Punjab and Haryana High Court
POCSO Act Prevails Over Muslim Law: Punjab & Haryana High Court Denies Pre-Arrest Bail To Man Accused Of Kidnapping Minor Wife
Rejecting the contention that the man had married under the Muslim Personal Law, the Punjab & Haryana High Court has denied anticipatory bail for allegedly kidnapping his minor wife.Justice Harpreet Kaur Jeewan said, "Protection of Children from the Sexual Offence Act, 2012, has been enacted which is a self contained comprehensive legislation inter alia to provide for protection of...
[Cyber Crimes] Investigators Not Well Skilled, Delay In Investigation Can't Be Held Against Them: Punjab & Haryana High Court
The Punjab & Haryana High Court has observed that cybercrime is an emerging field, and even investigators lack the necessary skills and educational qualifications. Therefore, if an investigation takes longer than usual, it cannot be considered a" deliberate attempt" to delay the investigation.A pre-arrest bail was filed in a cyber crime case wherein the petitioner was accused of providing...
Mahendragarh School Bus Accident: Contempt Plea Filed In Punjab & Haryana High Court To Punish Top Officials For Disobeying Safety Guidelines
A contempt petition has been filed against top officials of Haryana for allegedly disobeying the Court's order on implementation of policy for the safety of school children, Surkashit School Vahan Policy.On April 11, in a dreadful accident, 6 students died in Haryana's Mahendragarh when the school bus driver, who was allegedly drunk, rammed the bus into a tree.The plea filed by Bal Kranti...
'Right To Trade Of Liquor Not Fundamental Right': P&H High Court Dismisses Plea Challenging Punjab Excise Policy 2024-25
Observing that the "right to trade of liquor is not a fundamental right", the Punjab & Haryana High Court has dismissed the plea challenging Punjab Excise Policy 2024-2025's Clauses.It was argued that as per the Excise Policy for the year 2024-2025, the application fee for the liquor vends has been increased to 75,000 which shall be non-refundable, which is unjustified as allotment of...
When Accused Pleads Guilty In Absence Of Lawyer, There's A Risk That Such A Plea May Not Be Fully Informed Or Voluntary: Punjab & Haryana High Court
The Punjab & Haryana High Court has set aside a conviction order observing that when an accused pleads guilty but is not represented by an advocate, "there is a risk that their plea may not be fully informed or voluntary which would violate the principles of fair trial as enshrined in Article 21."The petitioners had challenged their conviction under Section 188 IPC on the ground that...
General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that the quantum of maintenance granted to the wife under Section 125 CrPC must be justifiable and realistic to avoid hardships to either of the spouses.Justice Harpreet Singh Brar said, "there is a general tendency on the part of the wife to amplify her needs and the husband to conceal his actual income, making it difficult to determine...
Use Of Firearms In Public Functions Widespread In Punjab, No Visible Change Despite Ban: High Court Seeks Response From DGP
The Punjab and Haryana High Court has taken strong objection to the widespread use of firearms in public functions and the use of licensed guns to commit crimes in Punjab, observing that "there is no visible change" despite the ban.The Punjab Government in 2022 had banned use and display of firearms in public places and on social media and accordingly officers were instructed to conduct...
Convict Who Repeatedly Raped Minor Stepdaughter Shouldn't Be Entitled To Premature Release: Punjab & Haryana High Court
The Punjab & Haryana High Court has denied pre-mature release to a rape convict, who impregnated his minor step-daughter as a result of committing repeated sexual assault on her.While refusing to grant the relief, Justice Nidhi Gupta noted that as per the 1991 policy applicable for pre-mature release to the convicts in Chandigarh, repeated rape with the minor victim "is not included in...
'State Used Dominant Position To Rob Poor Of Earned Interest', High Court Imposes ₹5 Lakh Cost On Punjab Govt For Denying Interest In Investment Scheme
The Punjab & Haryana High Court has imposed a cost of Rs. 5 lakh on the Punjab State Industrial Development Corporation (PSIDC) for denying lawful claims and for coercing investors to enter into agreements to forego the interest on their investment.The Corporation pleaded financial hardship and sought an extension of time to make arrangements while constantly reminding that it was...
High Court Seeks Response From Punjab Govt On Plea To Preserve Fatehgarh Sahib's Sadhna Kasai Mosque
The Punjab & Haryana High Court has sought a response from the Punjab government on a Public Interest Litigation (PIL) filed seeking protection and preservation of Fathehgarh Sahib's Sadhna Kasai Mosque.It is alleged that the Government of India and the state government have not undertaken the renovation or preservation of the heritage site, Sadhna Kasai Mosque, which has been declared...
Issuance Of Production Warrant Entails Serious Consequences; Obligatory For Trial Court To Pass Order In Consonance With S. 267 CrPC: Punjab & Haryana High Court
The Punjab & Haryana High Court has quashed a production order, observing that it was silent on whether the prisoner whose production had been directed, was accused in that case or required for the investigation. According to Section 267 CrPC, in the course of an inquiry, trial or other proceeding under if it appears to a criminal Court that a person confined or detained in a prison should...
Court Can't Allow Criminal Justice System To Be Misused To Avenge Failed Relationship: Punjab & Haryana HC Discharges Man Accused Of Rape On Pretext Of Marriage
The Punjab & Haryana High Court has upheld the discharge of a man accused of committing rape on his partner under the pretext of marriage, observing that the woman consensually cohabited.Justice Harpreet Singh Brar observed that "The petitioner (alleged rape victim) was consensually cohabitating with respondent no. 2 (accused-partner) and it was only due to a dispute that arose later in...