Punjab and Haryana High Court
If Excess Pension Is Accepted With Due Knowledge, Objecting Its Recovery Is Not Permissible: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that if excess amount is accepted by the pensioner with due knowledge, not only that the said amount can be recovered at the later stage, objecting to the recovery of the excess amount is also not permissible.Justice Harsimran Singh Sethi said, "Every citizen claims rights but no one is ready to discharge the liability. Once a citizen knew that...
Auction By Based On Non-Existent Order; Punjab & Haryana High Court Imposes Cost On Income Tax Authorities
The Punjab and Haryana High Court has held that the auction proceedings based on a quashed ex-parte income tax appellate tribunal (ITAT) order by the tax recovery officer are void ab initio.The bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma has directed the respondent department to restore the properties of the petitioner-HUF from the auction purchasers and...
Wife Not Serving Tea To Husband's Relatives Is Normal Wear & Tear Of Married Life, Not A Ground Of Cruelty: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that merely because the wife did not serve tea to the relatives and friends of the husband, or that the she quarreled over petty matters, cannot be constituted as cruelty to form ground for divorce.These observations were made while dismissing an appeal filed by the husband seeking divorce on the ground of cruelty .Justice Sudhir Singh...
Manufacturing Illicit Liquor Can Create Havoc In Society, Punjab & Haryana HC Refuses Pre-Arrest Bail To Woman Convicted In 7 Spurious Liquor Cases
Observing that manufacturing spurious liquor can cause "havoc in the society", the Punjab & Haryana High Court has rejected anticipatory bail plea of a woman who was accused of distilling illicit liquor in her house and selling the same at higher price.The Court also noted that the woman had massive criminal history wherein she was booked for trading illicit liquor. Justice Anoop...
S. 27 Evidence Act | Recovery Of Material Object On Disclosure Of Accused Doesn't Automatically Mean Offence Was Committed By Him: Punjab & Haryana High Court
The Punjab & Haryana High Court has acquitted two murder convicts, observing that the discovery of incriminating material would not automatically conclude that the offence was committed by the accused.A division bench of Justice Gurvinder Singh Gill and Justice N.S. Shekhawat observed, "no doubt, the recovery of a material object at the disclosure of the accused is important in view...
Punjab & Haryana High Court Directs No Flying Zone Over Chandigarh On 8-9 June To Enable Drone Mapping Over HC Area
The Punjab & Haryana High Court has directed the Union Government to grant necessary permission for June 8 and 9 for the drone survey in the High Court area.For the collection of geographic information system (GIS) related data by drones, the area is required to remain out of bounds for all low-flying crafts, such as helicopters, which is necessary for the Heritage Impact Assessment...
Punjab & Haryana HC Quashes Assault FIR Against Elvish Yadav With Condition To Stop Promoting Violence, Substance Abuse On Social Media
The Punjab & Haryana High Court has quashed an FIR lodged against YouTuber Elvish Yadav for allegedly assaulting and threatening a social media influencer Sagar Thakur, subject to the condition that he and "his accomplices" should refrain from depicting or promoting violence and substance abuse on social media.Justice Anoop Chitkara noted, "The FIR portrays that the motive for violence...
'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution."The Court was hearing a petition for quashing FIR, during the proceeding it found that earlier also the petitioner had preferred a plea for quashing of the same FIR,...
Mere Registration Of Cases Against Convict Not Sufficient To Deny Parole, Cogent Material Must: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that mere registration of various cases against a convict is not a sufficient ground to deny parole and there must be "cogent material" to refuse relief.Justice Lisa Gill and Justice Amarjot Bhatti noted that in the present case, parole was rejected by the District Magistrate because according to the report furnished by Senior Superintendent of...
Plea for Quashing FIR Remains Maintainable Despite Substantial Examination Of Prosecution Witnesses: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that when material prosecution witnesses have been examined, the plea for quashing under Section 482 CrPC will still be maintainable before the High Court.Justice Sumeet Goel said, "It cannot be said; as a matter of absolute principle; that once substantial/important prosecution witness(s) have been examined, the High Court looses its...
Punjab & Haryana High Court Grants Interim Bail To Man Convicted Under NDPS Act And Involved In 26 Other Cases To Marry His Fiance
The Punjab & Haryana High Court has granted interim-bail to a man convicted and sentenced to undergo rigorous imprisonment for 10 years under NDPS Act, so as to enable him to marry.Justice Anupinder Singh Grewal and Justice Kirti Singh noted that, "The applicant has been convicted in the...case and he is stated to have undergone an actual sentence of 04 years. His marriage is to take place...
State Has Right To Refrain From Preparing Waiting List While Completing Selection Process: Punjab & Haryana High Court
The Punjab & Haryana High Court has held that it is the absolute discretion of the State to prepare a waiting list in a selection process and the Court cannot ask to prepare the same.Justice Jagmohan Bansal said, "Court cannot ask to prepare waiting list. In the absence of waiting list, court cannot ask the State to fill up vacancy in case any selected candidate does not join. It is a...