaj said, "the child, if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo. As an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his/her origin or only to be given away. In either of the said situation, the mother as well as the child shall suffer social stigma and incarceration for rest of their lives."
Citation: 2024 LiveLaw (PH) 17
Title: State of Haryana v. Indraj
The Punjab & Haryana High Court has imposed a cost of Rs. 10,000 on Haryana for filing cancellation of an anticipatory bail in an extortion case "without application of mind."
Justice Harpreet Singh Brar said, "It appears that learned Public Prosecutor has recommended to file the present petition seeking cancellation of bail granted to respondent in a mechanical manner without application of mind and such a whimsical and capricious approach is required to be depreciated."
Citation: 2024 LiveLaw (PH) 18
Title: Davinder Kaur v. State of Punjab and others
The Puniab & Haryana High Court imposed a cost of Rs. 1 lakh on the Puniab Government for its "lackadaisical approach" in denying death-cum- retiral benefits and family pension to widow of a constable who died on duty. The petitioner-widow was denied the pension on the ground that the salary was released to the deceased husband of the petitioner while he was under treatment and the same was recoverable as directed by the Accountant General and since the petitioner refused to make the said payments, the death-cum-retiral benefits and other retiral benefits had been withheld.
Citation: 2024 LiveLaw (PH) 19
Title: Sarabjeet Singh Sidhu v. State of Punjab & Ors.
The Punjab & Haryana High Court has made it clear that the State cannot adopt different yardsticks for considering the compassionate appointment of the dependents of martyrs from Police forces and Armed Forces Personnel. The petitioner's grandson was the nephew of a martyred defense personnel, and was denied consideration for a position in the Punjab Police because, according to the state, only Punjab Police martyrs could be considered for those posts.
Citation: 2024 LiveLaw (PH) 20 Case
Title: X v. State of Punjab & Ors
The Punjab & Haryana High Court has made it clear that technical objections like limitation in filing the application for victim compensation should not stand in a way of the social welfare object sought to be served by the Victim Compensation Scheme.
While allowing the plea for compensation of a gang rape victim, Justice Vinod S. Bhardwaj said, "the scheme being benevolent and intended to rehabilitate and compensate a victim of atrocity, such technical objection as regards the claim having been submitted delayed in point of time should not stand in the way of the social welfare object sought to be served by the said scheme."
Citation: 2024 LiveLaw (PH) 21
Title: Geeta Devi and another v. State of Punjab and another
The Punjab & Haryana High Court has quashed the summoning order against accused persons in a murder case observing that merely because the petitioners had been named by the complainant, the power to proceed against them under Section 319 CrPC cannot be exercised. Court said in such cases the test of "more than prima facie case" must be satisfied. Under Section 319 CrPC, where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person.
Citation: 2024 LiveLaw (PH) 22
Title: Vansh Sangwan v. Central Board of School Education and others
The Punjab & Haryana High Court has dismissed a plea to allow a student to fill out the application form for CBSE Class XII, Improvement Exam after the prescribed stipulated time had elapsed. Justice Vikas Bahl said, "Once public notices are given, then, it is the duty of the students to be vigilant, more so, when the petitioner wanted to appear in the improvement examinations." The Court further added that the petitioner had not been able to show any legal right in his favour or any legal duty on the part of respondent authorities to accept the application of the petitioner despite the last extended date having passed.
Title: Geeta Devi and another v. State of Punjab and another
Citation: 2024 LiveLaw (PH) 23
The Punjab & Haryana High Court has quashed the summoning order against accused persons in a murder case observing that merely because the petitioners had been named by the complainant, the power to proceed against them under Section 319 CrPC cannot be exercised. Court said in such cases the test of "more than prima facie case" must be satisfied.
Case Title: KULDEEP KUMAR VS U.T. CHANDIGARH AND OTHERS
Citation: 2024 LiveLaw (PH) 24
The Punjab and Haryana High Court today held that the constitutional mandate to conduct elections of various bodies including Municipal Corporation, cannot be "put on hold" without any "justifiable and reasonable ground."
The Punjab & Haryana High Court has issued a set of directions to the police authorities and Courts to ensure strict compliance of procedures established under the Criminal Procedure Code for the proclamation of offenders.
Justice Harpreet Singh Brar directed that the Investigating Officer or the Station House Office must obtain at least two of the following documents at the time of arrest of the proclaimed offender or soon thereafter:
Citation: 2024 LiveLaw (PH) 25
Case Title: Vijay Pal Singh v. State of Haryana
Citation: 2024 LiveLaw (PH) 26
The Punjab & Haryana High Court has refused to grant anticipatory bail to Head Of Division of Educational Kits, National Council of Educational Research and Training (NCERT) accused of demanding illegal gratification from a bidder for processing bills and renewing contract for supplying educational kits.
Citation: 2024 LiveLaw (PH) 27
Title: X v. THE POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH
The Punjab and Haryana High Court has allowed a woman claiming to have been raped on false promise of marriage to terminate the pregnancy of over 12 weeks, observing that an unwanted pregnancy may effect her ability to pursue other opportunities in life, such as employment and contributing to her family's income.
Citation: 2024 LiveLaw (PH) 28
Title: Sanjay Upadhya v. State of Punjab
The Punjab and Haryana High Court has made it clear that cannabis seeds, if accompanied by flowering tops, would fall within the definition of 'ganja' under Section 2 (iii)(b) of the NDPS Act and entire weight of the material would be taken into consideration in order to ascertain the total weight of the contraband.
Citation: 2024 LiveLaw (PH) 29
Title: AMRIK SINGH AND OTHERS v. UNION TERRITORY OF CHANDIGARH THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor," the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.
The dispute occurred when the registrar refused to register the adoption deed of the child stating that as per the Hindu Adoptions and Maintenance Act, 1956, a mother/natural guardian can give the child in adoption only after obtaining consent of the father.
Citation: 2024 LiveLaw (PH) 30
Title: XXX v. XXX
The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 (1) of the Family Courts Act.
For context as per Section 19(1) of the Family Court, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court. Section 19(5) states, "Except as aforesaid, no appeal or revision shall lie to any Court from any judgement order or decree of a Family Court."
Citation: 2024 LiveLaw (PH) 31
Title: GURPREET SINGH @ GOPI v. STATE OF PUNJAB
Observing that gagsters in Punjab must be dealt with an iron hand and they do not deserve any lenient treatment from Court, the Punjab & Haryana High Court has refused to grant bail to an alleged gang member in an extortion case.
Justice Harpreet Singh Brar said, "This Court cannot shut its eyes to immediate societal concerns. The ecosystem of gangsters mushrooming in the State of Punjab must be dealt with an iron hand and these elements do not deserve any lenient treatment from the Court as only then, can the citizens live a fulfilling life and contribute to the growth of the nation."
Title: Anita Kadian v. State of Haryana
Citation: 2024 LiveLaw (PH) 32
The Punjab & Haryana High Court has refused to grant anticipatory bail to the Deputy Director of Forensic Science Laboratory, Madhuban, Karnal, Haryana, apprehending arrest in a corruption case wherein she was accused of demanding and accepting a bribe from the employees of a company to provide tender.
Param Raj Singh Umaranangal v. Union of India and Others
Citation: 2024 LiveLaw (PH) 33
Observing that gagsters in Punjab must be dealt with an iron hand and they do not deserve any lenient treatment from Court, the Punjab & Haryana High Court has refused to grant bail to an alleged gang member in an extortion case.
Justice Harpreet Singh Brar said, "This Court cannot shut its eyes to immediate societal concerns. The ecosystem of gangsters mushrooming in the State of Punjab must be dealt with an iron hand and these elements do not deserve any lenient treatment from the Court as only then, can the citizens live a fulfilling life and contribute to the growth of the nation."
Title: State of Haryana v. XXXX
Citation: 2024 LiveLaw (PH) 34
The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.
A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown on the account of the fact that the accused has two more children..."
Title: Jaikam Deen v. State of Haryana and others
Citation: 2024 LiveLaw (PH) 35
The Punjab & Haryana High Court has pulled up the Panchayat and Sarpanch of certain villages, for "arbitrary demolition of structures" in violation of High Court's ruling on guidelines on Gram Panchayat's authority on initiating demolition proceedings.
Title: National Investigation Agency v. Ankush Vipan Kapoor
Citation: 2024 LiveLaw (PH) 36
The Punjab and Haryana High Court has cancelled bail of a man accused in a case involving 500 kgs of heroine smuggling from Pakistan, observing that his custodial interrogation would be required to know the "hawala channels."
Title: Reena Panta v. Union of India and others
Citation: 2024 LiveLaw (PH) 37
The Punjab & Haryana High Court has made it clear that the Army Public Schools are an authority within the meaning of Article 12 and amenable to the writ jurisdiction of the High Court.
Referring to Urmila Chauhan v. The Chairman Army Public School and others, [2022], a division bench of Justice Ritu Bahri and Justice Aman Chaudhary said, "it is held that the Army Public Schools are amenable to writ jurisdiction. The Army Public Schools are directly and substantially part of the Indian Army. Therefore, they are authority within the meaning of Article 12 of the Constitution of India. Hence, the Army Public School is amenable to the writ jurisdiction."
Title: Vinod K Gandhi v. State of Haryana & Anr
Citation: 2024 LiveLaw (PH) 38
The Punjab & Haryana High Court has dismissed a plea seeking quashing of summons in a defamation case against a former IAF officer for calling a former Deputy Army Chief, a "coward."
Vinod K. Gandhi, a former Officer in the Indian Air Forces allegedly circulated an email wherein he referred to the Deputy Army Chief Lt. Gen. Raj Kadyan, as a "coward."
Case Title: Baljit Singh v. State of Punjab
Citation: 2024 LiveLaw (PH) 39
The Punjab & Haryana High Court has made it clear that the prolonged custody of an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) cannot be the "solitary consideration" for granting bail.
Justice Pankaj Jain said, "...prolonged custody of an accused in delayed trial is definitely one of the primary considerations while considering bail plea but the same cannot be the solitary consideration. The Courts while considering the bail plea of under-trials under the NDPS Act have to be alive to certain mitigating circumstances."
Citation: 2024 LiveLaw (PH) 40
Title: Sohan Singh v. State of Punjab & ors.
The Punjab and Haryana High Court has refused to quash an FIR on the basis of compromise, lodged for killing and injuring buffaloes by rash and negligence driving, observing that animals require self-determination and have "right to bodily integrity, honour and dignity."
Title: Varsha v. State of Haryana
Citation: 2024 LiveLaw (PH) 41
The Punjab & Haryana High Court has granted interim bail for three months, to an eight-month pregnant woman accused in a murder case observing that being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child.
Title: Pohlu @Polu Ram v. State of Haryana and others
Citation: 2024 LiveLaw (PH) 42
The Punjab and Haryana High Court has held that citing the crime for which an accused is already punished for denying premature release would amount to "double jeopardy."
Justice Harpreet Singh Brar said, "It appears that certain petitioners were denied premature release on the ground that they were likely to be a threat to the society. However, the reasons for concluding this are conspicuously absent from the orders. The petitioners have already been punished once for the crime they have been convicted for and citing the same as a means to deny them premature release would amount to double jeopardy. There is no reason to deny premature release to petitioners who have maintained good behaviour and availed multiple paroles and furloughs and surrendered on time, without recording of any untoward incidents."
Title: XXX v. XXX
Citation: 2024 LiveLaw (PH) 43
The Punjab & Haryana High Court has held that non-recovery of dowry articles cannot ordinarily be the only grounds for declining a plea for grant of anticipatory bail to a husband or his relatives, accused of cruelty.
Case:Dr. William Dean Versus State of Punjab and another
Citation: 2024 LiveLaw (PH) 44
The Punjab & Haryana High Court has taken action against 'misuse of the legal process and filing of 'frivolous litigation' by imposing a cost of Rs. 10 lakh on a man who fled the country in disobedience of the Court's directions and subsequently filed a plea seeking quashing of the cheating case against him.
Title: Avinash Dalmotra v. State of Punjab & others.
Citation: 2024 LiveLaw (PH) 45
The Punjab and Haryana High Court has made it clear that the candidates governed under Punjab Civil Services Rules, which prescribe matriculation certificate in Punjabi language as an essential qualification for Group A, B and C services "in connection with the affairs of Punjab," can clear the certificate exam before the date of appointment, obtaining it before the date of application is not necessary.
Title: Narinder Kumar and another v. State of Punjab and others.
Citation: 2024 LiveLaw (PH) 46
The Punjab & Haryana High Court has made it clear that in a murder case, mere non-receipt of viscera report will neither render the investigation incomplete nor render the Magistrate unable to take cognizance.
While rejecting the plea challenging refusal of a default bail, Justice Manjari Nehru Kaul said,
"Mere non-receipt of the viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance; moreso when the instant case is based on eye witness account wherein the identity of the deceased is not in dispute and furthermore, the manner in which the injuries were allegedly inflicted upon him also stands detailed in the FIR in question."
Title: Ravi Shanker Gupta v. State of Haryana and another.
Citation: 2024 LiveLaw (PH) 47
The Punjab and Haryana High Court has made it clear that the police has no power to investigate or prosecute any offence under Air Act and Water Act.
Justice Harpreet Singh Brar said, "this Court is of the considered opinion that the police has no power either to investigate, prosecute or deal with any offence either under the Water Prevention and Control of Pollution) Act, 1974 or under the Air (Prevention and Control of Pollution) Act, 1981."
Title: Amrik Singh and others v. Central Bureau of Investigation, Chandigarh
Citation: 2024 LiveLaw (PH) 48
The Punjab & Haryana High Court has declined to grant anticipatory bail to policemen accused of custodial death of a detainee, considering not only the mode and manner in which the alleged crime was carried out but also the 'brazen attempts' made to conceal the alleged crime.
Justice Manjari Nehru Kaul said, "It would not be out of place to note that custodial deaths represent a reprehensible abuse of power given the vulnerability of detainees and the unequal power dynamics at play. The loss of life while in custody raises grave concerns about accountability/transparency and the very foundation of rule of law."
Title: Nishan Singh v. State of Punjab & others
Citation: 2024 LiveLaw (PH) 49
The Punjab & Haryana High Court has made it clear that a prisoner should not be denied the chance to attend a significant family event, merely because the family members are not dependent on the prisoner.
While allowing parole to a prisoner serving a sentence under Section 15 of the NDPS Act, Justice Anoop Chitkara said, "A prisoner should not be ordinarily denied the opportunity of attending a significant family event merely because the immediate relatives, in addition to friends and the neighbors, have become accustomed to usually caring for the family members of a person under incarceration and the family is not dependent on the prisoner."
Title: Balwinder Singh & another v. State of Punjab
Citation: 2024 LiveLaw (PH) 50
Observing that "a great travesty of justice has occurred in recording the conviction of the appellants by the Trial Court", the Punjab & Haryana High Court has acquitted the father and uncle of a girl who were sentenced to death for allegedly committing her "honour killing."
The trial court convicted the father and uncle of the deceased girl and sentenced them to death, for allegedly murdering her because they objected to her for being in a romantic relationship with a boy belonging to another caste and did not agree to their marriage.
Title: Kulwinder Singh alias Nona v. State of Punjab
Citation: 2024 LiveLaw (PH) 51
The Punjab and Haryana High Court has issued a set of directions to ensure that trials under the Narcotic Drugs and Psychotropic Substances Act are no delayed due to non-appearance of Police/ official witnesses.
Earlier also the Court had expressed dismay over police officials not appearing as witness in NDPS Act. Justice Manjri Nahru Kaul had observed that such non-appearance often led to prolonged trials.
Title: Sonia v. State of Haryana and others.
Citation: 2024 Live (PH) 52
The Punjab & Haryana High Court has transferred a murder case registered more than an year ago, to Central Bureau of Investigation (CBI), observing that there was a failure on the part of the jurisdictional police authorities in performing their statutory duty.
Title: Naresh Kumar and another v. The Appellate Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act. 2007 and others
Citation: 2024 LiveLaw (PH) 53
The Punjab & Haryana High Court has made it clear that the Tribunal/Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) during the enforcement of the right to receive maintenance against the transferee of senior citizen's property, can evict the transferee if it is necessary to ensure the well being of the senior citizen.
Citation: 2024 LiveLaw (PH) 54
Title: Neetu Sharma v. State of Punjab and others
The Punjab and Haryana High Court recently refrained from referring to a female teacher as "mistress", a terminology which the Punjab Government uses for the position. Justice Sanjeev Prakash Sharma said, "Petitioner Neetu Sharma has approached this court with a grievance that she had applied for the post of Punjabi Language Mistress (the word mistress is although inappropriate but is a term being used by the State Government and therefore this Court would not delete it. however. would refer to it as Teacher' hereinafter keeping in view the observations of the Supreme Court with regard to use of appropriate terminology while addressing the female gender)."
Title: Banarsi Dass v. State of Haryana anda others
Citation: 2024 LiveLaw (PH) 55
The Punjab and Haryana High Court has made it clear that compelling employees to furnish undertaking on affidavit that they will withdraw the cases from the Court "has got no significance in law" and against the the spirit of the basic scheme of the Constitution of India.
Title: Rajesh Kaler @ Rajesh Kumar v. State of Punjab
Citation: 2024 LiveLaw (PH) 56
Observing that revenue authorities refrain from updating circle rates to facilitate adjustment of black money in property transactions, the Punjab & Haryana High Court rejected the anticipatory bail plea of a Patwari who was accused of showing inflated rates to help the land owners get higher compensation from Competent Authority for Land Acquisition (CALA).
Title: XXXX v. XXXX
Citation: 2024 LiveLaw (PH) 57
The Punjab and Haryana High Court has made it clear that a criminal court is well within its judicial discretion under Section 311 of CrPC to summon any person as a witness at any stage of proceedings till such Court is seized of the matter.
Title: Rameshwar v. State of Haryana and another.
Citation: 2024 LiveLaw (PH) 58
Observing that "the idea of just justice can only be realised through compassion," the Punjab & Haryana High Court said that it was "outrageously unfair" to send an elderly man, of 75 years age, to undergo three-year custody by sentencing him for the original offence for violating the probation conditions.
Title: MANDIR SHRI SATYA NARAYAN v. STATE OF PUNJAB AND OTHERS
Citation: 2024 LiveLaw (PH) 59
Observing that there is no well-formed government machinery to streamline management of land assigned to religious communities for building temples or Gurudwaras, the Punjab & Haryana High Court directed the authorities of both states to constitute High Powered Committees to look into same.
JOGINDER SINGH v. STATE OF PUNJAB AND OTHERS
Citation: 2024 LiveLaw (PH) 60
The Punjab & Haryana High Court has made it clear that an employee governed under Punjab Civil Services Rules, who is dismissed from service is not entitled to pension, however he can claim compassionate allowance.
Citation: 2023 LiveLaw (PH) 61
Title: M/s Knight Frank (India) Pvt. Ltd. v. Punjab Heritage and Tourism Promotion Board
The Punjab and Haryana High Court recently expressed dismay over State instrumentalities for strongly contesting applications for appointment of Arbitrator, often by raising frivolous objections.
Title: Axx v. STATE OF HARYANA AND ANOTHER
Citation: 2024 LiveLaw (PH) 62
The Punjab & Haryana High Court has made it clear that any person knowing about the commission of an offence against a child under the Protection of Children from Sexual Offences (POCSO) Act must inform the police or Special Juvenile Police Unit (SPJU) irrespective of whether the concerned person is a parent of the child or friend.
Citation: LiveLaw 2024 (PH) 64
Title: T-Series (also known as Super Cassettes Industries Private Limited), New Delhi & another v. M/s. Dreamline Reality Movies, Mohali & others
The Punjab & Haryana High Court made it clear that the mere existence of certain facts constituting human conduct or chains of events signifying human behavior, as such, cannot be made a subject matter of copyright under the Copyright Act, 1957.
Title: KARAMJEET KAUR v. STATE OF PUNJAB AND OTHERS
Citation: 2024 LiveLaw (PH) 65
The Punjab and Haryana High Court has observed that the victim of cruelty who made complaint cannot be held responsible for abetment of suicide of the accused.
Justice Harkesh Manuja said,
"it cannot be accepted that when a person suffering from cruelty makes a complaint and later on the alleged accused commits suicide then the victim becomes reonsible for the extreme step."
Title: XXX v.XXX
Citation: 2024 LiveLaw (PH) 66
The Punjab and Haryana High Court has observed that in the plea for condonation of delay under Limitation Act, "It is not the length of delay (sought to be condoned) but explanation thereof which is relevant for consideration by a Court."
Title: BHUPENDER SINGH v. STATE OF HARYANA
Citation: 2024 LiveLaw (PH) 67
Observing that investigations in NDPS matters in the state of Himachal Pradesh "is far superior" than the investigation done in the States of Punjab and Haryana, the Punjab & Haryana High Court has directed the DGP of both the states to take the Investigating Officer for training at Police Training Centre (PTC), Daroh Dharamshala.
Title: Dlabagh Singh v. State of Punjab
Citation: 2024 LiveLaw (PH) 68
The Punjab & Haryana High Court has made it clear that the Enforcement Directorate (ED) cannot restrain the movements of the persons, whose premises are being searched in money laundering cases.
Title: Vinit Yadav v. State of Haryana
Citation: 2024 LiveLaw (PH) 69
The Punjab & Haryana High Court has constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases.
Title: Abhinav Kiran Sekhon v. State of Punjab and another
Citation: 2024 LiveLaw (PH) 70
The Punjab & Haryana High Court upheld the expulsion of a Punjab Civil Judge (Junior Division), observing that, an officer who repeatedly committed acts of insubordination during probation would continue after it and he is setting a bad example for other Judicial Officers.