Punjab and Haryana High Court
Workman Can't Claim Promotion When His Services Are Not Regularized, Punjab And Haryana High Court Dismisses Writ Petition
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that a workman cannot claim promotion at a date when his services were not regularized. The bench dismissed a writ petition filed by a workman who was allegedly not promoted by the Management despite being in a higher position in the seniority list. The suit for declaration was also filed 10 years later from...
Imposing Multiple Punishments Cumulatively On Workman For One Single Act Violates Principle Of Double Jeopardy: Punjab And Haryana High Court
The Punjab and Haryana High Court (“High Court”) single bench of Justice Sanjay Vashisth held that imposition of two punishments cumulatively for one single act of the Workman violates the principle of double jeopardy. The High Court noted that the Labour Court imposed two penalties on the Workman, depriving him of one increment and back wages simultaneously. The High Court...
Nuh Demolition | High Court Seeks Haryana Govt's Response In Plea Seeking Compensation, Intervention Applications In Suo Moto Matter
The Punjab & Haryana High Court today sought a response from the Haryana Government on writ petitions seeking compensation and 8 intervention applications filed in the Suo Moto case taken after a demolition drive was carried out by the Haryana Government in Nuh district.A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji was hearing the suo moto case...
'Bitterness Can't Be Genesis For Case': P&H HC Imposes ₹50k Cost On Wife Who Failed To Give Statement In Cruelty Case After Settlement, Quashes FIR Against Husband
The Punjab & Haryana High Court has imposed a cost of Rs.50 thousand on a woman who failed to turn up before the Magistrate to record her statement about the settlement of the matrimonial dispute after taking maintenance from her husband.While setting aside the FIR lodged against the husband for cruelty and allegations of harassment on account of dowry and Istridhan, the Court...
Failure Of Management To Prove Credibility Of Resignation Letter, Termination Of Illiterate Worklady Declared Invalid: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth declared the termination of an illiterate work lady violative of Section 25-F of the Industrial Disputes Act, based on the Management's failure to verify the handwriting on the resignation letter. Since the management failed to present any witnesses to support the authenticity of the resignation...
'Courtroom Can Be Wild Enough Place Without Summoning Spirits From Grave': Punjab & Haryana HC Warns Lawyer Seeking Pre-Arrest Bail For Dead Man
Observing that "courtroom can be a wild enough place without summoning the spirit from graveyard", the Punjab and Haryana High Court today warned an advocate who filed the pre-arrest bail plea for a man who was found to be dead a month before the filing of the plea.Justice Manjari Nehru Kaul had summoned the lawyer for explaining "how the Power of Attorney of a dead person could have...
[Surveillance Register] Mere Acquittal Not Sufficient For SP To Believe That Registered Person Is Not Habitual Offender: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that for purpose of a "survelliance register," the mere acquittal of a person is not enough for the Superintendent of Police to have a reasonable belief with respect to the person being a habitual offender or not.A surveillance register is a record maintained at the police station to monitor habitual offenders residing within the jurisdiction...
[UAPA] Punjab & Haryana High Court Grants Bail To Woman Booked For Harbouring Man Allegedly Conspiring To Set Up Separate State
The Punjab & Haryana High Court has granted bail to a 58-year-old woman booked under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA) allegedly for harbouring a man accused of hatching a criminal conspiracy to set up a separate state in 2019.A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh noted that the woman "had helped the co-accused...
Punjab & Haryana HC Grants Bail To Persons Accused Of Taking ₹8 Crore To Bribe SC's Lodha Committee, SEBI Officials For Transferring Property At Cheap Rates
The Punjab & Haryana High Court has granted bail to persons accused of taking Rs. 8 Crore to bribe Supreme Court's Lodha Committee and SEBI officials for getting necessary clearance for the property to be transferred at a cheap rate.While granting bail to two of the accused persons, Justice Deepak Gupta noted, "As rightly pointed out by learned Senior Counsel that in the entire FIR, there...
Punjab & Haryana High Court Weekly Round Up: April 22 - April 28, 2024
Nominal Index [Citations 125 - 134]Rakesh Das v. State of Haryana & Ors. 2024 LiveLaw (PH) 125Simran Kaur versus Union of India and others 2024 LiveLaw (PH) 126Pradeep Kumar v. State of Haryana 2024 LiveLaw (PH) 127Kaushal and Others v. Raj Kamal and others 2024 LiveLaw (PH) 128XXX v. XXX 2024 LiveLaw (PH) 129XXX v.XXX 2024 LiveLaw (PH) 130Naresh Kapoor v. State of Punjab and anr. ...
Prosecutor Can't Merely 'Cross Sign' & 'Forward' Investigator's Application For Extension Of Custody U/S 36A(4): Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear that the Public Prosecutor (PP) mere by "cross signing" and writing "forwarded" on the application filed by the investigating agency, seeking extension of time for probe would not satisfy the essential condition under Section 36A (4) of the NDPS Act.According to Section 36A (4) of the NDPS Act, in an offence involving commercial quantity, if...
P&H HC Lays Down Guidelines For Invoking S.340 CrPC In Matrimonial Disputes, Says Surge In Cases Motivated By 'Vexatious Spirit' Has Considerably Increased Pendency
Observing that "the recent surge in matrimonial disputes motivated by litigious and vexatious spirit, has left the Courts with considerable pendency," the Punjab & Haryana High Court has laid down guiding principles for invoking the provisions of Section 340 Cr.P.C. in matrimonial casesWhile setting aside the order of a Family Court which directed to file complaint under Sections 191,...