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...

Court Can Draw Adverse Inference Of Husband's Failure To File Income Affidavit In Wife's Plea For Interim Maintenance: Punjab & Haryana HC

The Punjab and Haryana High Court has said that the Court is constrained to draw adverse inferences against husband if despite giving ample opportunities, he fails to file Affidavit of Disclosure of Assets and Liabilities in wife's interim-maintenance plea.Justice Sumeet Goel said, "In cases where a party fails to file the Affidavit of Disclosure of Assets and Liabilities, despite being...

P&H HC Nixes Asst Commissioner's Order For Ignoring Direction To Hear Case On Merits, Calls For Strict Action Against Insubordination In CGST Hierarchy

The Punjab and Haryana High Court overturned an Assistant Commissioner's order for dismissing an application as time-barred, noting he overstepped his authority despite the Joint Commissioner's directive to consider it on merits. The Bench of Justice Sanjeev Prakash Sharma observed that “Assistant Commissioner, a subordinate officer has refused to examine the case on merits and...

Punjab & Haryana High Court Restrains Entry, Suspends License Of Lawyer's Clerk For Talking Loudly On Phone Inside Courtroom

The Punjab and Haryana High Court has directed its registry to suspend the license of a lawyer's clerk for disturbing the court by talking on phone loudly.The judge took note of clerk's conduct and directed the Bench Secretary to take custody of his mobile phone.Justice Sanjeev Prakash Sharma said, “Taking into consideration his conduct, the Registry is directed to suspend his license...

High Court Dismisses Plea Alleging Wards Divided Unevenly In Punjab, Says Right To Vote Not Affected If House Shifted From One Ward To Another

The Punjab & Haryana High Court has dismissed a plea challenging the Punjab Panchayat Elections proceedings which had taken place on October 15, on the ground that the wards have been divided unevenly on the basis of political considerations.A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma observed,"...members of the dwelling unit, may irrespective of house...

Forcing Couple To Live Together After 7 Years Of Separation Would Itself Amount To Mental Cruelty: Punjab & Haryana High Court

The Punjab & Haryana High Court has granted divorce to a couple who were living separately for 7 years, observing that the marriage between the parties has become "unworkable" and has reached the stage of beyond repair and if the parties are called upon to stay together, it may lead to mental cruelty to both of them.Justice Sudhir Singh and Justice Jasjit Singh Bedi said, "...the parties,...

Calling Husband Transgender Amounts To Mental Cruelty: Punjab & Haryana High Court

The Punjab and Haryana High Court has upheld the divorce granted by a family court in favour of the husband, observing that wife calling her husband Hijda (transgender) amounts to mental cruelty.Justice Sudhir Singh and Justice Jasjit Singh Bedi said, "If the findings recorded by the learned Family Court, are examined in the light of the … judgments of the Hon'ble Supreme Court, it comes...

"Clogging Judicial System": Punjab & Haryana High Court Quashes Over 1000 FIRs Lodged During COVID-19 For Violating Lockdown Rules

The Punjab & Haryana High Court has quashed over 1000 FIRs filed during COVID-19 pandemic under Section 188 IPC for violation of lockdown rules across Punjab, Haryana and Chandigarh.Justice Anupinder Singh Grewal and Justice Lapita Banerji said, "it is apt to notice that investigations in some of these cases are still underway while other matters have been sent for trial. A large number...

Expert Committee Formed To Tackle Wild Growth Of Cannabis: States And UT Admin To Punjab & Haryana High Court

The Governments of Punjab, Haryana and UT administration Chandigarh has informed the Punjab & Haryana High Court that to tackle with the problem of wild growth of cannabis in the towns, a committee of experts from the Horticulture Department, Agriculture Department and Agricultural University has been constituted, and advice of the experts has been sought to deal with the issue.Chief...

'Failed To Prove Any Hostile Discrimination': Punjab & Haryana High Court Declines To Release Gurudwara Acquired In 1991

The Punjab & Haryana High Court refused to release religious structure namely 'Gurudwara Sanjha Sahib' from acquisition, observing that no hostile discrimination was found in the acquisition.The plea was filed back in 1999, the acquisition of land was done for public purpose by the Land Acquisition Collector in 1991.Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "The...