Punjab and Haryana High Court
Punjab & Haryana High Court Seeks Defence Ministry's Response On Plea Challenging 89% Reservation For Men In SSC Air Force Ground Duty Branch
The Punjab and Haryana High Court has sought response from Union government on a PIL challenging 89% reservation for men in Short Service Commissioned (SSC) Officers in the "ground duty" branch of the Indian Air Forces.A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Union of India, Ministry Of Defence and Chief of the Air Staff,...
No Fresh Material Can Be Produced Before Trial Court Without Making Application Under CrPC: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear that no fresh material can be exhibited in the trial court without moving an application under relevant provisions of the Criminal Procedure Code (Cr.P.C.)The Court set aside the trial court's order allowing complainant's application to give specimen of signature to compare with the confessional statement of the accused booked for sexual...
No Kidnapping When Minor Who Is Of Age Of Discretion Leaves Guardians' House With Accused On Her Own Will: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that a person will not be liable for kidnapping if a minor girl of "age of discretion" leaves her guardian's house along with him on her own volition.The Court granted anticipatory bail to an accused who was booked by Fatehgarh Sahib Police for allegedly kidnapping a 17-year-old girl to compel her to marry him.Justice Manisha Batra said,"The well...
[S.14 SARFAESI Act] District Magistrates Can't Adjudicate On Application For Taking Possession Of Secured Assets, Constantly Breaching Law: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is only an executing functionary and not empowered to make any adjudication on the application made by the creditors for taking possession of the secured assets.Observing...
MV Act | Tribunal Should Not Dismiss Application For Compensation Merely For Non-Joinder Of Party: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear that motor accident claims under the Motor Vehicle Act (MV Act) cannot be dismissed for non-joiner of parties.While setting aside the order of Motor Vehicle Tribunal, the Court noted that the claim was rejected, "only because the mother was not impleaded as party."Justice Sudeepti Sharma said, "Learned Claim Tribunal while deciding the...
High Court Seeks Response From Union Govt, Chandigarh Municipal Corp On Plea To Implement Prevention Of Animal Cruelty Act At Dairy Farms
The Punjab and Haryana High Court today sought response from the Union and State government in PIL seeking implementation of Prevention of Cruelty to Animals Act, 1960 (Resignation of Cattle Premises, Rules 1978) in dairy farms of Chandigarh as well as neighbouring villages.Acting Chief Justice G.S. Sandhwalia and Justice Lapita Banerji issued notice to Union of India, Ministry of Department...
S.36A(4) NDPS Act | Public Prosecutor Not Part Of Investigating Agency, Expected To Apply Mind For Seeking Extension: Punjab & Haryana HC Reiterates
The Punjab and Haryana High Court has granted default bail to an accused in a drugs case whose plea was rejected by the Trial Court which granted an extension to the investigating agency to probe the matter.The Court noted that the Public Prosecutor (PP) did not submit an independent report seeking time for investigating the case, which is a mandatory provision under Section 36A (4) of the...
Are Writ Petitions Under Article 226 Maintainable Against Army Welfare Education Society Or Army Public Schools? Punjab & Haryana HC Refers To Larger Bench
The Punjab & Haryana High Court has referred the issue of whether a writ petition under Article 226 of the constitution would be maintainable against the Army Welfare Society or against the Army Public School, to the larger bench.Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "The language of the Article 226 of the Constitution of India empowers the High Court to issue...
[Snake Venom Case] P&H High Court Directs State To Provide Security To Animal Rights Activists Who Filed FIR Against YouTuber Elvish Yadav When They Appear In Court
The Punjab & Haryana High Court has directed police to provide adequate security to the animal rights activists who recorded a viral video of YouTube Elvish Yadav and filed an FIR against him for using Snake Venom as drugs, whenever they appear before Gurugram Court.Yadav was recently arrested for allegedly procuring and selling snake venom at rave parties. He was reportedly booked under...
Can Partial Compromise Be Ground For Quashing FIR? Punjab & Haryana High Court Refers Matter To Larger Bench
Observing that "there is no explicit guidelines governing the issue", the Punjab and Haryana High Court has referred the matter of quashing of FIR on the basis of "partial compromise" to the larger bench.Justice Kuldeep Tiwari framed the following issues for adjudication to a Larger Bench of the High Court:-“(i) Whether, bearing in mind the repercussions attached to partial quashing of FIR,...
Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and...
Haryana Govt Appoints Judicial Officers As Additional District & Sessions Judges After High Court's Direction In Contempt Plea
After facing Punjab & Haryana High Court's wrath the Haryana government accepted the High Court's recommendation to promote 13 judicial officers as District and Session Judges. In a contempt plea filed by five judicial officers the State government submitted a compliance report with High Court's direction.In December 2023, the High Court directed the Haryana Government to give...