Punjab & Haryana High Court Weekly Round-Up 12th August To 17th August, 2024
Punjab & Haryana High Court Weekly Round-Up [12 August -17 August, 2024]Nominal IndexLawyers for Humanity v. Lawyers for Humanity 2024 LiveLaw (PH) 195XXX v. XXX 2024 LiveLaw (PH) 196Rajveer Singh Samra and another v. Central Bureau of Investigation 2024 LiveLaw (PH) 197 Rana Jung Bahadur v. State of Punjab 2024 LiveLaw (PH) 198Harpreet Kaur v. State of Haryana and others 2024 LiveLaw...
Punjab & Haryana High Court Weekly Round-Up [12 August -17 August, 2024]
Nominal Index
Lawyers for Humanity v. Lawyers for Humanity 2024 LiveLaw (PH) 195
XXX v. XXX 2024 LiveLaw (PH) 196
Rajveer Singh Samra and another v. Central Bureau of Investigation 2024 LiveLaw (PH) 197
Rana Jung Bahadur v. State of Punjab 2024 LiveLaw (PH) 198
Harpreet Kaur v. State of Haryana and others 2024 LiveLaw (PH) 199
Syon Educational & Welfare Society and others v. The National Council for Teachers Education and others 2024 LiveLaw (PH) 200
Harjeet Singh v. State of Haryana and others 2024 LiveLaw (PH) 201
Shanker Printing Mills vs United India Insurance Company Ltd. and others 2024 LiveLaw (PH) 202
XXX v. XXX 2024 LiveLaw (PH) 203
Shanker Printing Mills vs United India Insurance Company Ltd. and others 2024 LiveLaw (PH) 204
Reports
Title: Lawyers for Humanity v. Lawyers for Humanity
Citation: 2024 LiveLaw (PH) 195
The Punjab & Haryana High Court has made it clear that the "Displeasure award" passed by armed forces authorities can be examined by the Armed Forces Tribunal (AFT).
A “displeasure” is a censure awarded to military personnel for dereliction of duty. In the present case, a commissioned officer was awarded a "displeasure" after a matrimonial dispute with his wife led to litigation.
Title: XXX v. XXX
Citation: 2024 LiveLaw (PH) 196
The Punjab & Haryana High Court has refused to grant anticipatory bail to a man accused of raping his live-in partner.
It was submitted that the matter was later compromised between the live-in couple who were already married to their respective spouses. In view of the compromise, the accused filed a second appeal against the order rejecting his pre-arrest bail.
Title: Rajveer Singh Samra and another v. Central Bureau of Investigation
Citation: 2024 LiveLaw (PH) 197
The Punjab & Haryana High Court has refused to grant anticipatory bail to persons accused in a case pertaining to Rs 48 crore fraud to Punjab National Bank (PNB) in 2020.
Justice Manjari Nehru Kaul said, "Given the gravity of the allegations and substantial prima facie evidence implicating the petitioners in a fraud resulting in financial losses exceeding Rs. 48 crores to the PNB and significant personal gains, the severity of the offences alleged cannot be ignored. The potential impact on the country's economic health necessitates a careful and thorough adjudication of the prayer.
Title: Rana Jung Bahadur v. State of Punjab
Citation: 2024 LiveLaw (PH) 198
The Punjab & Haryana High Court has quashed an FIR against Punjabi film actor, Rana Tang Bahabur under Section 295-A IPC and SC/ST Act for allegedly passing remarks against Lord Valmiki, observing that "every God was born human." The FIR was lodged against the actor for saying that Lord Valmiki was a dacoit in his early life.
Justice Pankaj Jain said, "Whichever religion it may be, the worshiped Gods were born as humans. Owing to their contributions to the society and the strength of their character, they attained divinity. Inspired by them and Whichever religion it may be, the worshiped Gods were born as humans. Owing to their contributions to the society and the strength of their character, they attained divinity. Inspired by them and believing numina, people started worshiping them. The journey from 'Nar to Narayan' is not only embeded in the ethos of India but is also true to the religions born outside India."
Title: Harpreet Kaur v. State of Haryana and others
Citation: 2024 LiveLaw (PH) 199
The Punjab & Haryana High Court has directed that when the date or year of passing an examination is mentioned by a candidate in their application form, the date of issuance of the final certificate or degree should be ignored while considering documents for recruitment.
"The recruitment agencies should be prudent enough to select the best candidate by ignoring procedural lapses in the documents," observed the Court.
Title: Syon Educational & Welfare Society and others v. The National Council for Teachers Education and others
Citation: 2024 LiveLaw (PH) 200
The Punjab & Haryana High Court has imposed an exemplary cost of Rs. 10 lakh on the National Council for Teachers Education (NCTE) for issuance of conditional recognition to a college, despite prohibition by the Supreme Court in 2012.
The Court found that a B.Ed college run by Syon Educational & Welfare Society was allowed to conclude its course, but the college did not meet the conditions under which the conditional recognition was granted by NCTE.
Title: Harjeet Singh v. State of Haryana and others
Citation: 2024 LiveLaw (PH) 201
Punjab & Haryana High Court has imposed a cost of Rs. 1 lakh on the Haryana Education Board for its "insensitive approach" in cancelling the result of a PGT candidate, whose biometric identity could not be recorded due to allergy, consequently wasting "five years" of his career.
The candidate appearing for Haryana Teacher Eligibility Test (HTET) in PGT exam could not give biometric finger prints because of having fungal infection on the finger. The officials present at the exam centre agreed to take the impression manually and allowed him to appear in the exam. However, later the Board cancelled the result stating that the identity of the candidate could not be verified due to absence of biometrics data.
Title: Shanker Printing Mills vs United India Insurance Company Ltd. and others
Citation: 2024 LiveLaw (PH) 202
The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that an arbitration clause in a partnership firm's agreement remains valid if a private limited company has taken over all the firm's assets and liabilities.
The High Court held that this arrangement can be inferred from both the dissolution deed of the partnership firm and in the company's Memorandum of Association and Articles of Association.
Title: XXX v. XXX
Citation: 2024 LiveLaw (PH) 203
The Punjab & Haryana High Court has refused to quash an FIR lodged under the Prevention of Immoral Trafficking Act against a man who was found in an objectionable position with a woman in a spa allegedly running prostitution.
Justice Nidhi Gupta said, "Needless to say, the above allegations against the petitioner are serious in nature. Section 7(1) of the Immoral Trafficking (Prevention) Act, 1956...A bare reading of the... provisions makes it crystal that both, the person who carries on prostitution and the person with whom the prostitution is carried on, are liable under the Act."
Title: Shanker Printing Mills vs United India Insurance Company Ltd. and others
Citation: 2024 LiveLaw (PH) 204
The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that an arbitration clause in a partnership firm's agreement remains valid if a private limited company has taken over all the firm's assets and liabilities.
The High Court held that this arrangement can be inferred from both the dissolution deed of the partnership firm and in the company's Memorandum of Association and Articles of Association.
Other Developments
Title: VINOD DHATTERWAL AND OTHERS v. UOI & Ors.
Taking note of the "disturbing event" of heavy rains in Chandigarh which led to the destruction of the Court files, the Punjab & Haryana High Court has directed the Union Government to complete the report on the holistic development of the High Court building "expeditiously."
Chief Justice Sheel Nagu and Justice Anil Kshetarpal noted, "It is pertinent to point out that old District Courts building in Sector 17, Chandigarh, houses record of the disposed of cases. Some of the records have been scanned but the remaining are yet to be scanned. The extent of damage is yet to be ascertained and in case the unscanned records have been destroyed due to inundation then it is an extremely serious matter where the responsibility would rests on the UT, Chandigarh Administration.
High Court Issues Notice To CBI On Plea To Probe Alleged Custodial Death Of Man In Punjab Prison
Title: GURDEEP KAUR Vs. CBI & Ors.
The Punjab & Haryana High Court has issued notice to the Central Bureau of Investigation (CBI) and the Punjab Government on a plea filed by a woman seeking a CBI probe into the alleged custodial death of her husband in Punjab's Rupnagar prison.
While adjourning the matter to September 30, Justice Vinod S. Bhardwaj said, "Reply(ies), if any, be filed on or before the adjourned date with copy in advance to the learned counsel for the petitioner."
Title: Sunpreet Singh v. Union of India and others
The Punjab & Haryana High Court has said that the 'Support to Poor Prisoners Scheme' of the Union Government will be implemented as the Supreme Court is in "seisin of the matter."
The Ministry of Home Affairs has formulated the 'Support to Poor Prisoners' for providing relief to poor prisoners, who are unable to pay the fine imposed on them or are unable to secure bail due to financial constraints. The scheme aims to ensure that prisoners are not unjustly detained in jail despite having a bail order.
Title: XXX v. STATE OF PUNJAB AND ANR.
The Punjab and Haryana High Court has directed the CBI to probe a suspected illegal religious conversion in the name of inter-faith marriage.
The direction was passed by Justice Sandeep Moudgil after "profound and conspicuous suspicion" in a case involving inter-faith marriage solemnized in an autorickshaw, "without the presence of two witnesses coupled with the place of solemnization of marriage stated to be at Masjid."