Punjab and Haryana High Court
[Maur Mandi Blast] Accused Persons Not Arrested Even After Repeated Opportunities: Punjab & Haryana High Court Expresses Displeasure With Probe
The Punjab & Haryana High Court has expressed displeasure at the pace of the investigation conducted by the Special Investigation Team (SIT) into the 2017 Maur Mandi blast that took place in Punjab's Bathinda, ahead of the state assembly elections. The blast resulted in the deaths of seven persons and left several injured.During the investigation, the police named the three accused who...
Applicability Of S.207 CrPC Limited To Only Supplying Documents To Accused Which Are 'Relied Upon' By Prosecution: Punjab & Haryana High Court
While rejecting the plea to supply documents to an accused including the police diary in the Sippy Sidhu murder case, the Punjab & Haryana High Court said that the applicability of the provisions of section 207 Cr.P.C. is limited to supplying the accused with documents and materials only 'relied upon' by the prosecution.According to Section 207 Cr.P.C, when the proceeding has been...
"No Wall, No Plaster": Punjab & Haryana HC Says No Prosecution Under PMLA When Accused Acquitted In Predicate Offence/ Closure Report Filed
The Punjab and Haryana High Court has said that when a closure report is filed in the predicate offence, the complaint filed by Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) based on that predicate offence would also be closed.Justice Anoop Chitkara elucidated that, "The proceedings under PMLA are always subservient and secondary to the primary...
Once ITO Accepts Rate At Which Closing Stock Was Valued, No Addition To Net Profit Can Be Made Without Recomputing Trading Result U/s 145(1): Punjab & Haryana HC
Finding that the stock production and consumption records were maintained under the supervision of the Excise Authorities and there is no objection raised with regard to the said stock by the ITO, the Punjab & Haryana High Court held that the Assessing Officer could not have proceeded on a presumption alleging higher wastage shown by the assessee.The High Court found that in the present...
"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship
Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said that since the girl...
Lok Sabha Elections: Congress Candidate Against Former Haryana CM ML Khattar Moves High Court Seeking Quashing Of FIR
Youth Congress leader Divyanshu Budhiraja, who is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar, has moved the Punjab and Haryana High Court seeking quashing of a case registered against him for his alleged failure to appear before the trial court in a criminal case.The plea states that Budhiraja was booked in 2018 under Section 3-A of Prevention...
Punjab & Haryana High Court Monthly Round Up: March 2024
Nominal Index [Citations 65 - 101]Axx v. STATE OF HARYANA AND ANOTHER 2024 LiveLaw (PH) 65XXX v.XXX 2024 LiveLaw (PH) 66KARAMJEET KAUR v. STATE OF PUNJAB AND OTHER 2024 LiveLaw (PH) 67Savita v. State of Haryana 2024 LiveLaw (PH) 68Vinit Yadav v. State of Haryana 2024 LiveLaw (PH) 69Abhinav Kiran Sekhon v. State of Punjab and another 2024 LiveLaw (PH) 70BHUPENDER SINGH v. STATE OF HARYANA...
Teacher Likely To Use Harsh Language To Discipline Student: Punjab & Haryana HC Discharges Teacher Accused Of Abetment Of Suicide Of Minor Student
Observing that "post of a teacher require disciplining a student", the Punjab & Haryana High Court has discharged a teacher from charges of abetment to suicide of a minor student who allegedly harassed her in school.The Court found that the student was weak in studies "for which she was reprimanded". Even otherwise, neither the FIR nor the suicide note refer to any specific instances...
No Addition Is Permitted On Account Of Estimated Profit U/s 41(1) Simply Based On Assumptions: Punjab & Haryana High Court
The Punjab & Haryana High Court deleted the addition made by the AO u/s 41(1) of the Income tax Act on account of sale of copper wire, finding that the AO had made additions under the said provision simply on basis of presumption regarding the said sale, even after finding no stock in the premises.A Division Bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma observed...
'Shortage Of Police Prolongs Trial, Erodes Public Trust': High Court Seeks Details From Punjab DGP On Security Cover Given To VIPs
Expressing concern over police personnel involved in providing security cover to VIPs and others, the Punjab & Haryana High Court has said that deploying them for security purpose has a reverse impact on the condition of law and security in general.The Court sought details from Punjab DGP on security cover provided to VIPs and individual persons under State Security Policy.Justice...
'Insensitive To General Public's Convenience', High Court Raps Police For Closing Punjab CM House Road, Directs To Open On Experimental Basis
The Punjab and Haryana High Court has called for opening up the road to the Punjab CM's residence on an experimental basis. The path was blocked for security purpose during 1980 terrorism.The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji also criticized the Haryana government's proposal to close the road in front of their Chief Minister's residence, citing some...
[Lok Sabha Elections] Model Code Of Conduct Doesn't Stand In Way Of Executing Judicial Order: P&H High Court Pulls Up Govts For Making "Excuses"
Observing that "no further excuse of the prevalence of Model Code of Conduct (MCC) shall be entertained", the Punjab & Haryana High Court has made it clear that no code of conduct issued by the Election Commission of India can be permitted to stand in way of execution of High Court's order. While noting that there are number of cases where the States of Haryana and Punjab, as well as,...