Punjab and Haryana High Court
No Statutory Requirement That Accused Must Put Signature On Bail Bond In Court Or In Presence Of Police Officer: Punjab & Haryana High Court
The Punjab & Haryana High Court has made a significant observation with respect to filing of bail bond, that there is "no statutory requirement" that the accused must put their signatures on it, in the presence of the Police officer or in the Court.While granting anticipatory bail in the corruption case, Justice Anoop Chitkara allowed a 75-year-old elderly woman suffering from...
'Would Cause Irreparable Loss If Not Allowed': Punjab & Haryana High Court Allows Prisoner Accused In Murder Case To Appear For LLM Exam
The Punjab & Haryana High Court has allowed an accused imprisoned in a murder case to appear in the LLM exam, observing that if he is not allowed, then "irreparable loss" would be caused.Justice Vikas Bahl noted that the prisoner has been a meritorious student, attained good grades in LLB and has also done 25 courses from various Foreign Universities.The Court opined that "in case...
'Impossible For Police To Plant Heavy Contraband': Punjab & Haryana High Court Dismisses Appeal Of Men Convicted For Possessing 25 Kg Heroin
The Punjab & Haryana has dismissed the appeal challenging the conviction under the NDPS Act for possessing 25 kg heroin. The Court rejected the argument that the contraband was planted by the police and that accused persons were falsely implicated in the case.Justice Gurvinder Singh Gill and Justice N.S. Shekhawat said, "the recovery of the contraband was too heavy and it was impossible...
[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost
The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".While noting that there is no merit in the petition, a devision bench of Justice Sureshwar Thakur and Justice Ritu Tagore said,...
'16-18 Yr-Old Children Need Mother's Attention': Punjab & Haryana HC Grants Bail To Mother Convicted Of Causing Sister-In-Law's Dowry Death
The Punjab & Haryana High Court has granted bail and suspended the sentence awarded to a woman for committing dowry death of her sister in law. The Court noted that the woman is the mother of two teenagers, who would require her care.Justice Harpreet Kaur Jeewan said, "keeping in view the fact that the children aged 16 years and 18 years require personal care and attention of their mother...
Offences Under IPC Or Arms Act Discovered By ED While Searching Under FEMA Can Be Treated As Predicate Offences Under PMLA: Punjab & Haryana HC
The Punjab & Haryana High Court has dismissed the plea seeking quashing of the Enforcement Case Information Report (ECIR) lodged under PMLA on the basis of a search conducted under the Foreign Exchange Management Act, 1999 (FEMA). The predicate offence was the FIR lodged pertaining to visa fraud under Sections 472 (Making or possessing counterfeit seal, etc., with intent to commit...
Individuals May Be Granted Security Cover Due To Threat Perception On Full Payment Basis: Govt's Tell Punjab & Haryana High Court
The Governments of Punjab and Haryana and UT Chandigarh have submitted a Standard Operating Procedures (SOP) on providing security cover to individuals against threat perception and also about charges payable against it.The development came after Justice Harskesh Manuja had sought details from the Punjab DGP on security cover provided to VIPs and individual persons under the State...
[POCSO] Accused's DNA Not Matching With Victim's Vaginal Swab, Absence Of Semen Doesn't Rule Out Penetrative Sexual Assault: P&H High Court
The Punjab & Haryana High Court has said that non-matching of the DNA of the accused with the vaginal swab of the alleged victim and the absence of semen from the vaginal swab would not rule out the offence of “penetrative sexual assault” under the Protection of Children from Sexual Offences Act (POCSO) when the victim has supported her version in a recorded statement.Justice...
Second Plea For Parole Merely Due To Change In Date Of Daughter's Marriage Not Maintainable: Punjab & Haryana High Court
The Punjab & Haryana High Court has rejected the second plea for parole of a man convicted under the NDPS Act, filed to attend his daughter's marriage, observing that a fresh plea merely on the ground of change of date of marriage is not maintainable.Justice Kuldeep Tiwari said, "this Court is unable to comprehend, how a fresh petition is maintainable merely on the change of the date...
Writ Court May Award Compensation On Account Of Breach Of Public Duty In Addition To Claim Of Tort Under Private Law: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a writ Court may award compensation to a person aggrieved in addition to the independent right of the party to claim compensation under the private law in a civil action based on tort.These observations came in response to the plea filed for compensation on account of the death of a child who was allegedly electrocuted after a...
12-Yr-Old Sexual Assault Victim Wouldn't Be Able To Mentally Comprehend Crime, Delay In Lodging FIR Not Fatal To Case: Punjab & Haryana High Court
The Punjab & Haryana High Court has dismissed the appeal file against the conviction for sexual assault committed under the Protection of Children from Sexual Offences Act (POCSO Act) on 12-year-old girl, observing that, seven days delay in lodging the FIR is not fatal to the case.Justice Nidhi Gupta said, "It has to be understood that upon having been sexually assaulted by the appellant,...
NI Act | Court Cannot Compel Complainant To Give Consent U/S 482 CrPC For Compounding Offence: Punjab & Haryana High Court
The Punjab & Haryana High Court has dismissed the plea seeking direction to the complainant to compound the offence committed under the Negotiable Instrument Act (NI Act).The Court noted that the dispute between the parties is of over 1.73 crores which was outstanding as on March 03, 2016.Justice Kuldeep Tiwari said, "...this Court cannot compel the complainant to give his consent, or, in...