Punjab and Haryana High Court
[S. 311 CrPC] Prosecution Can Never Be Allowed To Fill Lacuna, Courts Should Decide Plea On 'Test Of Essentiality Of Evidence': Punjab & Haryana High Court
The Punjab & Haryana High Court has recently said that the prosecution can never be allowed "to fill up the lacuna by film plea under Section 311 CrPC and the Court's determination of the application should be based only on the "test of essentiality of evidence."According to Section 311, "any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any...
Division Bench In Letters Patent Appeal Has No Power To Stay Contempt Plea Before Single Judge: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that in a Letters patent appeal (LPA) the division bench lacks jurisdiction to stay the proceeding before a single judge's contempt court.Justice Rajbir Sehrawat said, "...the Division Bench hardly has any jurisdiction to pass an order, while hearing such a LPA against order of a writ Court, that the contempt Court shall not proceed with...
'No One Can Be Left Remediless' Is Backbone Of Indian Constitution, Astonished How Worker Was Deprived Of Remedy For 20 Yrs: Punjab & Haryana High Court
Observing that it is astonishing "how for more than 20 years a workwoman has been deprived to avail an appropriate legal remedy",the Punjab & Haryana High Court has directed the Labour Court to decide a plea challenging the oral termination order passed in 2003. The petitioner approached three different forums, but she was left remediless each time.Justice Sanjay Vashisht said, "this...
Failure To Fulfill Basic Financial Responsibilities By Husband Amounts To Cruelty, Desertion: Punjab & Haryana High Court
The Punjab & Haryana High Court has upheld the ex-parte dismissal of a divorce plea filed by a husband, observing that the husband failed to fulfil basic financial responsibilities which amounts to cruelty and desertion.The husband alleged that wife has left her matrimonial house along with their child, which amounts to cruelty. However, the Court found it is husband who had deserted...
Relying On SC's Kejriwal Order, High Court Grants Interim Bail To Former Punjab Minister Booked Under PMLA To Campaign For Lok Sabha Polls
Relying on Supreme Court's order granting interim bail to Delhi Chief Minister Arvind Kejriwal to campaign for the upcoming Lok Sabha Elections, the Punjab and Haryana High Court has granted interim-bail to Punjab's former Forest Minister Sadhu Singh Dharamsot, arrested by the Enforcement Directorate in connection with a money laundering case.Justice Vikas Behl said, "This Court does not...
Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024
Nominal Index [Citations 143 - 152]Neeraj Bhardhwaj v. State of Haryana & Ors. 2024 LiveLaw (PH) 143The Bathinda Central Cooperative Bank Employees Union (Regd.), Bathinda vs. Election Commission of India and others Citation: 2024 LiveLaw (PH) 144Sushil Kumar @ Sushil Yadav & Anr v. State of Haryana & Anr 2024 LiveLaw (PH) 145Gopal Krishan vs State of Punjab and Others Citation:...
'Require Active Deterrence': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Booked For Stalking, Brandishing Gun At Girl
The Punjab and Haryana High Court has refused to grant anticipatory bail to a 34-year-old man accused of stalking and brandishing a gun at a girl, observing that the act "requires active deterrence."Justice Sumeet Goel observed, "A man who is hounding a young female while brandishing a gun, poses a threat which can become a cause of disquiet and pernicious trauma for the victim as also...
Unfortunate Teachers Are Made To Fight For Their Service, Endeavour Should Be Made To Appoint Them On Regular Basis Instead Of Ad-Hoc: P&H High Court
Expressing concern over rising number of cases relating to appointment of teachers, the Punjab and Haryana High Court has said that it is unfortunate that teachers, who are nation builders are fighting on roads or courts for their rights.Justice Jagmohan Bansal said, "a number of petitions are coming up before this Court on account of contractual, ad hoc or temporary appointment of teaching...
Punjab ADA Exam | Bar Association Certificate Sufficient To Prove Experience, State Can't Ask For Appearance Record In Court Order: High Court
The Punjab and Haryana High Court has upheld the single judge's decision to the effect that a certificate issued by the Bar Association of the concerned Court would qualify as proof of experience at the Bar.The development came after the Punjab Government's decision to direct the selected Deputy District Attorney (DDA) and Assistant District Attorney (ADA) candidates to produce court orders...
Employee Entitled To Interest On Retirement Benefits For Unjustifiable Delay On Part Of Employer: Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Namit Kumar held that where there is an inordinate delay in retirement benefits and the delay is not justifiable, the employee will be entitled to interest. It held that an employee will be entitled to the interest on an amount which was retained by the employer without any valid justification. Brief Facts: The Petitioner,...
Cost Of Security Provided To Those Associated With Religious Orgs, Political Parties Or Entertainment Industry Must Be Recovered From Them: P&H High Court
The Punjab & Haryana High Court has sought Standard Operating Procedures (SOP) from both the states and UT Chandigarh regarding providing security to individuals against threat perception and also about charges payable against it.While directing details required to be included in SOP, Justice Harkesh Manuja said, "If an individual is provided security due to their association with a...
'Juristic Person Cannot Be Put Behind Bar', Amazed How Trial Court Entertained Pre-Arrest Bail Plea Of School: Punjab & Haryana High Court
The Punjab and Haryana High Court recently dismissed as non-maintainable a pre-arrest bail application moved by a school in a fraud case.Justice Kuldeep Tiwari while dismissing the plea said, "...being totally antagonist to the real persons, a juristic person cannot be put behind bars. When no mechanism to put a juristic person behind bars has yet been evolved, therefore, there arose no...