Punjab and Haryana High Court
'Judges Do Commit Mistakes, Healthy Criticism Welcome': Punjab & Haryana HC Drops Contempt Charge Against Man For Pleadings Against Judge
The Punjab and Haryana High Court while observing that "judges are not super humans and do commit mistakes" has set aside the suo moto criminal contempt case initiated against a man who made pleadings against a Judicial Magistrate.The man had alleged that the Magistrate is not inclined to pass an order but is only inclined to give adjournments. However, it was found that the adjournments...
Accused Need Not Be Heard Before Directing CBI Investigation: Punjab & Haryana High Court
Observing that "the accused need not be heard" before passing an order for CBI investigation, the Punjab and Haryana High Court has directed the central agency to probe a multi-crore fraud case in Punjab.Justice Jasjit Bedi perusing a conspectus of precedents observed, "...this Court can order an investigation by the CBI even after a report under Section 173(2) Cr.P.C. is submitted and...
In A First, Punjab & Haryana High Court Interprets Provision Of Bharatiya Nagarik Suraksha Sanhita
The Punjab and Haryana High Court has passed its first order interpreting a provision of the newly enforced Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).BNSS, along with Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam came into effect from July 1, 2024. Not soon thereafter, on July 2, the High Court was faced with the dilemma whether a criminal revision petition filed before it...
Breast Feeding Child Has Fundamental Right To Mother's Love: Punjab & Haryana HC Directs In-Laws To Handover 8 Months Old's Interim Custody
The Punjab and Haryana High Court has directed the in-laws of a woman to handover to her the interim-custody of her 8-months-old and 2-years-old daughters.Justice Kuldeep Tiwari observed that the breastfeeding infant cannot be deprived of her fundamental right to get mother's love and care."In the instant case, one of the petitioner's minor daughters, who is aged about 08 months, is...
Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that while adjudicating a rape case based on false promise to marry, the Court should take into accounts factors like comparative age of accused and victim, their educational, social and economic background and the nature of their profession.The list is not exhaustive and Court said entirety of facts and circumstances of each case will have to...
High Court Seeks Haryana Govt's Response On Gurmeet Ram Rahim's Plea Seeking 21 Days Furlough
The Punjab and Haryana High Court today sought response from the Haryana Government on a plea filed by Dera Sacha Sauda chief Gurmeet Ram Rahim, seeking directions to the State to consider his application for 21 days furlough.Division Bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji has listed the matter for July 31.The plea states that the Dera chief is eligible...
School Built On Land Acquired For 'Mandi' Serves Public Purpose: P&H HC Declines Former Owner's Plea To Release Acquired Land, Imposes 25K Cost
The Punjab & Haryana High Court has refused to allow a plea seeking the release of the land acquired by the State Government for the development of a 'Mandi' which was later used for building a school, observing that the public purpose is served.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "The reason is but trite, and, simple, that since even a...
Punjab & Haryana High Court Weekly Round-Up: June 23 - June 30, 2024
Nominal Index [Citations 220 - 231]Rajinder Singh @ Bittu v. State of Punjab 2024 LiveLaw (PH) 220Prabal Titus v. State of Punjab and others 2024 LiveLaw (PH) 221 Veena Parmar v. State of Punjab 2024 LiveLaw (PH) 222Shanti Devi @ Sham Kala v. Rajasthan State Road Transport Corporation and another 2024 LiveLaw (PH) 223XXX v. XXX 2024 LiveLaw (PH) 224Manjraj Singh Chatha v. Panjab Univ....
Violates Right Of Press: Punjab & Haryana HC Seeks Explanation On State's 'High-Handedness' For Arresting Journalist Who Made Video Against Real Estate Owner
The Punjab & Haryana High Court today sought a response from the Punjab Government on the allegations of "highhandedness and colourable exercise of power" by which a Punjab journalist was arrested on charges of extortion for publishing news against a real estate owner.While granting interim bail to journalist Rajinder Singh Taggar, Justice Sandeep Moudgil said, "State of Punjab is called...
High Court Seeks State's Response On Plea By NHAI To Provide Security To Toll Plazas Allegedly Encroached By Protestors In Punjab
The Punjab & Haryana High Court today, issued notice on the plea filed by the National Highways Authority of India (NHAI) seeking security and administrative assistance for the smooth functioning of toll plazas in Punjab, against the forceful stoppage of toll plazas and illegal operation of the same by the protestors.The Farmer union activists have been protesting against frequent hikes...
Mere "Religiously Compromised" Expression Not Offence U/S 295A IPC, Intentional Insult Provoking Breach Of Peace Essential: Punjab & Haryana HC
The Punjab and Haryana High has held that merely making "religiously compromised" statements is not an act sufficient for the Magistrate court to take cognizance of offence under Section 295A IPC.The provision criminalizes deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion.Justice Sandeep Moudgil said that to constitute the offence,...
No Fundamental Right Of Employee Violated If Competent Authority Abolishes Promotional Post: Punjab & Haryana High Court
The Punjab & Haryana High Court has held that there will not be a violation of the fundamental right of an employee if the Competent Authority has created or abolished a promotional post.Justice Jagmohan Bansal said, "A person has right to be considered for promotion against a post. If the Competent Authority has created or abolished a promotional post, the Court cannot hold that there...