Can't Assume Medical Negligence If Surgery Doesn't Give Result: Punjab & Haryana HC Denies Relief To Woman Who Got Pregnant Post Sterilization

The Punjab and Haryana High Court has set aside an order of the first appellate court granting Rs 30,000 compensation (along with interest) to a woman who became pregnant after a sterilisation operation.In doing so the high court noted that prior to surgery the woman was apprised of the fact that sometimes operation may fail for which no medical authority will be held responsible and that she...

Complaint Didn't Mention Accused Was Aware Of Caste, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste.Justice NS Shekhawat noted, "While narrating this incident, it has no where been mentioned...

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision (AFT) to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the court said that the benefits of the...

Shortage Of Judge's Accommodation: Punjab & Haryana HC Summons Chief Secy's, Says Issue Affects Administration Of Justice

Observing that the acute shortage of accommodation for judicial officers is adversely affecting the quality of administration of justice especially, when the new batch of Civil Judges would be joining within two months, the Punjab & Haryana High Court has summoned the Chief Secretaries of both the States to be present virtually.Chief Justice Sheel Nagu and Justice Anil Kshetarpal also...

Keeping Control On Employee Doesn't Permit "Bullying": Punjab & Haryana HC Upholds Abetment To Suicide Charge Against Deceased's Senior

The Punjab and Haryana High Court has refused to quash an FIR lodged against a senior for allegedly abetting his junior employee to commit suicide by harassing and bullying him.It was alleged that the petitioner, who was senior of the deceased working in a government veterinary hospital, harassed and bullied him by using abusive language which forced him to commit suicide.Justice Karamjit...

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act (POCSO), observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice...

Punjab & Haryana High Court Upholds Dismissal Of Punjab Police Constable Made 30 Years Ago For Being In 'Contact With Extremists'

The Punjab and Haryana High Court has upheld the dismissal of a Punjab Police Constable, who was expelled from service in 1995 on the basis of a specific intelligence report that he was in direct contact with extremists during the time the State was facing problem of terrorism.Taking note of the conduct of the petitioner, which the high court said was not above the board, the court found...

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay

The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act (POCSO) Act as an adult.As per Section 15(1) of the Act, a Juvenile Justice Board (JJB) is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an offence and the ability...

Will Ensure Manual Scavenging Never Takes Place In University Premises: Panjab University Tells High Court In Suo Moto Case

The Panjab University today assured the Punjab & Haryana High Court that the incident of manual scavenging will not take place again and guidelines issued by the Supreme Court in Dr. Balram Singh vs Union of India will be strictly adhered to.The development came after the bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal took Suo Moto cognizance of the incident of...

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought explanation from the judge.The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of bail imposed by the High...

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National

The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly being in touch with a Pakistani national and arranging money for "anti-national activities."The Court noted that no no recovery of arms and ammunition or any other incriminating material has been effected from him and in custody for about 2...

Any Land Declared As Masjid, Graveyard In Revenue Records Must Be Protected As Waqf Even If Unused By Muslims For Long : Punjab & Haryana High Court

The Punjab & Haryana High Court has said that any entry in the revenue records declaring the land as "Takia, graveyard and Maszid" is required to be protected even if the same is not used by Muslim community from a long time.The Court rejected the plea filed by a Gram Panchayat challenging the decision of a Waqf Tribunal whereby the Tribunal declared a land as waqf property and restrained...