Punjab and Haryana High Court
Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail
Observing that continued absence of prosecution witnesses is alarming in NDPS cases, especially given the severe drug menace in Punjab region, the Punjab & Haryana High Court has said that "since the trial has been delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail."Previously,...
False Sexual Harassment Allegations Create Psychological Burden On Innocent Accused, Must Be Dealt With 'Iron Fist': Punjab & Haryana HC
The Punjab & Haryana High Court has directed police to conduct investigation against a woman suspected of filing multiple false sexual harassment cases, observing that the "practice of filing false complaints of sexual harassment needs to be dealt with an iron fist in order to deter people from executing their nefarious designs and protect the interests of the innocent...
High Court Issues Notice On Plea Challenging Detention By Man Accused Of Making Videos To Influence Youth To Become Gangsters
The Punjab & Haryana High Court has sought a response from the central government and the Haryana Government on a plea challenging the detention under the National Security Act (NSA) of alleged criminal Parveen @ Dada accused of terrorising the public and booked in over 20 FIRs.The grounds of detention also stated that Praveen uploads videos on his social media brandishing illegal weapons...
Armed With Lethal Weapon, Exceeded Right Of Private Defence: Punjab & Haryana High Court Dismisses Plea Challenging Murder Conviction
The Punjab & Haryana High Court has refused to interfere with a murder conviction from 2003, observing that the accused persons exceeded the right to private defence as they were armed with lethal weapons during a scuffle with the deceased. Justice Sureshwar Thakur and Justice Sudeepti Sharma observed, "Given the superior numerical strength of the accused party, vis-a-vis, the...
Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby violating...
'Lengthy Trial Itself Becomes Punishment', Punjab & Haryana HC Grants Bail To UAPA Accused Arrested In 2019 For Alleged Terror Funding
The Constitutional Court would like to prevent a situation where the lengthy and arduous process of trial becomes the punishment in itself, said the Punjab & Haryana High Court while granting bail to a man who was arrested under stringent Unlawful Activities (Prevention) Act (UAPA) in 2019 for allegedly providing funding for terrorist activities.Justice Anupinder Singh Grewal and...
'Drastic Impact On Career': High Court Imposes ₹2 Lakh Cost On IIM Rohtak For Withholding Result Of Student For Four Years
The Punjab & Haryana High Court has imposed an exemplary cost of Rs.2 lakh on the Indian Institute of Management (IIM) Rohtak for illegally withholding the result of a student for 4 years.Justice Jasgurpreet Singh Puri said, "The petitioner is a young girl and was of 27 years at the time when the impugned order was passed and she could not do anything for the next four years because of...
Concealed Election Expenditure, Sought Votes In Temple: Plea In HC Challenges Lok Sabha Election Of Fmr Punjab CM Charanjit Singh Channi
An election petition has been filed in the Punjab & Haryana High Court challenging the Lok Sabha election of former Punjab Chief Minister Charanjit Singh Channi, who was elected as Member of Parliament from Jalandhar in the 17th Lok Sabha.The plea filed by a Jalandhar voter stated that Channi had concealed information about the expenditure incurred by him during the election process....
State Cannot Levy Tax On Electricity Consumed By Central Govt: Punjab & Haryana High Court Orders Rs 4.5L Refund
Observing that State Government cannot charge tax from the Central Government for using electricity in the state as per Article 287 of the Constitution, the Punjab & Haryana High Court has directed the Punjab Government to refund a sum of Rs.4.57 lakh to the Union of India.Military Engineering Service (MES), which is part of Ministry of Defence and looks after supply of electricity...
Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024
Nominal Index [Citations 166-176]Manpreet Kaur v. State of Punjab 2024 LiveLaw (PH) 166Mrs. Shiv Dei Guleria v. Union of India and Ors 2024 LiveLaw (PH) 167Jitender Jatasra v. State of Haryana & Ors. 2024 LiveLaw (PH) 168Varinder Pal Singh Dhoot V. UOI & Anr. 2024 LiveLaw (PH) 169Gurpreet Singh Sabharwal v. State of Haryana and others 2024 LiveLaw (PH) 170Ritu v. State of Haryana...
Wrong Assessment U/s 44ADA By AO Attracts Revisionary Interference: Punjab & Haryana HC Upholds Revision By PCIT U/s 263
The Punjab & Haryana High Court recently upheld the revisional order passed by the Principal CIT u/s 263 by setting aside the assessment wrongly passed by the AO u/s 44ADA. The power under section 263 of the Income tax Act can be exercised where the order of the Assessing Officer is erroneous and prejudicial to the interest of the revenue. Whereas, Section 44ADA of the...
P&H High Court Seeks Explanation From Public Prosecutor & Trial Judge For Ignoring HC Order, Continuing Case Which Had Already Been Quashed
The Punjab and Haryana High Court has sought an explanation from a Trial Court judge and a Public Prosecutor as to why contempt proceedings should not be initiated against them for disregarding the High Court's order by continuing a criminal proceeding which had already been quashed.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "it appears that the learned trial Court concerned,...