Punjab & Haryana High Court Weekly Round Up: 22 August To 28 August, 2022

Nominal Index

Raman Kumar Versus State of Punjab 2022 LiveLaw (PH) 231

Rajinder Trehan. Versus M/s HDFC Bank Ltd. 2022 LiveLaw (PH) 232

National Insurance Company Limited Versus Roopa and others 2022 LiveLaw (PH) 233

Om Prakash Soni Vs State of Punjab and others, and connected matters 2022 LiveLaw (PH) 234

Mandeep Kaur Versus State of Punjab , with connected matters 2022 LiveLaw (PH) 235

Sanju v. State of Punjab 2022 LiveLaw (PH) 236

Amit Kumar (Deceased) through his LR's mother Smt. Sushila Devi v. State of Haryana and another 2022 LiveLaw (PH) 237

Other Important Judgements/Updates

Vijay Kumar Setia Versus State Of Punjab And Others

Rajpal Poultry Farm v. State of Haryana

Judgments/Orders

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

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.

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.

Legal Heirs Of Vehicle Owner Cannot Seek Compensation U/S 163A MV Act Where Insurance Policy Covers Only Third Party: P&H High Court

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'.

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.

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.

Other Important Judgements/Updates

High Court Directs Punjab Police To Decide Representation Against Alleged Misuse Of 'Guru Granth Sahib' For Land Grabbing

Vijay Kumar Setia Versus State Of Punjab And Others

Punjab and Haryana High Court recently directed Punjab's Inspector General of Police and Senior Superintendent of Police to decide a representation to stop the accused with immediate effect from committing sacrilege of Holy Guru Granth Sahib Ji.

Punjab & Haryana High Court Stays Order To Close Down Private Slaughter Houses/Meat Shops In Ambala During Jain Festival

Rajpal Poultry Farm v. State of Haryana

The Punjab and Haryana High Court has stayed the decision of the official authorities to close down private slaughterhouses/meat shops in Ambala from August 24 to September 1 during the Jain festival- 'Paryushan Parv'.