Punjab & Haryana High Court Weekly Roundup: July 17 To July 24, 2022

Kuljas Rai Versus Punjab State Power Corporation Limited Service 2022 LiveLaw (PH) 190

Yusuf Versus State of Haryana 2022 LiveLaw (PH) 191

National Insurance Company Limited through its Assistant Manager Vs. Satya Devi (since deceased) through her Legal Heirs and others 2022 LiveLaw (PH) 192

Mamta Rani Versus State Of Haryana 2022 LiveLaw (PH) 193

Midland Microfin Ltd. Versus Union of India and others 2022 LiveLaw (PH) 194

Shagun Preet Singh V. State Of Punjab 2022 LiveLaw (PH) 195

Mehtab and another v. State of Haryana and others 2022 LiveLaw (PH) 196

Maninderpal Singh v. State of Punjab 2022 LiveLaw (PH) 197

Sanjay Kumar v. Jaipal and others 2022 LiveLaw (PH) 198

Harchand v. Karambir Singh and Another Citation: 2022 LiveLaw (PH) 199

General Manager (TD), Bharat Sanchar Nigam Ltd., Rohtak Vs. Gulab Singh Citation: 2022 LiveLaw (PH) 200

Krishna Devi and Others v. Balvinder Singh and Others Citation: 2022 LiveLaw (PH) 201

Sourav v. State of Haryana and Others Citation: 2022 LiveLaw (PH) 202

ROUND-UP

Electricity Consumer Liable To Pay Penalty/ Demand Surcharge If Consumption Is In Excess Of Sanctioned Load: Punjab & Haryana High Court

Case Title: Kuljas Rai Versus Punjab State Power Corporation Limited Service

Citation: 2022 LiveLaw (PH) 190

The Punjab and Haryana High Court has made it clear that in case of electricity consumption beyond the sanction load, the electricity consumer is liable to pay penalty in the form of demand surcharge. It thus dismissed an appeal against trial court's judgement granting mandatory injunction and restricting the respondents from discontinuing the appellant's electricity connection, subject to payment of dues.

S.304A IPC | Punjab & Haryana High Court Reduces Sentence Of First Time Offender Who Caused Death By Rash & Negligent Driving

Case Title: Yusuf Versus State of Haryana

Citation: 2022 LiveLaw (PH) 191

Punjab and Haryana High Court has recently modified and reduced the sentence of a truck driver whose rash and negligent driving caused death of a motorcycle rider, on the ground that he is first time offender and the incident took place almost 11 years ago.

Motor Accident Claim Petition Does Not Abate On Death Of Original Claimant, Legal Representatives Can Be Substituted: Punjab & Haryana High Court

Case Title: National Insurance Company Limited through its Assistant Manager Vs. Satya Devi (since deceased) through her Legal Heirs and others

Citation: 2022 LiveLaw (PH) 192

The Punjab and Haryana High Court has recently dismissed an appeal preferred by the Insurance Company for staying the operation of award passed by the Motor Accident Claims Tribunal whereby the tribunal allowed the petition of legal representatives of the claimant and awarded the compensation of Rs.1,79,000/- with interest @ 7.5% per annum.

Punjab & Haryana High Court Denies Pre-Arrest Bail To Acupressure Practitioner For Unauthorisedly Treating Patient Resulting In Leg Amputation

Case Title: Mamta Rani Versus State Of Haryana

Citation: 2022 LiveLaw (PH) 193

Punjab and Haryana High Court recently denied anticipatory bail to an acupressure practitioner who gave treatment to a patient suffering from a disease called gangrene, for which she was not qualified to administer treatment.

S.148A Income Tax Act | Writ Court Can't Interfere Where Statutory Authority Follows Procedure & Proceedings Have Not Yet Concluded: P&H High Court

Case Title: Midland Microfin Ltd. Versus Union of India and others

Citation: 2022 LiveLaw (PH) 194

Punjab and Haryana High Court while dealing with a writ petition in the nature of certiorari for quashing notice issued to the petitioner under Sections 148A (b) and 148 of the Income Tax Act, 1961 for the assessment year 2018-19, held that no interference is warranted since the procedure contemplated in 1961 Act was followed and the authority acted within its jurisdiction.

Vicky Middukhera Murder: Punjab & Haryana High Court Denies Anticipatory Bail To Sidhu Moosewala's Manager

Case title: Shagun Preet Singh V. State Of Punjab

Citation: 2022 LiveLaw (PH) 195

The Punjab and Haryana High Court today denied anticipatory bail to Slain singer-politician Sidhu Moosewala's manager, Shaganpreet Singh (currently in Australia) in connection with the Youth Akali leader Vicky Middukhera's murder case. The bench of Justice Anoop Chitkara was of the opinion that the status report of the investigation conducted by the Punjab police establishes that the prosecution has collected sufficient evidence pointing out a prima facie case against Shagun Preet Singh.

"State Bound To Ensure Education Of Special Children Isn't Prematurely Interrupted": P&H High Court Orders Relief For Child With Down Syndrome

Case Title: Mehtab and another v. State of Haryana and others

Citation: 2022 LiveLaw (PH) 196

Taking into account the mandate of The Right of Children to Free and Compulsory Education Act, 2009, and The Rights Of Persons With Disabilities Act, 2016, the Punjab and Haryana High Court recently observed that special children have a fundamental right to elementary education and the right to grow up in society up to their optimum potential.

Delay In Lodging FIR Can't Be Taken Into Consideration While Dealing With Pre Arrest Bail Plea If Probe At Threshold: P&H High Court

Case title: Maninderpal Singh v. State of Punjab

Citation: 2022 LiveLaw (PH) 197

The Punjab and Haryana High Court has observed that the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at threshold.

Choice Of Collector In Appointing Lambardar Must Be Respected Unless It Is Perverse: Punjab & Haryana High Court Reiterates

Case Title : Sanjay Kumar v. Jaipal and others

Citation: 2022 LiveLaw (PH) 198

Punjab and Haryana High Court has recently reiterated the well settled position of law that the choice of the Collector in appointing Lambardar must be respected in all cases unless and until it is perverse.

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

Case Title : Harchand v. Karambir Singh and Another

Citation: 2022 LiveLaw (PH) 199

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order.

Punjab & Haryana High Court Upholds Direction To BSNL To Pay Mesne Profits For Unauthorised Possession Of Suit Property After Lease Expiry

Case Title: General Manager (TD), Bharat Sanchar Nigam Ltd., Rohtak Vs. Gulab Singh

Citation: 2022 LiveLaw (PH) 200

Punjab and Haryana High Court has recently upheld an order of the Trial Court directing BSNL to pay mesne profit at the rate of Rs. 1,000 for being in unauthorised possession of the suit property after the expiry of the lease deed.

Motor Accident Claimants Have To Prove Case On Touchstone Of 'Preponderance Of Probabilities': Punjab & Haryana High Court

Case Title : Krishna Devi and Others v. Balvinder Singh and Others

Citation: 2022 LiveLaw (PH) 201

Punjab and Haryana High Court recently held that the claimants in the proceedings under Motor Vehicles Act 1988 need to prove their case on the touchstone of preponderance of probabilities.

Family Having Availed Assistance Under Compassionate Appointment Rules Prevalent At Time Of Death Can't Seek Benefit Under New Rules: P&H High Court

Case Title : Sourav v. State of Haryana and Others

Citation: 2022 LiveLaw (PH) 202

Punjab and Haryana High Court recently held that when a family member has already availed financial assistance under the prevalent Rules at that time of the death of the government employee, they cannot agitate the claim of compassionate appointment under the new Rules.