Punjab and Haryana High Court
Taking Creditors As Abettor When Person Commits Suicide Due To Pressure Of Debt May Harm Legitimate Interest Of Those Reasonably Asking For Money: P&H High Court
The Punjab & Haryana High Court has quashed an FIR lodged for abetment to suicide against a man who was allegedly "pressuring" the deceased to return the money lent.While setting aside the FIR, Justice Jasjit Singh Bedi said, "Where a person succumbs to the pressure of his debt and the creditor is taken as an abettor to his suicide simplicitor, the legitimate interest of a person asking...
Punjab And Haryana High Court Stays CBIC-Circular Concerning Taxability Of Corporate Guarantees
The Punjab and Haryana High Court has stayed the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) concerning the taxability of corporate guarantees.The bench of Justice Sanjeev Prakash Sharma and Justice Sukhvinder Kaur, while issuing the notice, stayed CBIC Circular dated October 27, 2023, to the extent that it clarifies that the provision of corporate guarantee...
Punjab & Haryana HC Declines Interim Relief To Bank Opposing Election Duty Of Its Employees, Says It's Imperative To Uphold Democracy
The Punjab and Haryana High Court has refused to grant interim relief to a cooperative bank which has challenged Election Commission's order requiring its employee for election duty.Justice Aman Chaudhary said,"Engaging in election duty is akin to fulfilling a solemn duty that each citizen owes towards the nation, analogous to participating in a festival celebrating the democratic principles...
'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC Qualifications
Observing that "teaching in a college is a responsible job", the Punjab & Haryana High Court has directed the Haryana Government to take steps to relieve professors who are teaching without possessing the minimum qualification prescribed by the University Grants Commission (UGC).A division bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "If persons do not...
General Elections: High Court Seeks Response From Punjab's Chief Electoral Officer On Plea Against "Blanket Order" For Surrender Of Licensed Arms
The Punjab and Haryana High Court has sought response from the Punjab Government authorities and State's Chief Electoral Officer on a PIL challenging alleged blanket order passed by the local police to deposit fire arms owned by licence holders during elections.The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Punjab Government, State Chief...
Discretionary Jurisdiction Of Court cant Be Used To Extend Employee's Service Beyond The Period Entitled : Punjab And Haryana High Court
A division bench of the Punjab and Haryana High Court comprising of Hon'ble Mr. Justice G.S. Sandhawalia, Acting Chief Justice and Hon'ble Ms. Justice Lapita Banerji, while deciding Letters Patent Appeal in the case of Jai Bhagwan vs State of Haryana & others, held that the discretionary jurisdiction of the courts cannot be employed to prolong an employee's tenure beyond...
Findings Of Inquiry Officer Are Not Binding On Punishing Authorities: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that the punishing authority may or may not agree with the findings recorded by the Inquiry Officer. Further, it held that while deciding a case where the disciplinary enquiry is conducted for the alleged misconduct against the public servant, the Court has to determine: (a) Whether the enquiry was held by...
Riparian Land Owners Entitled To Alluvion Deposits When Rivers Change Their Course: Punjab & Haryana High Court
The Punjab & Haryana High Court has declared a notification deleting clause of the Punjab Village Common Lands (Regulation) Act, 1961 as "unconstitutional" observing that riparian land owners will be entitled to alluvion depositsThe Court said that deleting Section 2(g)(i) of the Punjab Village Common Lands (Regulation) Act, 196 is liable to be declared to be ultra vires Article 31-A of...
Punjab & Haryana High Court Seeks Response From State, Bar Council In Plea For Extending Maternity Benefit To Female Lawyers
The Punjab & Haryana High Court has sought a response from both the States and UT Chandigarh and Bar Council of Punjab & Haryana on a PIL filed seeking directions on the authorities to pass a resolution and ensure that the benefits conferred by the Maternity Benefit Act, 1961 is extended to female advocates engaged in litigation.A division bench of Acting Chief Justice G.S....
Punjabi Language Exam Can't Test Individual's "Punjabiath": High Court Sets Aside Syllabus Prescribing State's Culture, History In ETT Syllabus
Observing that the state "failed to consider the difference between Punjab and Punjabi language", the Punjab and Haryana High Court has set aside the syllabus of Punjabi language for Elementary Trained Teacher (ETT) recruitment exam.The Court noted that the examination of Punjabi language has been incorporated by the respondents in a manner to mean understanding all the Punjabi culture,...
Writ Of Certiorari Can't Be Used To Dispute Industrial Tribunal's Factual Findings: Punjab & Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth upheld the Tribunal's decision, emphasizing the limited scope of appellate jurisdiction under Article 226, focused on rectifying legal errors rather than factual disputes, and highlighted the importance of maintaining the integrity of lower courts and tribunals. The writ was filed by the Management after it...
In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court
Dealing with a "unique prayer" seeking fifteen days' advance notice in case the investigator proposes to arrest the accused in a corruption case, the Punjab & Haryana High Court said that if a pre-arrest bail plea is filed and investigators take a stand that they do not intend to arrest, then the Court can direct them to inform the accused about their intention so that later they cannot...