POCSO | Ejaculation Of Semen Not Required To Prove Penetrative Sexual Assault: Punjab & Haryana High Court

The Punjab & Haryana High Court upheld the conviction of rape and penetrative sexual assault against a minor under the Protection of Children from Sexual Offences Act, 2012 (POCSO), observing that the presence of semen is not required to be proved for penetrative sexual assault.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "When in the event of penetrative sexual assault...

Tenant Cannot Dictate Landlord About 'Bonafide Necessity', Landlord's Need Must Be Presumed Bonafide: Punjab & Haryana High Court

The Punjab & Haryana High Court has upheld eviction of tenants on the ground of "bonafide need" of the landlady observing that, the tenant cannot dictate what should be her bonafide need.Justice Deepak Gupta said, "It is not for the tenant to dictate to the landlord about her/ his bonafide necessity. If a landlord asserts that he requires the tenanted premises to expand the business, his...

'Vice Of Delays & Latches': Punjab & Haryana High Court Dismisses Plea Of Army Officer's Widow Seeking 'Liberalized Family Pension' Beyond 3 Yrs

The Punjab & Haryana High Court has dismissed the plea of an army officer's widow seeking a liberalized family pension since it was restricted to three years prior to the date of filing of the application but the same was filed after a lapse of more than 10 years after the death of the officer.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There being an evident abysmal...

High Court Stays Panchayat Polls In Parts Of Punjab; Slams State For 'Blatant Abuse Of Power', Says Attempt Made To Destroy Fair Election

The Punjab & Haryana High Court yesterday slammed the Punjab Government for "blatant abuse of power" of the state machineries in the upcoming Panchayat Elections, at the stage of filing of nomination papers. It has put an interim stay on further election proceedings in relation to villages involved in the petition.The polls were set to be held on October 15.A vacation bench of Justice...

Can HC Entertain Writ Against ED's Provisional Attachment When Alternate Remedy Is Available Under PMLA? Punjab & Haryana HC Answers

The Punjab & Haryana High Court has said that when an alternative remedy is available under the Prevention of Money Laundering Act 2002 (PMLA) against Provisional Attachment Order (PAO) issued by the Directorate of Enforcement, it would not be appropriate for it to entertain a writ petition even before the statutory 30 days' period from the date when PAO has been passed.Section 5(5) of...

Can Lok Adalat Order Issuance of Passport? Punjab & Haryana High Court Answers

The Punjab and Haryana High Court has ruled that Permanent Lok Adalat (Public Utility Services) does not have the jurisdiction to direct the Passport Officer to issue a passport.Justice Vinod S Bhardwaj considered the question whether issuance of Passport would fall within “immigration services” and be amenable to the jurisdiction of the Permanent Lok Adalat (Public Utility Services),...

Prima Facie Abused Position Of Media Advisor To Ex-Punjab CM, High Court Refuses Pre-Arrest Bail To Bharat Inder Chahal Booked In Bribery Case

The Punjab & Haryana High Court refused to grant anticipatory bail to Bharat Inder Singh Chahal, Media Advisor to former Punjab Chief Minister, accused for taking hefty bribe during his tenure in 2017-2021, and booked under the Prevention of Corruption Act.Chahal was media advisor to the then Chief Minister of Punjab Capt. Amarinder Singh, during March 2017 till September 2021. It was...

12 Personnel Already Deployed With Her: High Court Refuses To Interfere With Downgrade Of Former Punjab CM Rajinder Kaur Bhattal's Security

The Punjab and Haryana High Court has upheld the Punjab Police decision to downgrade the security of former Punjab Chief Minister Rajinder Kaur Bhattal from 'Z' category to 'Y'Justice Vinod S Bhardwaj found no basis to disagree with the competent authority's conclusion regarding the security needs of Bhattal.It noted that the authority, after a thorough assessment of the perceived threats...

'Unblemished Patriotic Soldier': Punjab & Haryana HC Grants Relief To Muslim IAF Officer Dismissed From Service For Second Marriage

The Punjab & Haryana High Court has set aside the dismissal order of an Indian Air Force (IAF) Officer who performed second marriage under Muslim Personal law, observing that he has served unblemished service as a patriotic soldier and his dismissal would amount to violation of right to livelihood.The IAF Officer was dismissed from the service because he performed second marriage without...

Drug Menace: P&H High Court Directs CBI To Enquire Into Large-Scale Manufacturing Of Tablets By Pharma Firms In Himachal

The Punjab & Haryana High Court has directed the CBI to conduct a preliminary enquiry on the alleged large-scale manufacturing of a drug by pharmaceutical firms in Himachal. The tablets manufactured by the firms were allegedly caught for being used for illicit trade.Justice Vinod S. Bhardwaj said, “Taking into consideration that huge quantity of drugs has been seized and the volume...

Punjab & Haryana High Court Directs Panjab University To Pay ₹1 Lakh To Law Student For Failing Him By Arbitrarily Reducing Marks

The Punjab and Haryana High Court has imposed a cost of Rs 1 Lakh on Panjab University for declaring a law student 'fail' in a paper of BA LLB 6th Semester.Considering the seriousness of the issue that may have an effect on the career of student, Justice Jasgurpreet Singh Puri directed the Vice Chancellor to look into the issue and take corrective measures within two months.“Since the...

ED Arrest Illegal If Not Based On Well Documented 'Reason To Believe' U/S 19 PMLA: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed the plea of an industrialist accused of money laundering, challenging ED arrest, observing that grounds of arrest explicitly reveal and point to the effect that the Arresting Officer had conveyed his intention, reasons, grounds and belief to arrest the petitioner.Neeraj Saluja was accused of illegally diverting over Rs.1,500 crores from the...