RTI | Information Sought To Examine Recruitment Fairness Can't Be Denied For Failure To First Establish Irregularities: P&H High Court

The Punjab and Haryana High Court has set aside an order of the Haryana State Information Commission that refused to give an unsuccessful candidate the videography of the Band Skill Test in a Haryana Police recruitment. The Commission had refused on the ground that the candidate had not shown prima facie malice or subversion of the assessment.Justice Kirti Singh held,“The right to seek information cannot be made dependent upon the information seeker first establishing the very irregularity which...

Parents Can Claim Compensation For Loss Of Unborn Child In Motor Accident: P&H High Court

The Punjab and Haryana High Court has held that parents can claim compensation under the Motor Vehicles Act, 1988 for the death of an unborn child in a road accident, and that a 28-week foetus has to be treated as a child for this purpose.Justice Parmod Goyal set aside a 2000 award of the Motor Accident Claims Tribunal, Panchkula, which had dismissed the parents' claim as not...

Woman Can't Continue IVF After Crossing ART Act Age Limit Even If Embryos Were Frozen Earlier: Punjab & Haryana High Court

The Court also held that couple cannot be treated as a unit, and the ART services are barred if either of the spouse has crossed the age barrier.

LPU Campus Violence: P&H High Court Seeks Centre's Decision On NIA Probe After Cyber-Terrorism Charge Added

The Punjab and Haryana High Court on Wednesday directed the Central Government to take a decision within a week on whether the National Investigation Agency (NIA) should investigate the violence at Lovely Professional University (LPU). This, after the Punjab government reported that the cyber-terrorism offence under Section 66F of the Information Technology Act, 2000, has been added to...

P&H High Court Allows Common Bail Bond For Woman Facing 120 Cheque Bounce Cases

The Punjab and Haryana High Court has allowed a woman facing about 120 cheque bounce complaints under Section 138 of the Negotiable Instruments Act to furnish one set of bail and surety bonds for all the remaining cases against her. The cases are pending in courts at Kaithal, Kurukshetra and Karnal. She says she was only an employee of the accused company, authorised to sign the...

P&H High Court Calls For 'Dignified Cremation' Of Man Whose Death Sparked Drug-Menace Protests, Bars Politicians From Attending Rites

The Punjab and Haryana High Court has held that a dignified cremation is a right that deserves to be respected even after a person's death. It directed a fresh post-mortem at PGIMER, Chandigarh, of a man from Mansa whose body had been carried in protest processions against drugs, and whose death is the subject of conflicting versions from his family and the police.Justice Sanjay Vashisth...

Pendency Of Other Criminal Cases Not Sufficient Ground To Deny Parole: Punjab & Haryana High Court

Observing that pendency of other criminal cases is relevant but not sufficient to deny Parole, the Punjab and Haryana High Court has granted eight weeks' parole to a convict serving a ten-year sentence under the NDPS Act. It held that the authorities' apprehension that he might abscond or return to drug peddling, unsupported by any objective material, does not meet the requirement of Section...

Aravalli Hills Must Be Preserved: Punjab & Haryana High Court Seeks Report On Mining Lease

The Punjab and Haryana High Court has said it must be satisfied that the public interest in preserving the Aravalli Hills is being protected before it rules on a challenge to a mining lease in Charkhi Dadri, Haryana. A drone survey placed before the Court prima facie showed that the mining area is part of the Aravallis.A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice...

P&H High Court Orders Armed Security For Lawyer Alleging 'Surveillance' Ever Since He Filed Pleas Against Police

Advocates must be able to discharge professional duties without fear, Court said.

P&H High Court Issues Contempt Notice To Punjab Chief Secretary Over Non-Payment Of DA Arrears

The Punjab and Haryana High Court has issued notice to the Chief Secretary of Punjab, K.A.P. Sinha, asking him to show cause why contempt proceedings should not be initiated against him. The notice concerns failure of the State and Punjab State Power Corporation Limited (PSPCL) to pay pending Dearness Allowance/Dearness Relief (DA/DR) to employees and pensioners at Central rates.In August,...

Pointing Out A Place Already Known To Police Does Not Amount To 'Discovery' Under Section 27 Of Evidence Act: P&H High Court

The Punjab and Haryana High Court has held that an accused who points out a place the police have already demarcated on a co-accused's information does not bring to light any “fact discovered” within the meaning of Section 27 of the Evidence Act. Justice Manisha Batra said, “The petitioner pointing out the same place six months later did not bring to light anything which was not...

'Experience At Bar Is An Asset': P&H High Court Relies On Late Advocate's Last ITR To Determine MACT Award, Rejects Plea To Average 3 Yrs' Income

The Punjab and Haryana High Court has upheld a Motor Accident Claims Tribunal award that assessed the income of a 36-year-old High Court advocate on the basis of his latest income tax return alone. The insurer had argued that the Tribunal should have taken the average of his last three returns.Justice Harsh Bunger held that the Supreme Court's recent decision in Rashmirekha Tripathy v....