Punjab and Haryana High Court
[Lawrence Bishnoi Jail Interview Row] HC Seeks Clarification Over DGP's Press Statement That Bishnoi Was Not Lodged In Punjab Prison During Interview
The Punjab & Haryana High Court has directed the Punjab DGP, to clarify on what basis he had given statements in a press conference that gangster Lawrence Bishnoi was not confined in Punjab Prisons during his controversial TV interview from jail.In March 2023, wherein the Punjab DGP reportedly denied that the interview of gangster Lawrence Bishnoi was from any jail in Punjab.After SIT...
'Shocking Scenario': Punjab & Haryana HC Flags Trend Of Filing False Cases, Says Police Are Not Merely 'Postmen' For Forwarding Complaints
Flagging the rising trend of filing frivolous cases, the Punjab & Haryana High Court has said that the investigating officers are not merely postmen, who are there only to forward the complaints they receive to the Courts and to add "unnecessary pressure to the judicial system" and "ruin lives of citizens."Justice Alok Jain said, "A very shocking scenario is emerging whereby false...
POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the two special...
Specific Exclusion Clause In Agreement Renders Dispute Non-Arbitrable: Punjab & Haryana High Court
The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that when there is a specific exclusion clause in the agreement, the matter shall not be referred to Arbitration. Brief Facts The applicant filed this application under section 11 of the Arbitration Act, seeking appointment of the Arbitrator. The present application was filed on the basis of an...
Punjab & Haryana HC Allows Diljit's Concert In Chandigarh Tomorrow But Warns Of Penal Action If 75-Decibel Noise Limit Breached
The Punjab & Haryana High Court today permitted Punjabi singer Diljit Dosanjh to hold a concert in Chandigarh tomorrow (December 14). However, the court directed that the event must adhere to noise limits, maintaining ambient air quality standards with a maximum noise level of 75 decibels otherwise penal action can be taken against the organizers"No hesitation in allowing the event to...
Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC
A single bench of Punjab & Haryana High Court comprising of Justice Jagmohan Bansal held that the employee cannot approach Labour Court under the Section 33-C(2) of the I.D. Act, in absence of already determined liability of the employer to pay the retrenchment compensation. Background Facts The respondent joined petitioner-Corporation as Junior Engineer in the year...
Punjab & Haryana High Court Directs Videography Of Nomination Paper Filing In Municipal Corporation Elections
The Punjab and Haryana High Court on Thursday (December 12) directed the Punjab State Election Commission to video-graph the filing of nomination papers in the upcoming Punjab Municipal Corporation Election scheduled on December 21.A division bench of Justice Sureshwar Thakur and Justice Kirti Singh in its order directed the State Election Commission, "that as and when municipal elections...
Cannot Apply 1989 Amendment Retrospectively And Issue Demand Notices Under ESI Act: P&H HC
Punjab and Haryana High Court: A single judge bench of Justice Pankaj Jain dismissed appeals filed by the Employees State Insurance Corporation (ESIC). It upheld the order by the ESI court exempting the Punjab State Electricity Board (PSEB) from paying ESI contributions for its Phagwara sub-station. It held that Section 1(6) was introduced in 1989 and could not be applied retrospectively...
Returning Officer Tossing Coin To Break Tie In Panchayat Election Violated Election Rules: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that breaking tie by tossing coin in Punjab Panchayat Election results is violative of Punjab Panchayat Election Rules and instead the returning officer is supposed to make draw of lots.Referring to Punjab Panchayat Election Rules, Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "...patently unfold the trite fact that in case, when...
Punjab & Haryana HC Flags 'Disturbing Trend' Of NRIs Filing Matrimonial Cases In India For 'Harassment', Says Proxy Litigation Can't Be Allowed
The Punjab & Haryana High Court quashed the cruelty case filed by woman having Australian citizenship against her former Australian husband and in-laws observing that, "disturbing trend where criminal prosecution is initiated in matrimonial disputes in India by foreign nationals, who have voluntarily availed citizenship of another country and are in continuous residence there."...
Gurugram Marketed As 'Millennium City', Govt Must Ensure Cleanliness: High Court Slaps ₹50K Cost On Municipal Corp For Filling Irrelevant Data
The Punjab and Haryana High Court has raised serious concerns over piling of huge garbage dump in Gurugram “marketed as a millennium city” by the Haryana Government.The Court was hearing a plea on the issue of garbage dumping in Gurugram, hence status on lifting of dump was sought.While noting that the Municipal Corporation made an attempt to confuse the Court by filing irrelevant data,...
Haryana Panchayati Raj Act | Majority Not Required While Convening Meeting To Consider No-Confidence Motion: High Court
The Punjab & Haryana High Court has made it clear that under the Haryana Panchayati Raj Act at the time of convening of meeting for no-confidence motion, the presence of the majority of the members is not required.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There is no statutorily prescribed strength in rule supra, thus appertaining to the specific numbers of...