Punjab and Haryana High Court
Employee's Benefit Earned During Service Can't Be Taken Away By Making Termination Effective Before It Actually Happened: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that an employee cannot be deprived from his service benefits by backdating the termination of his employment.Justice Namit Kumar said,"when an employer-employee relationship ends, the termination can take effect from the date of order of termination with immediate effect or a future date specified in the order (later effect). However,...
Court Can Grant Ex-Parte Interim Maintenance U/S 125 CrPC Or Section 144 BNSS When Accentuating Facts Are Shown: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the Court can grant "ex-parte ad-interim maintenance" under Section 125 CrPC or Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Justice Sumeet Goel clarified that "The Court ought to consider a plea, for grant of ex-parte ad-interim maintenance/ad-interim maintenance, in accordance with the well-established norms...
'Injury Sufficient To Cause Death': Punjab & Haryana High Court Converts Culpable Homicide Charge To Murder Conviction, Awards Life Sentence
The Punjab & Haryana High Court has converted the conviction for culpable homicide not amounting to murder into murder, observing that the injuries inflicted on the body of the deceased were "sufficient to cause death in the ordinary course of nature."The convict was accused of murdering the deceased by hitting him with a broken glass bottle on the neck.Justice Sureshwar Thakur and...
High Court Seeks Response Of Haryana Govt On Implementation Of RTI Act At Gram Panchayat Level, Flags Harassment Of Villagers
The Punjab & Haryana High Court has directed Haryana's Secretary, Rural Development Department, Haryana as well as the Director and Special Secretary of the Rural Development Department to state steps taken for implementation of the RTI Act at the Gram Panchayat level including uploading of the relevant information about the receipt of grants/funds as well as their utilization.It also...
Direct SSPs To Monitor Probe In NDPS Cases, Submit Affidavit On Number Of Accused Not Arrested After Lapse Of 6 Months: High Court Tells Punjab DGP
The Punjab & Haryana High Court has directed the Director-General of Police (DGP) Punjab to issue necessary directions to all the SSPs in Punjab to monitor the progress of the investigation of the cases registered under the provisions of the NDPS Act in various police stations.Justice N.S Shekhawat also directed the DGP Punjab "to file an affidavit of all the cases registered under...
Woman Awaiting Divorce Can Terminate Pregnancy Under MTP Act: Punjab & Haryana High Court
Observing that the situation of a divorcee and woman awaiting divorce is not different, the Punjab & Haryana High Court has allowed a woman to terminate her pregnancy under the Medical Termination of Pregnancy Act (MTP Act).MTP Act permits termination of pregnancies by two registered medical practitioners for up to 20 weeks.However, beyond 20 weeks to 24 weeks, only certain categories...
Lawrence Bishnoi Jail Interview Row: P&H HC Directs Rajasthan AG To Appear After SIT Says One Interview Was Conducted From Rajasthan Prison
The Punjab & Haryana High Court has impleaded Rajasthan as a respondent in a Suo Moto cognizance taken on video of Lawrence Bishnoi interview from Jail and directed Rajasthan Advocate General (AG) to appear through VC.The development came after the Special Investigation Team (SIT) constituted by the Punjab and Haryana High Court revealed that gangster Lawrence Bishnoi's first...
P&H High Court Sets Aside ₹128 Crore Penalty Imposed On Land Acquisition Officer For Failing To Deduct TDS Upon Interest On Compensation
The Punjab & Haryana High Court has set aside the hefty penalty of Rs.128 Crores imposed on a Land Acquisition Officer (LAO) for failing to deduct Tax Deduction At Source (TDS) upon Interest on enhanced compensation disbursed under the Land Acquisition Act.The Court noted that the Officer followed the advice of his seniors which was based on legal advice relying on orders passed by the...
Preserving Mobile Tower Location Of Police Officer Does Not Cause Danger To Security Or Violation Of Privacy: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that there is no violation of the right to privacy in preserving the tower location of a police officer who allegedly falsely implicated an accused in a drugs case.Justice Sanjiv Berry said, "the petitioner has disputed the alleged time and place of alleged recovery and to establish that aspect in his defence he has sought the preserving...
"Narco-Terrorism, Destroys Life Of Youth": P&H High Court Flags Issue Of Weapons, Drugs Being Sent Across Border Via Drones
Observing that it is a clear case of "narco-terrorism", the Punjab & Haryana High Court has refused to grant bail to a man booked under the NDPS Act and Arms Act for allegedly being involved in transporting drugs from drone across the border.Justice Jasjit Singh Bedi said, "Weapons and drugs are coming in across the border via drones. The weapons are used by terrorists and organized...
Proceedings To Attach Property U/S 146 CrPC Can't Be Initiated Once Right To Possession Has Been Decided By Court: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that the proceedings under Section 145, 146 CrPC cannot be initiated once the right to possession of the property has been decided by the Court.Section 145 CrPC prescribes the procedure to be followed by the Magistrate in case there is a dispute concerning land and Section 146 gives the power to attach the subject of dispute and to appoint...
[NDPS Act] Suspension Of Earlier Sentence Does Not Wipe Out Conviction, Can't Say Accused's Credentials Are 'Clean': Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that suspension of the previous sentence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) does not wipe out the conviction and it cannot be said that the credentials of the accused seeking bail is clean.The Court rejected the bail plea of the man allegedly involved in trading contraband inside jail in...