Punjab And Haryana High Court Weekly Round Up : August 8 To August 14,2022
NOMINAL INDEX Gurbhej Singh @ Bheja v. State of Punjab, 2022 LiveLaw (PH) 216 Mohinder Lal @ Mohinder Pal v. Ladi and Others, 2022 LiveLaw (PH) 217Nimrata Shergill and another Versus Shop Owners Welfare Association, 2022 LiveLaw (PH) 218 Kabal Singh v. State of Punjab and others, 2022 LiveLaw (PH) 219 Child In Conflict With Law 'S' versus State Of Punjab, 2022 LiveLaw...
NOMINAL INDEX
Gurbhej Singh @ Bheja v. State of Punjab, 2022 LiveLaw (PH) 216
Mohinder Lal @ Mohinder Pal v. Ladi and Others, 2022 LiveLaw (PH) 217
Nimrata Shergill and another Versus Shop Owners Welfare Association, 2022 LiveLaw (PH) 218
Kabal Singh v. State of Punjab and others, 2022 LiveLaw (PH) 219
Child In Conflict With Law 'S' versus State Of Punjab, 2022 LiveLaw (PH) 220
Megha Rana Versus Kanwar Samir, 2022 LiveLaw (PH) 221
Murti Shri Vishnu Avtar Baba Ram Dev & Anr. Versus Baljit Singh & Others, 2022 LiveLaw (PH) 222
Surender Kumar @ Salender Kumar v. Abid Khan And Others, 2022 LiveLaw (PH) 223
Ravinder Pal Kaur v. State of Punjab, 2022 LiveLaw (PH) 224
Important Judgments/Updates
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. The bench comprising Justice Avneesh Jhingan placed reliance on the judgement of Supreme Court in NCB v. Mohit Aggarwal and held that custody period alone cannot be a ground for grant of bail, and rigours under Section 37 of the Act will apply.
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. The bench comprising Justice Pankaj Jain further added that the result of criminal case pending against the alleged offender has no bearing on the claim petition seeking compensation, pending before the Claims Tribunal.
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.
Case title - Harsimran Sandhu v. State Of Punjab And Others
The Punjab and Haryana High Court has directed the State Government to assess threat perception to Assistant Advocate General, Punjab Harsimran Sandhu who was a close friend of slain singer Sidhu Moosewala.
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.
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.
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.
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.
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.
Case title - Ravinder Pal Kaur v. State of Punjab
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.
Centre Notifies Appointment Of 11 Advocates As Additional Judges Of Punjab And Haryana High Court
The Central Government has notified the recommendation made by the Supreme Court Collegium to appoint the following 11 advocates as Additional Judges of the Punjab and Haryana High Court.