Punjab and Haryana High Court
Arvind Kejriwal Sedition Case: Punjab & Haryana High Court Adjourns Matter To Await Supreme Court's Decision On Section 124A IPC
The Punjab and Haryana High Court has adjourned the plea seeking to summon Delhi Chief Minister Arvind Kejriwal in a Sedition case, citing pendency of Supreme Court's decision on validity of Section 124A IPC.It is alleged that Kejriwal has tweeted a seditious statement in 2019 which encouraged public to "revolt against government of PM Narendra Modi", hence direction is sought to...
Same-Sex Habeas Plea | Punjab & Haryana HC Directs State To Take Minor Girl To Psychologist, Constitute SIT To Probe Allegations Of Assault By Police
The Punjab & Haryana High Court has directed the DCP, Panchkula to take the minor partner in same-sex couple habeas case to counselling considering that she was under the influence of her partner.Justice Sandeep Moudgil took note of the suggestion of the amicus curiae that the minor girl was in "deep influence" of her partner and should be taken for psychological counselling at...
Farmers Protest | HC Expands Scope Of Habeas Plea, Says Haryana Govts Stand That Injured Protestor Was Main Instigator Appears To Be Afterthought
The Punjab & Haryana High Court today said that the Haryana Government's stand that the protester, who was allegedly severely injured and detained by the Haryana Police from the Punjab-Haryana border, is the main instigator of violence, "clearly appears to be an afterthought."Protestor Pritpal Singh's father had moved a habeas corpus petition alleging that the Haryana Police picked up his...
'RERA Exercises Very Sensitive Functions, Not In Interest Of Justice To Allow Supersession': High Court Stays Punjab Govt's Order To Take Over RERA
The Punjab & Haryana High Court has stayed the Punjab Government's order to supersede Real Estate Regulatory Authority (RERA) on account of vacant positions in the authority's bech.A notice was issued by the Punjab Government on March 12 that in the public interest, the Governor of Punjab was superseding Real Estate Regulatory Authority Punjab for four months or till the Quorum is complete...
Right To Trade Can't Restrict Competition: P&H HC Declines Plea For Halting Setting Up Of New Petrol Pumps Because They Would Affect Profits Of Existing Ones
The Punjab & Haryana High Court has said that although the right of business and trade is guaranteed by Article 19(1)(g) of the Constitution of India, it cannot be used to restrict anyone else's trade to stop competition in the business.The Court refused the Petrol Pump Association's request to stop setting up new Petrol Pumps in the vicinity on the ground that it would wipe out...
Complainant Must Show Sufficient Cause For Bypassing Magistrate, Directly Approaching HC For Registering FIR: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that before moving High Court under Section 482 CrPC seeking registration of FIR, the complainant should show sufficient cause for not approaching the Jurisdictional Magistrate first.Justice Sumeet Goel said, "if the facts/circumstances of such case so warrant, the High Court is well within its jurisdiction to entertain and consider...
'Gross Medical Negligence, Amounts To Cheating': P&H HC Declines To Quash Summons Against Max Hospital For Allegedly Installing Cheap Pacemaker Resulting In Patient's Death
Observing that "apart from medical negligence, it is more a case of cheating", the Punjab & Haryana High Court has refused to set aside the summoning order against Max Super Specialist Hospital and its cardiologist who were booked for allegedly implanting a cheap pacemaker to make a profit which resulted in patient's death. Justice Deepak Gupta opined, "Apart from the case of gross...
Farmers Protest | High Court Directs CJM To Record Statement Of Protestor Who Was Allegedly Beaten & Detained By Haryana Police
The Punjab & Haryana High Court has directed the Chief Judicial Magistrate (CJM) to record the statement of the protestor who was allegedly detained and severely beaten by Haryana Police during Farmers' Protest on February 21.A bench of Justice Harkesh Manuja said, "the Chief Judicial Magistrate Chandigarh is requested to visit Emergency Ward, PGIMER, Chandigarh and get the statement...
Right To Sexual Autonomy Comes With Responsibility But Can't Be Denied: P&H HC Directs Re-Examining Possibility Of Terminating 26-Week Pregnancy Of Class 12 Student
Observing that unmarried women, who exercise their right to sexual autonomy, cannot be denied consideration for seeking medical termination of pregnancy, the Punjab & Haryana High Court has said that "exercise of a right of sexual autonomy also at times comes along with the responsibility to discharge duties that arise on exercise of such an option."The Court was hearing the plea to...
Nuh Violence | Notice Issued Before Demolition Does Not Inspire Confidence: Amicus Curiae To Punjab & Haryana High Court
Amicus Curiae Advocate Kshitij Sharma appointed in the Nuh Violence case submitted before the Punjab and Haryana High Court today that the notices which the Haryana Government statedly issued to the residents before the demolition drive "does not inspire confidence.""All the notices issued looked same, it is not clear whether how much time was given before demolition, whether it was pasted on...
New Haryana CM Nayab Singh Saini's Appointment Challenged In High Court
A Public Interest Litigation (PIL) has been filed today in the Punjab and Haryana High Court challenging the appointment of Haryana's new Chief Minister Nayab Singh Saini, who is also a BJP's Lok Sabha MP from Kurukshetra.After former CM ML Khattar resigned and the entire cabinet stepped down yesterday, Saini was appointed as the new CM of Haryana.The plea stated that Saini is a sitting MP...
Punjab & Haryana High Court Issues Contempt Notice Against Advocate For Writing Objectionable Comments About Judge Behind Summons
The Punjab & Haryana High Court has issued a contempt notice against an advocate who allegedly made contemptuous remarks against a Trial Court Judge at the back of the summons sent to his client. A division bench of Justice Sureshwar Thakur and Justice Sukhvinder Kaur said, "the contemptuous endorsement as made on the reverse of the summons, thus, by the respondent - contemner also appears...