Punjab and Haryana High Court
Conviction Of Wife For Murdering Minor Son With Alleged Paramour Amounts To Cruelty: Punjab & Haryana High Court
The Punjab & Haryana High Court has upheld divorce granted to ahusband on the ground of cruelty committed by wife wherein she was convicted for committing murder of her minor son along with her alleged paramour.Justice Sudhir Singh and Justice Harsh Bunger said, "The involvement and ultimate conviction and sentence of the appellant in such a gruesome crime along with her accomplice i.e....
Utterance Made In Moment Of Anger Or Emotion Cannot Be Deemed Instigation For Abetment Of Suicide: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that utterances made in a moment of anger or emotion cannot be deemed instigation for abetment of suicide, as mens rea is an essential element to constitute the offence. It thus set aside the conviction of a wife under Section 306 IPC booked for abetting the suicide of her husband.Justice Manjari Nehru Kaul said, "Utterances made in a moment of anger...
Sessions Court Can Cancel Pre-Arrest Bail Granted By HC On Account Of Subsequent Events But Can't Adjudicate Upon Its Veracity: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the Sessions Court can cancel anticipatory bail granted by High Court only on account of subsequent event but cannot adjudicate upon "veracity of the High Court order".Justice Sumeet Goel said, "A Sessions Court has power to cancel an anticipatory bail granted by High Court or earlier granted by it. However, the Sessions Court can...
Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case
Observing that "it cannot be stated that fair trial has been conducted", the Punjab & Haryana High Court has set aside the conviction of a Kenyan woman in a drugs case after it found that she did not understand the language in which police communicated with her.Justice Deepak Gupta said, "It cannot be stated that fair trial has been conducted. The entire investigation is held to be...
Ram Rahim's Plea For Parole: High Court Asks Haryana Govt To Submit How Many Parole Applications Had Been Rejected Citing 'Law & Order' Situation
The Punjab & Haryana High Court today, asked the Haryana Government to submit an affidavit on how many paroles have been rejected citing the law and order situation as the "court is flooded" by petitions challenging the same.The development came while hearing an application filed by self-styled Godman Gurmeet Ram Rahim to vacate the order wherein the High Court directed him to surrender...
'Traumatic Situation', False Allegations Of Sexual Assault By Wife Against Husband's Relatives Amounts To Cruelty: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a false allegation of sexual assault by a wife against a husband's relatives amounts to cruelty and can be a ground for divorce.A division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "Levelling the allegations of sexual assault against all the male members of the family and the factum of them having been found...
[Mental Health Care Act] Punjab & Haryana High Court Seeks Response From State On Plea To Establish Community Home For Persons With Mental Illnesses
The Punjab & Haryana High Court has sought response from both the states on Public Interest Litigation (PIL) filed seeking directions to establish community-based group homes for persons with mental illness and to frame comprehensive guidelines as per the Mental Health Care Act, 2017.Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji issued notice to the Governments of...
'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy
Observing that if the child is born "shall be a reminder of trauma and agony she had to undergo", the Punjab & Haryana High Court has allowed the termination of pregnancy of a married woman who was allegedly sexually assaulted by her husband.Justice Vinod S. Bhardwaj said, "It can also not be lost sight of the fact that the pregnancy is claimed as an outcome of unwanted relationship which...
Youth In Punjab Cross Borders In Hope Of Untapped Opportunities; Visa Thugs Make Mockery Of Their Aspirations: Punjab & Haryana High Court
Visa thugs are making mockery of public aspirants and needs to be dealt sternly observed the Punjab & Haryana High Court, while rejecting a pre-arrest bail plea of a travel agent who were accused of defrauding a man by taking Rs.50 lakhs to process Visa to send his children to Canada for employment.Justice Anoop Chitkara observed, "...youth of Punjab aim at crossing borders in hopes to...
Punjab & Haryana HC Seeks Response From Union, State Govt On Class 10 Student's Plea To Prevent Minors From Accessing Tobacco Items From Online Platforms
The Punjab & Haryana High Court on Saturday, has sought response from Union Government and state authorities on Public Interest Litigation (PIL) filed seeking prohibition on access of tobacco items to minors from online platforms.While noting the gravity of the issue Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji issued notice to Union Government, State Governments...
S.52A NDPS Act | Contraband Becomes Primary Evidence Only When It Is Tested Through Magistrate: Punjab & Haryana High Court
The Punjab & Haryana High Court has set aside the conviction of a man under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) , observing that there was no evidence that magistrate was present when the sample was drawn from the bulk, hence the contraband produced by the prosecution cannot be considered as a "primary evidence."Referring to Section 52 (4) of NDPS Act,...
Punjab & Haryana High Court Expresses Concern Over Growth Of Wild Cannabis, Flags State Inaction & Calls For Status Report
It is a matter of grave concern wherein narcotic drugs are "playing havoc" in the life of the young generation and needs to be addressed, observed the Punjab & Haryana High Court on the issue of wild cannabis growing in Chandigarh, Mohali and Panchkula.Highlighting the State inaction the bench said, "the State machinery, who have an onerous duty but seems have to failed or is turning a...