Reasonable Time Limit Applies Even Without Statutory Limitation; P&H HC On Labor References

Punjab & Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal allowed Punjab and Sind Bank's petition challenging a labor reference order made after an 11-year delay. The Court ruled that criminal acquittal cannot revive a dismissed labor dispute, especially when approached after an unreasonable delay. Despite no statutory limitation period under Section 10...

S.50 NDPS Act Not Applicable To Vehicle Search, Punjab & Haryana High Court Refuses Bail In Alleged Recovery Of 3.5 Quintals Of Ganja

The Punjab and Haryana High Court has rejected bail in the alleged drugs case where in a truck driver was allegedly found in possession of 3 quintals and 59 kgs of Ganja, observing that a huge recovery was effected from the truck and it cannot be held that there was non compliance of Section 50 of the NDPS Act.Justice N.S. Shekhawat said that, "a huge recovery was effected from the truck and...

Victim Compensation Scheme More Beneficial To Rape Survivor Can Be Applied Retrospectively: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the Victim Assistance Scheme of UT Chandigarh, 2018 can be applied retrospectively, which means that the rape victim can be given benefit of compensation under the scheme even if the judgement of conviction was passed prior to its enforcement.In the present case, the plea to apply the scheme retrospectively was filed by a rape victim who...

'Troubling Pattern': High Court Directs Punjab DGP To Explain Repeated Non-Appearance Of Prosecution Witnesses In NDPS Cases

Continued indifference by the prosecution will not be tolerated, said the Punjab & Haryana High Court while seeking affidavit from DGP Punjab explaining "the repeated non-appearances of prosecution witnesses, particularly in cases registered under the NDPS Act."Justice Manjari Nehru Kaul said, "This court has noted a troubling pattern where prosecution witnesses, primarily police...

Punjab & Haryana High Court Allows Union Govt To Take Action Against IIM Rohtak Director Accused Of Concealing Qualifications

The Punjab & Haryana High Court has lifted a bar on the Union Government to take action against IIM Rohtak Director, Dr. Dheeraj Sharma accused of concealing that he did not have a first-class bachelor's degree, a necessary qualification for the post.The Court in 2022 had stayed the action arising out of the show cause notice sent to him by the Union, observing that the plea challenging...

Punjab & Haryana High Court Directs ED To Arrest Former Congress MLA Dharam Singh Chhoker In PMLA Case

The Punjab & Haryana High Court directed the Enforcement Directorate (ED) to forthwith arrest former Congress MLA from Haryana Dharam Singh Chhoker accused in a Prevention of Money Laundering Act, 2002 (PMLA) case.It is alleged that the Company owned by Chokker and his family, Mahira Infratech Pvt Ltd had collected Rs 363 crore from homebuyers for the construction of 1,500 flats to...

Accused Can Be Given Only One Opportunity For Disclosure After Framing Of Charges: Punjab & Haryana High Court Reiterates

The Punjab & Haryana High Court has said that after framing of charges Court is required give only one opportunity of disclosure and the accused may choose to avail of this facility.Justice Kuldeep Tiwari said, "The court is required to, after the charges become framed, give only one opportunity of disclosure and the accused may choose to avail this facility, but, only once."The Court...

Punjab & Haryana High Court Bars Collection Of Parking Fees From Litigants, Advocates In Its Premises

The Punjab and Haryana High Court has issued a writ of prohibition, directing not to charge fees from any litigant, advocate, etc. parking their vehicles in its premises.A division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "this Court issues a writ of prohibition that henceforth no parking fee shall be charged from any litigant, employee, government officials,...

High Court Seeks Response From Union Govt On Alleged Shortage Of Storage In FCI Godown For Storing Paddy In Punjab

The Punjab & Haryana High Court sought response of Union Government on plea filed seeking directions to lift paddy from FCI storage facility and create space for milled rice for Kharif Marketing Season 2024-2025 in Punjab.Reportedly, the lack of storage space in the FCI's godowns, and the arrival of the new paddy at mandis, has precipitated the crisis in the state. The farmers from October...

Disability Pension Can Be Denied Only When Medical Board Records That Disease Existed At Time Of Joining Military Service: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the disability pension in military service can only be denied when the medical board at the time of joining the services records that the medical condition suffered by the officer rendered him unfit for military service.Justice Sureshwar Thakur and Justice Sudeepti Sharma said that the disability pension can be denied to a military officer...

Can't Enforce Recovery Claim In Bail Pleas: P&H HC Declines To Cancel Pre-Arrest Bail For Alleged Failure Of Accused To Deposit Settlement Amount

The Punjab & Haryana High Court refused to cancel pre-arrest bail of an accused booked in fraud case for allegedly failing to deposit the settlement amount, observing that courts cannot enforce recovery claims in bail plea.Justice Manjari Nehru Kaul said, "The mere argument that recovery of the defrauded amount has not been made is insufficient, particularly when the trial Court vide...

Immoral Transaction Like Bribe Not Enforceable Under Negotiable Instruments Act: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a bribe amount does not constitute as a legally enforceable liability under the Negotiable Instruments (NI) Act.Justice Manjari Nehru Kaul said, "A payment made as a bribe, being an illegal and immoral transaction, does not constitute a legally enforceable liability. Thus, the learned trial Court correctly concluded that no...