Punjab & Haryana High Court Annual Digest 2023: Part-I [Citations 1-150]

NOMINAL INDEX  [Citation 01 – 150]

M/s Simplex Infrastructure Ltd. & Anr. versus M/s J.P. Singla Engineers and Contractor 2023 LiveLaw (PH) 1

Jagjit Singh @ Jaggi v. State of Punjab 2023 LiveLaw (PH) 2

Sandeep Singh Sandhu vs. State of Punjab along with connected matters 2023 LiveLaw (PH) 3

M/s. G.D. Goenka School v. Parveen Singh Shekhawat and Others and M/s. G.D. Goenka School v. Ajay Singh Shekhawat and Other 2023 LiveLaw (PH) 4

Rahul v. Shalini 2023 LiveLaw (PH) 5

Hari Ram Hans Vs Smt Deepali & Ors. 2023 LiveLaw (PH) 6

Sunil Sachdeva v. Rashmi and Another 2023 LiveLaw (PH) 7

Sunil Kumar Chauhan v. State of UT, Madhukar Dubey v. State of UT, and Akarm Mohmmad v. State of UT 2023 LiveLaw (PH) 8

Ajay Mehra v. Gauri 2023 LiveLaw (PH) 9

Sarjeet Singh @ Surjeet Singh and others vs. State of Haryana 2023 LiveLaw (PH) 10

Balbir Singh Versus State of Punjab 2023 LiveLaw (PH) 11

Ravinder Singh Gill v. State of Punjab, Mohinder Pal v. State of Punjab, Sanjeev Kumar v. State of Punjab, Satnam Singh v. State of Punjab, 2023 LiveLaw (PH) 12

ABC v. State of Haryana 2023 LiveLaw (PH) 13

Sukhjeet Kaur v. Union of India and Others 2023 LiveLaw (PH) 14

Arun Kumar v. State of Haryana & Ors. and Other Related Matters 2023 LiveLaw (PH) 15

Subhash @ Makkar and Ors. v. State of Haryana and Related Matter 2023 LiveLaw (PH) 16

Kalpana Komal Bhati v. State of Punjab & Ors. and other related matters 2023 LiveLaw (PH) 17

Simarjit Singh Bains versus State of Punjab 2023 LiveLaw (PH) 18

Dr XXX v. State Information Commissioner, Haryana and Ors. 2023 LiveLaw(PH) 19

State of Punjab and Another v. Amarjit Kaur 2023 LiveLaw (PH) 20

Ajit Singh vs. State of Punjab 2023 LiveLaw (PH) 21

Bhajan Singh versus PRTC 2023 LiveLaw (PH) 22

Parkash Singh vs. State of Punjab 2023 LiveLaw (PH) 23

Rupinder Singh vs. Kiran and anr [TA No.326 of 2020(O&M)] 2023 LiveLaw (PH) 24

Kuldeep Singh v. Shiromani Gurudwara Parbhandhak Committee; Dharminder Singh v. Shiromani Gurudwara Parbhandhak Committee 2023 LiveLaw (PH) 25

M/s. Punjab Wool Syndicate Versus The State of Punjab and another 2023 LiveLaw (PH) 26

Hussain Abbas alias Tippu v. State of Haryana 2023 LiveLaw (PH) 27

ABC v. State of Haryana and Another 2023 LiveLaw (PH) 28

Krishna Dev Dubey vs. State of Punjab 2023 LiveLaw (PH) 29

M/s Schlumberger Asia Services Ltd versus Union of India & Anr. 2023 LiveLaw (PH) 30

Case title - Court on its Own Motion vs. Union of India and others 2023 LiveLaw (PH) 31

Praveen Kumar vs. State of Punjab and connected matters 2023 LiveLaw (PH) 32

Vijay Garg Versus the State of Haryana and another 2023 LiveLaw (PH) 33

Daulat Ram Khan Versus State of Haryana 2023 LiveLaw (PH) 34

CWP-28434-2019 and other connected cases 2023 LiveLaw (PH) 35

Tek Chand vs. State of Punjab and others 2023 LiveLaw (PH) 36

Varinder Kumar @ Vicky vs. State of Punjab and another 2023 LiveLaw (PH) 37

B v. State of Haryana & Ors. 2023 LiveLaw (PH) 38

Jaspal Singh & Ors. v. M/s Omaxe Chandigarh Extension Developers Pvt. Ltd.2023 LiveLaw (PH) 39

Sandeep Malik vs. Renu and others 2023 LiveLaw (PH) 40

Bhanu Kiran v. Rahul Khosla and Ors. 2023 LiveLaw (PH) 41

Harvinder Kaur vs. State of Haryana and others 2023 LiveLaw (PH) 42

Varun Bagga vs. State of Punjab & Another 2023 LiveLaw (PH) 43

Tarif Hussain Vs. State of Haryana. Civil Writ Jurisdiction 2023 LiveLaw (PH) 44

Talim Khan vs. Intelligence Officer 2023 LiveLaw (PH) 45

Subegh Singh v. State of Punjab & Ors. 2023 LiveLaw (PH) 46

Vijay Kumar Aggarwal versus Khushal Singh 2023 LiveLaw (PH) 47

Jaswinder Singh @ Jassi vs. State of Punjab and another 2023 LiveLaw (PH) 48

HN Vs State of Punjab & others 2023 LiveLaw (PH) 49

XXXX vs. YYYY 2023 LiveLaw (PH) 50

Bennett Coleman and Company Limited versus State of Haryana and others 2023 LiveLaw (PH) 51

Saroj Kanta vs. Jai Parkesh and others 2023 LiveLaw (PH) 52

Kamal Singh vs. State of Haryana 2023 LiveLaw (PH) 53

Baljeet Singh Versus ITO 2023 LiveLaw (PH) 54

Hira Lal vs. Union of India and others RA No.28 of 2022 2023 LiveLaw (PH) 55

XXX and another vs. State of UT Chandigarh & others 2023 LiveLaw (PH) 56

Diwakar Enterprises Pvt. Ltd. Versus Commissioner of CGST Citation: 2023 LiveLaw (PH) 57

Sarbjit Singh v. State of Punjab & Ors. 2023 LiveLaw (PH) 58

Nirmaljit Singh and Ors vs. State of Punjab and Another 2023 LiveLaw (PH) 59

Staff Selection Commission vs Subhash Chand and others 2023 LiveLaw (PH) 60

Parul vs Uttar Haryana Bijli Vitran Nigam Limited and another 2023 LiveLaw (PH) 61

Gaurav Sangwan vs State of Haryana and others 2023 LiveLaw (PH) 62

Arrive Safe Society v. State Of Punjab & Ors. 2023 LiveLaw (PH) 63

State of Punjab and others vs Dr. Ranjit Singh and others 2023 LiveLaw (PH) 64

National Highways Authority of India vs. Modan Singh and others 2023 LiveLaw (PH) 65

Darshan Singh v. State of Punjab and others 2023 LiveLaw (PH) 66

Dheeraj Garg Versus State of Haryana 2023 LiveLaw (PH) 67

Chandan Paswan v. State of Punjab and Another 2023 LiveLaw (PH) 68

BAAS EDUCATIONAL TRUST, GBP SCHOOL, GAIRATPUR BAAS vs. THE STATE OF HARYANA AND OTHERS 2023 LiveLaw (PH) 69

Suresh Kumar Satija v.Balwinder Singh Touri 2023 LiveLaw (PH) 70

Imtiyaz Ahmed v. State of Punjabn 2023 LiveLaw (PH) 71

Ravinder and others vs. State of Haryana and others 2023 LiveLaw (PH) 72

Imaan Singh Khara vs. State of Punjab and others 2023 LiveLaw (PH) 73

Kaushalya Devi alias Kushaliya Devi vs State of Punjab and others 2023 LiveLaw (PH) 74

Ajit Singh and others v.State of Punjab and others 2023 LiveLaw (PH) 75

Xxx v. Xxx 2023 LiveLaw (PH) 76

Modern Insecticides Ltd. Versus Commissioner, Central Goods and Service Tax and another 2023 LiveLaw (PH) 77

M/s SRA HP Gas Agency and others vs Union of India and others 2023 LiveLaw (PH) 78

Narender Kumar v Dr. Kuldeep Singh and Others 2023 LiveLaw (PH) 79

Bholu, a 'Juvenile in conflict with law' v. 2023 LiveLaw (PH) 80

Manisha Maheshwari vs State of Haryana and Ors. 2023 LiveLaw (PH) 81

Balwant Kaur v. State of Punjab & Ors 2023 LiveLaw (PH) 82

Arihant Roller Flour Mills Versus National Faceless Assessment Centre 2023 LiveLaw (PH) 83

Surjit Kaur v. State of Punjab and others 2023 LiveLaw (PH) 84

Kashmir Singh v.Union of India and others 2023 LiveLaw (PH) 85

Ankit vs. State of Punjab and others 2023 LiveLaw (PH) 86

Manoranjan Sharma and another v.State of Haryana and others 2023 LiveLaw (PH) 87

Harjeet Singh vs State of UT Chd 2023 LiveLaw (PH) 88

Robinjeet Singh Alias Mota v. State of Haryana 2023 LiveLaw (PH) 89

Gram Panchayat Badaliyan v. The Financial Commissioner to Govt. Punjab and Ors 2023 LiveLaw (PH) 90

X v. State of Punjab 2023 LiveLaw (PH) 91

X v. State 2023 LiveLaw (PH) 92

Parminder Kaur v Haryana Public Service Commission 2023 LiveLaw (PH) 93

Pernod Richard India Pvt Ltd v. United Spirit Ltd 2023 LiveLaw (PH) 94

Manjeet Singh v. State of Punjab 2023 LiveLaw (PH) 95

Amit Rattan vs.State of Punjab 2023 LiveLaw (PH) 96

SOMBIR VERSUS STATE OF HARYANA AND ANOTHER 2023 LiveLaw (PH) 97

Jagtar Singh and others v. State of Punjab 2023 LiveLaw (PH) 98

Monu v. Haryana Staff Selection Commission 2023 LiveLaw (PH) 99

RAJPAL @ BILLU vs. RAJPAL @ BILLU 2023 LiveLaw (PH) 100

Amar Singh vs. Sanjeev Kumar 2023 LiveLaw (PH) 101

Ashish Kapoor vs State of Punjab 2023 LiveLaw (PH) 102

Shrif v. State of Haryana 2023 LiveLaw (PH) 103

Rani Devi and another v. State of Punjab and others 2023 LiveLaw (PH) 104

Pooja @ Gurinder Kaur Kainth and another v. State of Punjab and another 2023 LiveLaw (PH) 105

Navjot Singh Sidhu v. State of Punjab and others 2023 LiveLaw (PH) 106

Ashok Kumar Mittal v. CBI & another 2023 LiveLaw (PH) 107

Vijay Singh Dahiya vs State of Haryana (ACB) 2023 LiveLaw (PH) 108

M/s Samyak Metals Pvt. Ltd. Versus Union of India and others 2023 LiveLaw (PH) 109

X v. Y 2023 LiveLaw (PH) 110

Abid Ali v.State of Haryana and others 2023 LiveLaw (PH) 111

Chander Prakash vs. State of Haryana 2023 LiveLaw (PH) 112

Amit Yadav @ Sonu Yadav v. Central Bureau of Investigation 2023 LiveLaw (PH) 113

X v. State of Haryana 2023 LiveLaw (PH) 114

Somveer Singh v.State of Haryana and others 2023 LiveLaw (PH) 115

Saurav Alias Kittu Tank v. Home Secretary, UT Chandigarh & Ors 2023 LiveLaw (PH) 116

State of Haryana v. Darshan Lal and another 2023 LiveLaw (PH) 117

Avdesh Kumar v.State of Punjab and others Citation: 2023 LiveLaw (PH) 118

 X v.State of Punjab 2023 LiveLaw (PH) 119

Commissioner of Customs, Ludhiana Versus M/s Jindal Drugs Ltd.  2023 LiveLaw (PH) 120

Ram Saran v. State of Haryana 2023 LiveLaw (PH) 121

 Pankaj Kumar @ Meenu Malhotra v. State of Punjab  2023 LiveLaw (PH) 122

Mohammad Rahim Ashori and others v. State of Haryana  2023 LiveLaw (PH) 123

Rahul Kumar Tewary and others v. State of Punjab and another  2023 LiveLaw (PH) 124

 Harpreet Singh @ Happy v. State of Punjab  2023 LiveLaw (PH) 125

 Saptarshi Ray v. Municipal Corporation of Gurugram and others  2023 LiveLaw (PH) 126 Pushpa Devi v. State of Punjab and others 2023 LiveLaw (PH) 127

Sunita Dhawan & Anr. V. UOI  2023 LiveLaw (PH) 128

Surjeet Khanna v. State of Haryana and another 2023 LiveLaw (PH) 129

Gurjinder Singh @ Ginda v. State of Punjab 2023 LiveLaw (PH) 130

 Arvind Kumar Sharma v. State of Punjab and others 2023 LiveLaw (PH) 131

Ram Baksh @ Ramu v. State of Punjab 2023 LiveLaw (PH) 132

 Mohan Lal @ Mohan v. UOI and all connected matters 2023 LiveLaw (PH) 133

 Gurmeet Singh v. State of Punjab 2023 LiveLaw (PH) 134

 Pushpinder Kumar alias Pushpinder Singh alias Tinku v. State of Punjab 2023 LiveLaw (PH) 135

Arjun Singh @ Marra and another v. State of Punjab 2023 LiveLaw (PH) 136

 X v. State of Haryana 2023 LiveLaw (PH) 137

 Arjun Sain vs. State of U.T (Chandigarh) 2023 LiveLaw (PH) 139

 Gurlal Singh @ Lali vs. State of Punjab [CRM-M-9325-2023 (O&M)] 2023 LiveLaw (PH) 140

Dinesh Kumar v. State of Haryana 2023 LiveLaw (PH) 141

M/s Bright Road Logistics Versus State of Haryana and Others 2023 LiveLaw (PH) 142

Khyali Ram vs. State of Punjab  2023 LiveLaw (PH) 143

Pooja and another vs. State of Punjab and others 2023 LiveLaw (PH) 144

 Sheela Vs. Brahamjit and others 2023 LiveLaw (PH) 145

 S through her mother K v. State of Haryana 2023 LiveLaw (PH) 146

 X v. State of Haryana 2023 LiveLaw (PH) 147

Rasid v. State of Haryana & Ors. 2023 LiveLaw (PH) 148

Rajwinder Singh v. State of Punjab and others  2023 LiveLaw (PH) 149

 X v. State of Punjab & Ors. 2023 LiveLaw (PH) 150

Reports

Dispute Regarding Non-Payment Of Dues Can't Be Referred To Arbitration, If Liability Is Admitted: Punjab and Haryana High Court

Case Title: M/s Simplex Infrastructure Ltd. & Anr. versus M/s J.P. Singla Engineers and Contractor

Citation: 2023 LiveLaw (PH) 1

The Punjab and Haryana High Court has ruled that where the liability to pay dues under a Contract is admitted by the parties, the dispute between them relating to non-payment cannot be said to be a dispute that 'arose out of' or 'in connection with' the Contract and thus, it cannot be referred to arbitration.

While holding that it was a simple case of non- payment of the final amount due under the Contract, the bench of Justice Nidhi Gupta ruled that the Civil Judge had rightly dismissed the petitioner's application under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) in a recovery suit filed before it. The Court added that in view of Section 8 of the A&C Act, the arbitration clause comes into operation only 'in a matter which is the subject of an Arbitration Agreement'.

Give Two Separate Dates For Publication Of Proclamation U/S 82 CrPC & For Appearance Of Accused 30 Days Thereafter: P&H High Court To Magistrates

Case Title: Jagjit Singh @ Jaggi v. State of Punjab

Citation: 2023 LiveLaw (PH) 2

In an attempt to prevent violation of Section 82 of the CrPC dealing with issuance of 'proclamations,' the Punjab and Haryana High Court has advised the Courts of Judicial Magistrates to give two separate dates in the proclamation; the first within 15-20 days to ensure publication of proclamation and the second after 30 days to ensure appearance of the accused.

Streetlight Scam: Punjab & Haryana HC Grants Anticipatory Bail To Former OSD To State's Ex-CM Captain Amarinder Singh

Case title - Sandeep Singh Sandhu vs. State of Punjab along with connected matters

Citation: 2023 LiveLaw (PH) 3

The Punjab and Haryana High Court today granted anticipatory bail to the former Officer on Special Duty (OSD) to the state's former Chief Minister Captain Amarinder Singh, who has been booked in the alleged streetlight scam involving Rs. 65 lacs.

The bench of Justice Gurvinder Singh Gill noted that though the petitioner (Sandeep Singh Sandhu) was the OSD to the former State CM, however, on the date of occurrence, he was not holding any office and since the CM had resigned by then, it can't be said that he exercised any kind of undue influence.

Punjab & Haryana High Court Orders ₹50 Lakh Compensation To Gurugram Teacher Couple Illegally Terminated By Private School

Case Title: M/s. G.D. Goenka School v. Parveen Singh Shekhawat and Others and M/s. G.D. Goenka School v. Ajay Singh Shekhawat and Others

Citation: 2023 LiveLaw (PH) 4

The Punjab and Haryana High Court has recently ordered G.D. Goenka School, Gurugram to pay ₹50 Lakh as compensation to a teacher couple, who were illegally terminated by the school in violation of the rules and without following proper procedure for disciplinary action.

The dispute arose when in 2015, a notice was issued to the couple, Parveen Shekhawat and Ajay Singh Shekhawat, both Physical Education Teachers at G.D. Goenka School, informing them of their performance being sub-standard. Subsequently, they were both terminated by serving a one-month notice.

'Other Family Members Can't Take Place Of Father, Mother': P&H HC Upholds 3-Yr Old's Interim Custody To Mother, Says Father May Not Have Ample Time

Case Title: Rahul v. Shalini

Citation: 2023 LiveLaw (PH) 5

Upholding the grant of interim custody of a minor son to his mother, the Punjab and Haryana High Court recently observed that extended family members of the child can never take place of either the father or the mother, when it comes to taking care of the minor.

The court was commenting on the father's argument that his parents and other family members are there to look after the minor child. The bench further said that since he is stated to be working in a private sector, he steps out of the house to follow his avocation and as such, may not be having ample time to look after the minor child.

Minor Children Of Widowed Daughter-In-Law Entitled To Maintenance U/S 19 Hindu Adoptions And Maintenance Act: Punjab & Haryana High Court

Case Title: Hari Ram Hans Vs Smt Deepali & Ors.

Citation: 2023 LiveLaw (PH) 6

Punjab and Haryana High Court has held that the word "Widow" under the Section 19 of the Hindu Adoptions and Maintenance Act, 1956 includes minor grand children staying with her, for the purpose of maintenance from father-in-law.

It thus refused interference in a revision petition against a Family Court order which granted maintenance pendente lite of Rs 2000/- to the each of the three grandchildren of the Petitioner (father-in-law). The challenge was premised on the ground that Section 19 of the Hindu Adoptions and Maintenance Act, 1956 entitles the widow daughter-in-law to file an application for maintenance, however, no provision exists to pay the maintenance to the grand children.

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC

Case Title: Sunil Sachdeva v. Rashmi and Another

Citation: 2023 LiveLaw (PH) 7

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband.

The case involved a couple who got married in 1983. After a matrimonial dispute between the two, they started living separately in 1993. By way of a written compromise made in 1993, the husband deposited Rs.3 lac in favour of his wife and two children as full and final alimony settlement regarding their past, present and future claims of maintenance.

Punjab & Haryana High Court Denies Bail To Persons Accused Of Hacking Phones Through Fake Loan App, Accessing 'Intimate' Photos For Blackmail

Case Title: Sunil Kumar Chauhan v. State of UT, Madhukar Dubey v. State of UT, and Akarm Mohmmad v. State of UT

Citation: 2023 LiveLaw (PH) 8

The Punjab and Haryana High Court has denied bail to three men in a case of blackmail and phone hacking. The accused would send links for download of a loan application, access the entire phone data and then blackmail those trapped by threatening to share their 'intimate' photographs with their contacts.

Justice Anoop Chitkara said the accused were able to take advantage of loopholes in the process of procurement of Aadhar cards and SIM cards. The allegations against the accused persons are that of "active participation in the gang activities by alluring the complainant to download the app by sending it on his mobile phone and subsequently enticing him to pay money", said the bench.

Spouse Having Incurable Mental Ailment Leading To Irresponsible, Violent Behaviour Makes Life Living Hell': P&H High Court Allows Man's Divorce Plea

Case Title: Ajay Mehra v. Gauri

Citation: 2023 LiveLaw (PH) 9

The Punjab and Haryana High Court recently allowed a man's divorce plea, observing that when a spouse has an incurable mental ailment, leading to "irresponsible and violent behavior, it certainly makes the life of the victim spouse, a living hell".

Setting aside the findings of the trial court that had dismissed the man's plea for divorce, the division bench of Justice Ritu Bahri and Justice Deepak Gupta said that the trial court failed to appreciate the medical evidence on his wife's mental health.

Gurudwara A Pious Place, Misappropriation Of Its Funds Hurts Sentiments Of People: Punjab & Haryana High Court

Case title - Sarjeet Singh @ Surjeet Singh and others vs. State of Haryana

Citation: 2023 LiveLaw (PH) 10

The Gurudwara is a pious place and the misappropriation of its funds hurts the sentiments of several people," the Punjab and Haryana High Court observed recently as it denied anticipatory bail to certain persons accused of siphoning off the funds of Gurudwara Singh Sabha in Barwala town of Hisar District in Haryana.

Noting that the petitioners are required for custodial interrogation to recover the amount and to take the investigation to its logical conclusion, the bench of Justice Harnaresh Singh Gill added that setting the petitioners free would set a bad example and would give oxygen to the fraudsters.

Apprehension Of Justice Being Thwarted Because Of Unholy Political Nexus': P&H High Court Denies Bail To Accused In 2014 Murder Case

Title: Balbir Singh Versus State of Punjab

Citation: 2023 LiveLaw (PH) 11

Observing that there is a likelihood of them threatening witnesses and apprehension of justice being thwarted because of an "unholy political nexus", the Punjab and Haryana High Court has denied bail to four accused in a 2014 case of murder of a youth from Tarn Taran.

"Merely because the petitioners are behind the bars for more than three years and trial is not likely to conclude in near future, are no ground for grant of regular bail to the petitioners," Justice Ashok Kumar Verma said in the order

High Court Directs Punjab Govt To Streamline Procedure For Issuing Vehicle Fitness Certificate

Case Titles: Ravinder Singh Gill v. State of Punjab, Mohinder Pal v. State of Punjab, Sanjeev Kumar v. State of Punjab, Satnam Singh v. State of Punjab,

Citation: 2023 LiveLaw (PH) 12

The Punjab and Haryana High Court, while disposing of anticipatory bail applications of persons working for the Regional Transport Authority in Punjab's Sangrur accused of charging bribe amount for giving fitness certificates to commercial vehicles without physical inspection, has directed the Punjab Government to streamline the process of issuance of such certificates.

Plea Of Juvenility Can Be Raised Even After Conviction, Sentence: Punjab & Haryana High Court

Case Title: ABC v. State of Haryana

Citation: 2023 LiveLaw (PH) 13

The Punjab and Haryana High Court has observed that the plea of juvenility can be raised by a person even after the disposal of the case in terms of conviction and sentence, as per which plea, the authorities shall be bound to conduct an age determination inquiry.

The Court was dealing with a petition filed by a person who had committed an offence at the age of a little over 16 years in the year 1995. As per the Juvenile Justice Act, 1986, a male was considered to be a juvenile till the age of 16 years and female till the age of 18 years, which was raised to 18 years for males through the Juvenile Justice (Care and Protection of Children) Act, 2000.

Rule 12-A CCS Extraordinary Pension Rules | Widow Entitled To Pension Even If Death Of Husband Not Attributable To Govt Service: Punjab & Haryana HC

Case Title: Sukhjeet Kaur v. Union of India and Others

Citation: 2023 LiveLaw (PH) 14

The Punjab and Haryana High Court recently directed the Centre to restore pension to a woman, whose husband - an employee of the Indian Air Force, had died in service in 1975. Her family pension was stopped in April 1982 when the authorities came to know that she had remarried the younger brother of her deceased husband.

The division bench of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur ordered the authorities to restore the pension to her from 29.04.2011 with interest @ 6% from the said date till the date of payment.

Weekend B.Tech Course Lacking Approval Of AICTE Can't Be Held On Par With Regular Degree: Punjab and Haryana High Court

Case Title: Arun Kumar v. State of Haryana & Ors. and Other Related Matters

Citation: 2023 LiveLaw (PH) 15

Ruling that the part-time B.Tech Program lacking the approval of AICTE cannot be treated on par with the regular degree, the Punjab and Haryana High Court has directed the Haryana government to exclude the in-service Junior Engineers, with such degrees, from the zone of consideration of promotion to the position of Sub Divisional Officer under the quota meant for degree holders.

Justice Arun Monga in a ruling said the employees, who had taken admission in the 4-year B.Tech (Civil Engineering) Weekend Course at Deenbandhu Chhotu Ram University of Science and Technology for academic Session 2011-2012 in the 'Weekend Programme for Working Professionals' cannot be said to possess the eligibility for promotion as Assistant Engineer against the quota for Graduate Engineers.

Credible Eyewitness Account Be Given Precedence Over Medical Account In Case Of Any Contradiction: Punjab & Haryana High Court

Case Title: Subhash @ Makkar and Ors. v. State of Haryana and Related Matter

Citation: 2023 LiveLaw (PH) 16

The Punjab and Haryana High Court recently held that the credible eye witness account "is to be assigned preponderance and precedence" over the medical account in case of contradiction between the two.

The court also said that the effect of minimal digressions or contradictions between the previously made statements in writing by the eyewitness and "his echoings in his testification recorded before the Court, are insignificant, especially when the echoing made by the ocular witness about the presence of all the accused, at the crime site, remains unrebutted and uncontroverted through adduction of cogent evidence."

Non-Domicile Candidates Not Entitled To Appointment Under 33% Reservation For Punjab Women: Punjab and Haryana High Court

Case Title: Kalpana Komal Bhati v. State of Punjab & Ors. and other related matters

Citation: 2023 LiveLaw (PH) 17

The Punjab and Haryana High Court recently held that the non-domicile women cannot be considered for appointment against the 33% reserved posts for women belonging to Punjab.

The issue before the court was whether the reservation is confined to the women of the State of Punjab or it is applicable to all the women belonging to other states also.

While dismissing the petitions related to the appointments of Junior Engineer (Civil) in various departments of Punjab government, Justice Anil Kshetarpal observed that the rules nowhere provide that the non-domicile women of State of Punjab shall also be entitled to the reservation.

Victim's Body Language Didn't Reflect Trauma, Remained Quite For Long Time': High Court Grants Bail To Former Punjab MLA

Title: Simarjit Singh Bains versus State of Punjab

Citation: 2023 LiveLaw (PH) 18

Granting bail to former MLA Simarjit Singh Bains in a rape case, the Punjab and Haryana High Court on Wednesday observed that there is no evidence that the victim reflected any trauma through her body language or conduct or complained to anyone about the forcible assault.

"There is no allegation that she did not do so because she was under a shock. There is no evidence that the consent was obtained by misconception of facts. Thus, a reading of the allegations, more particularly the fact that Kamalpreet Singh [neighbour of accused] contradicted the victim's statement and that despite numerous opportunities, she remained quiet for a long time, would dent her credibility, and such a dent would not justify any further pre-trial incarceration," said Justice Anoop Chitkara in the bail order.

Information About Place Of Posting, Deputation, Working Hours, Leaves Availed Cannot Be Disclosed Under RTI Act: Punjab and Haryana High Court

Case Title: Dr XXX v. State Information Commissioner, Haryana and Ors.

Citation: 2023 LiveLaw(PH) 19

The Punjab and Haryana High Court has held that the information with regard to the employee's place of posting, period of deputation, working hours, place of headquarter during deputation, any type of leaves availed along with the permission to leave the headquarter, copy of attendance register and movement register is personal in nature and cannot be disclosed under the RTI Act.

The court passed the ruling in a case where the the State Information Commission, Haryana, in 2015 directed disclosure of such information, pertaining to a dental surgeon, to an applicant under the RTI Act.

Once A Daughter Always A Daughter': High Court Says Punjab Policy Excluding Married Daughters From Compassionate Appointment Violates Articles 14 & 15

Case Title: State of Punjab and Another v. Amarjit Kaur

Citation: 2023 LiveLaw (PH) 20

The Punjab and Haryana High Court has held that the policy excluding married daughters from the benefit of compassionate appointment upon the death of their fathers is unconstitutional on account of being violative of Articles 14 and 15 of the Constitution of India.

The division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan said:

“We are of the considered opinion that the exclusion at the outset in the case of a married daughter is apparently arbitrary. The rejection at the threshold only on the ground of gender would be violative of Articlesn 14 and 15 of the Constitution of India since in contrast similarly situated sibling like the son who may be married and living separately would come within the zone of consideration since in his case, under Clause (b) of Note-I, it is not that his consideration is excluded being the married son.”

Government Jobs Not Just A Dream But Also A Sign Of Being A Winner; Thugs Exploiting This Weakness Of People: P&H High Court

Case title - Ajit Singh vs. State of Punjab [CRM-M-21645-2022]

Case Citation: 2023 LiveLaw (PH) 21

While denying Anticipatory Bail to a man accused of conning another person with a promise of a job in the Indian Army, the Punjab and Haryana High Court recently observed that getting Government Job is not just a dream but also a sign of being a winner and this weakness of people is being exploited by the Thugs.

Use Of Notional Breaks Against Employee Has Been Repeatedly Deprecated As Unfair Practice: Punjab and Haryana HC Grants Relief To PRTC Employee

Title: Bhajan Singh versus PRTC

Citation: 2023 LiveLaw (PH) 22

Observing that use of notional breaks against an employee has been repeatedly deprecated as unfair practice at the hands of the employer, the Punjab and Haryana High Court has granted relief to an employee of PEPSU Road Transport Corporation (PRTC).

Need To Remove Uncertainty Regarding Time Of Preparation Of Consent/Non-Consent Memo Qua Compliance Of S. 50 NDPS Act: P&H High Court

Case title - Parkash Singh vs. State of Punjab [CRA-S No.496-SB of 2005]

Case Citation: 2023 LiveLaw (PH) 23

The Punjab and Haryana High Court last week asked the state to devise a mechanism to remove the uncertainty regarding the place, date, and time of preparation of consent/non-consent memo qua compliance of Section 50 NDPS Act.

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer

Case title - Rupinder Singh vs. Kiran and anr [TA No.326 of 2020(O&M)]

Case Citation: 2023 LiveLaw (PH) 24

Granting relief to the husband in a matrimonial dispute case, the Punjab And Haryana High Court observed that it isn't the case that transfer of a case is always allowed in favor of the wife.

With this, the bench of Justice Nidhi Gupta allowed the transfer plea filed by a husband (suffering from brain cancer) and ordered to transfer oa case filed by the wife in Gurdaspur to the Ludhiana court.

Inquiry Not Required Once Delinquent Employee Admits Misconduct, Cannot Claim Violation Of Natural Justice: Punjab & Haryana High Court

Kuldeep Singh v. Shiromani Gurudwara Parbhandhak Committee; Dharminder Singh v. Shiromani Gurudwara Parbhandhak Committee

Citation: 2023 LiveLaw (PH) 25

The Punjab and Haryana High Court, while disposing of two writ petitions filed by terminated employees of the Shiromani Gurudwara Parbhandhak Committee, has ruled that once an employee admits to his misconduct or guilt, such employee cannot invoke the non-observance of principles of natural justice or absence of an inquiry at a later stage.

Penalty For Non Appearance - Not Valid If No Attempt To Evade Tax Is Made Out: Punjab & Haryana High Court

Case Title: M/s. Punjab Wool Syndicate Versus The State of Punjab and another

Citation: 2023 LiveLaw (PH) 26

The Punjab and Haryana High Court has held that non-appearance before the Information Collection Centre (ICC) cannot be made a ground to initiate penalty proceedings if no attempt to evade tax is made.

Procure Smartphone, Keep GPS On, Don't Delete WhatsApp History: Punjab & Haryana High Court's Bail Conditions For Accused In Bail Orders

Case Title: Hussain Abbas alias Tippu v. State of Haryana

Citation: 2023 LiveLaw (PH) 27

While granting bail to an accused, the Punjab and Haryana High Court recently imposed several conditions on the person: procure a smartphone, always keep the GPS turned on and do not format the phone or delete its WhatsApp chats or call logs.

Allegation Of 'Consent On Pretext Of Marriage' Gets Shattered When Woman Continues Relationship With Man Even After His Marriage: P&H High Court

Case Title: ABC v. State of Haryana and Another

Citation: 2023 LiveLaw (PH) 28

The Punjab and Haryana High Court, while upholding an order of acquittal passed by trial court in a rape case, said that the allegation of commission of rape on the pretext of marriage loses significance if the woman continues to be in a sexual relationship with the man even after his marriage with some other woman.

Punjab And Haryana High Court Grants Bail To 65 Y/O Man Who Allegedly Called Lord Valmiki A 'Dacoit' & 'Thief'

Case title - KRISHAN DEV DUBEY vs. STATE OF PUNJAB

Case Citation: 2023 LiveLaw (PH) 29

The Punjab and Haryana High Court recently granted bail to a 65-year-old man who allegedly referred to Lord Valmiki as a 'Dacoit' and 'Thief'.

The bench of Justice Jasjit Singh Bedi granted bail to Krishan Dev Dubey booked under Section 295A IPC after it noted that he is a first-time offender and has been in custody since 23.01.2022 and that his further incarceration is not required.

S. 124 of Finance Act, 2019 Not Violative of Article 14: Punjab & Haryana High Court

Case Title: M/s Schlumberger Asia Services Ltd versus Union of India & Anr.

Citation: 2023 LiveLaw (PH) 30

The Punjab and Haryana High Court has upheld the constitutional validity of Sections 124(2) and 130(2) of the Finance Act, 2019, which deal with the 'Vivad se Vishwas Scheme' (VSV Scheme), dismissing the contention that the said provisions were violative of Article 14 of the Constitution of India since they deny refund to the assessee/ declarant even if the amount already deposited by it exceeds the amount payable under the Scheme.

Punjab & Haryana High Court Orders Arrest Of Dismissed DSP Who Circulated 'Derogatory' Videos Against HC Judges

Case title - Court on its Own Motion vs. Union of India and others

Case Citation: 2023 LiveLaw (PH) 31

The Punjab and Haryana High Court directed the Commissioner of Police, Ludhiana to arrest dismissed Punjab Police DSP Balwinder Singh Sekhon and one Pardeep Sharma and produce them before Court to answer the charge of contempt on Feb 24 for circulating 'malicious', 'libelous', and 'derogatory' videos on social media pertaining to judicial proceedings of the Judges of the HC.

Forest Scam: Punjab And Haryana High Court Grants Bail To IFS Officer Vishal Chauhan In Corruption Case

Case title - Praveen Kumar vs. State of Punjab and connected matters

Citation: 2023 LiveLaw (PH) 32

The Punjab and Haryana High Court on Monday granted bail to IFS Officer Vishal Chauhan and others in connection with the Punjab Forest Scam and WWICS resorts extortion case.

Chauhan was nominated in the FIR last year after the vigilance department busted the forest scam with the arrest of Guramanpreet Singh, divisional forest officer (DFO), Mohali, and forest department contractor Harmahinder Singh.

Fabrication Of Bills Worth Rs.367 Crores, Accused In Custody For 18 Months: Punjab and Haryana High Court Grants Bail

Case Title: Vijay Garg Versus the State of Haryana and another

Citation: 2023 LiveLaw (PH) 33

The Punjab and Haryana High Court granted bail to the person accused of forging bills worth Rs. 367 crores and evading GST payments worth Rs. 26 crores.

The single bench of Justice Deepak Sibal has observed that the petitioner has already undergone actual custody for nearly one year and five months. Even if he is convicted, the maximum sentence that can be imposed on him is five years. At the pre-charge stage, the majority of the prosecution's material witnesses are examined. The proceedings that the petitioner faces are presently at the pre-charge stage, in which 37 prosecution witnesses still remain to be examined, and if the petitioner is even put on trial, the same is likely to take a long time to conclude.

Renting Dharamshala On Nominal Rent For Marriages Not Commercial, No Property Tax: Punjab and Haryana High Court

Case Title: Daulat Ram Khan Versus State of Haryana

Citation: 2023 LiveLaw (PH) 34

The Punjab and Haryana High Court has held that if Dharamshala is provided at a nominal rent for conducting marriages, it will not amount to a commercial purpose.The division bench of Justice Ritu Bahri and Justice Manisha Batra has observed that Dharamshalas are not liable to pay the property tax.

The petitioner's tax on lands and buildings was assessed, and the assessee was served with a notice of demand, including arrears, in the prescribed forms. De Hors Statutory Rules: High Court Directs Punjab Education Dept To Prepare Fresh Seniority List Of 50,000 Masters

De Hors Statutory Rules: High Court Directs Punjab Education Dept To Prepare Fresh Seniority List Of 50,000 Masters

Case No.: CWP-28434-2019 and other connected cases

Citation: 2023 LiveLaw (PH) 35

The Punjab & Haryana High Court recently found that the seniority list of Master cadre affecting more than 50,000 Masters/ Mistressess prepared by the Punjab Education Department in 2019 is de hors statutory rules.

It has directed the State government to prepare a fresh seniority list in accordance with the Rules framed in 1978, within six months. "Rules have been framed under proviso to Article 309 of the Constitution of India which are in the nature of statutory law...the statutory law is required to be given primacy," Single bench of Justice Anil Kshetarpal said.

'Swayamvar' A Fundamental Right Under Article 21, Its Roots Can Be Traced To Ramayana, Mahabharata: Punjab & Haryana High Court

Case title - Tek Chand vs. State of Punjab and others

Case Citation: 2023 LiveLaw (PH) 36

In a significant observation, the Punjab and Haryana High Court last week said that Swayamvar i.e. marriage by one's own choice is not a modern phenomenon and that its roots can be traced in ancient history including holy books like Ramayana Mahabharata.

Adding that Article 21 is enforcing this human right as a Fundamental Right, the bench of Justice Jagmohan Bansal quashed an FIR lodged against a man on the allegations of kidnapping a girl and later solemnizing marriage with her.

'Blackmailing Case; Unfortunate That Lady Made Rape Allegation Against Accused Who Was Not In India': P&H High Court Quashes FIR

Case title - Varinder Kumar @ Vicky vs. State of Punjab and another

Case Citation: 2023 LiveLaw (PH) 37

The Punjab and Haryana High Court last week quashed an FIR registered against a man on the allegations of committing gang rape against the alleged victim as it observed that at the time of the commission of the alleged offence, the accused was out of the Country.

Noting that as per the Investigating Officer, the accused was in London at the time when the offence of rape has been alleged to have taken place, the bench of Justice Jagmohan Bansal termed it to be a case of blackmailing as well as misuse of the process of law.

Punjab and Haryana High Court Orders Gurgaon DLSA To Pay Compensation To Minor Rape Victim Under 2013 Scheme

Case Title: B v. State of Haryana & Ors.

Citation: 2023 LiveLaw (PH) 38

The Punjab and Haryana High Court has directed the District Legal Service Authority (DLSA) in Gurgaon to disburse compensation under the Haryana Victims Compensation Scheme, 2013 (now repealed) to a rape victim, whose case had not been forwarded to the DLSA by the trial court for grant of compensation.

While allowing the writ petition filed by the father of the victim - who was minor on the date of incident, the single judge bench of Justice Vinod S. Bhardwaj observed that the incident took place in the year 2014 and the judgment was passed by the trial court in 2015 when the 2013 Scheme was in force.

Punjab And Haryana High Court Orders Sensitization Of Trial Courts About Significance Of Timely Disposal Of Injunction Applications

Case Title: Jaspal Singh & Ors. v. M/s Omaxe Chandigarh Extension Developers Pvt. Ltd.

Citation: 2023 LiveLaw (PH) 39

The Punjab and Haryana High Court recently directed the Presiding Officers of Trial Courts and District Judges of the States of Punjab, Haryana and Union Territory of Chandigarh for sensitizing Presiding Officers of Trial Courts about the significance and importance of timely disposal of injunction applications.

The single judge bench of Arun Monga was hearing revision petition for seeking direction to the trail court to finally dispose of the application for interim injunction filed under Order 39 Rules 1 & 2 CPC.

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court

Case title - Sandeep Malik vs. Renu and others

Citation: 2023 LiveLaw (PH) 40

The Punjab and Haryana High Court has observed that a person who is able to pay a hefty loan amount can not deflect from his responsibility towards his legally wedded wife as well children.

The observation was made by the bench of Justice Jagmohan Bansal while upholding a family court order directing one Sandeep Malik, a Lieutenant Colonel, working with the Indian Army to pay a total of Rs. 55,000/- to his wife and minor daughters as maintenance.

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC

Case Title: Bhanu Kiran v. Rahul Khosla and Ors.

Citation: 2023 LiveLaw (PH) 41

The Punjab & Haryana High Court held that an appeal under Section 29 (Appeal) of the Protection of Women from Domestic Violence Act, 2005 (the DV Act) is maintainable against interim order passed by Magistrate under Section 23 (Power to grant interim and ex parte orders) of the DV Act and the appellate court has power to pass interim order under section 29 of the DV Act.

Despite Progress Women In India Are Still Facing Domestic Violence Irrespective Of Age, Caste Or Religion: P&H High Court

Case title - Harvinder Kaur vs. State of Haryana and others

Citation: 2023 LiveLaw (PH) 42

In a significant observation, the Punjab and Haryana High Court recently said that despite an increase in educational qualifications and understanding of human relationships, still women in this country are subjected to domestic violence irrespective of age, caste, or religion.

False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant

Case Title: Varun Bagga vs. State of Punjab & Another

Citation: 2023 LiveLaw (PH) 43

In a recent judgment, the Punjab and Haryana High Court noted how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one's ego, which ultimately results in the wastage of the taxpayer funds because of the false FIR filed by the complainant.

Police Escort Charges Meant To Prevent Person On Bail From Absconding But It Can't Be So Exorbitant To Virtually Curtail Relief: Punjab & Haryana HC

Case Title: Tarif Hussain Vs. State of Haryana. Civil Writ Jurisdiction

Citation: 2023 LiveLaw (PH) 44

The Punjab and Haryana High Court recently asked the Haryana government not to levy excessive or exorbitant charges for Police escorts while releasing a Convict on interim bail.

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Case Title: Talim Khan vs. Intelligence Officer

Citation: 2023 LiveLaw (PH) 45

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband (as laid down in the decision of Daler Singh 2007(1) RCR (Criminal) 316) is liable to slightly be relaxed by 6 months while maintaining the minimum custody of 15 months after conviction.

Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court

Case Title: Subegh Singh v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 46

The Punjab and Haryana High Court recently held that the partitioned or redistributed Shamlat Deh lands which were proposed or shown to be reserved for common purposes under the Consolidation Scheme of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and were held to have never come under the management and control of the Gram Panchayats/ Municipalities, do not automatically vest in the Gram Panchayats/Municipalities.

Court Can't Compare Disputed Signatures With Admitted Ones By Mere Glance, Must Record Analysis Of Characteristics: P&H High Court

Title: Vijay Kumar Aggarwal versus Khushal Singh

Citation: 2023 LiveLaw (PH) 47

The Punjab and Haryana High Court has said that though Section 73 of the Indian Evidence Act empowers a court to compare the disputed signatures with the admitted signatures but the same cannot be done on a casual perusal or a mere glance, particularly without even recording an analysis of the characteristics of the admitted signatures as compared to those of the disputed one.

In A First, Punjab And Haryana High Court Seeks ChatGPT's Response On Bail Jurisprudence Across The World

Case title - Jaswinder Singh @ Jassi vs. State of Punjab and another

Citation: 2023 LiveLaw (PH) 48

In a first, the Punjab and Haryana High Court, while dealing with a bail plea, sought the response of the artificial intelligence (AI) chatbot developed by OpenAI, ChatGPT to get a broader outlook of the bail jurisprudence across the world.

Punjab & Haryana HC Allows 9-Yr-Old To Stay With Maternal Grandmother After Mother Fails To Save Her From Sexual Abuse By Step Father

Case Title: HN Vs State of Punjab & others

Citation: 2023 LiveLaw (PH) 49

Ruling that if the custody of either of the parents does not promote the child's welfare, it can be handed over to a third person, the Punjab and Haryana High Court has refused to hand over a 9-year-old girl to her mother, while allowing the maternal grandmother to retain her custody.

Even A Professional Beggar Has A Moral & Legal Liability To Maintain His Wife, Who Is Unable To Maintain Herself: P&H High Court

Case title – XXXX vs. YYYY

Citation: 2023 LiveLaw (PH) 50

The Punjab and Haryana High Court has observed that a husband has got a moral and legal liability to maintain his wife unable to maintain herself, even if he is a professional beggar.

The bench of Justice HS Madaan asserted thus while dismissing a plea filed by the husband challenging an order passed by the subordinate court awarding Rs 5K as monthly maintenance to the wife during the pendency of the divorce matter.

Application U/S. 311 CrPC Can Be Filed By Anyone For Just Decision, Not Just Prosecution Or Complainant: Punjab and Haryana High Court

Title: Bennett Coleman and Company Limited versus State of Haryana and others

Citation: 2023 LiveLaw (PH) 51

While allowing Times Group's petition challenging the dismissal of its application under Section 311 of CrPC by trial court in a case of alleged forced religious conversion, the Punjab and Haryana High Court has said the provisions of Section 311 CrPC can be invoked by anyone who is able to show that the evidence of witness sought to be examined will be necessary for just decision of the case.

Justice Jasgurpreet Singh Puri said a perusal of Section 311 CrPC would show that it is the duty of the court to apply its mind to ascertain as to whether testimony of person sought to be summoned is required for just decision of the case.

Seek District & Sessions Judge's Opinion Before Interpreting SC's Stay Vacation Verdict In 'Asian Resurfacing' Case: P&H HC Directs Civil Judges

Case title - Saroj Kanta vs. Jai Parkesh and others

Citation: 2023 LiveLaw (PH) 52

In a significant order, the Punjab and Haryana High Court has directed the Civil Judges/Judicial Magistrates in the States of Punjab, Haryana and Chandigarh to seek the opinion of their respective District and Sessions Judges before interpreting Supreme Court's direction in Asian Resurfacing of Road Agency (P) Ltd. v. CBI.

It may be noted that in the Asian Resurfacing judgment (supra), the Supreme Court had, in March 2018, directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended.

Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case

Case Title: Kamal Singh vs. State of Haryana

Citation: 2023 LiveLaw (PH) 53

The Punjab and Haryana High Court recently granted bail to a retired army personnel, who had been imprisoned for nearly a year, holding that mere registration of other cases against the petitioner could not be taken as the sole material consideration for denying him bail.

The court passed the above order in a petition filed under Section 439 of the CrPC, seeking grant of regular bail in an FIR registered under Sections 420, 465, 467, 468, 471, 506 of IPC.

Minimum Period Of 7 Days To Respond Is Mandatory, Non-Compliance is To Reassessment Proceedings: Punjab & Haryana High Court

Case Title: Baljeet Singh Versus ITO

Citation: 2023 LiveLaw (PH) 54

The Punjab & Haryana High Court has held that a minimum period of seven days to respond as provided under Section 148A(b) of the Income Tax Act is mandatory in nature and non-compliance in this regard would be fatal to the reassessment proceedings.

The division bench of Justice Ritu Bahri and Justice Amarjot Bhatti set aside the order under Section 148A(d) and consequential notice under Section 148 as the minimum period provided under Section 148A(b) of the Act was not provided.

Punjab and Haryana High Court Upholds Dismissal of CRPF Constable for Indecent Gesture, Liquor Consumption During Duty Hours

Case Title: Hira Lal vs. Union of India and others RA No.28 of 2022

Citation: 2023 LiveLaw (PH) 55

The Punjab and Haryana High Court has upheld an order of dismissal of a Central Reserve Police Force (CRPF) constable for making indecent gestures towards a senior female officer and wandering around the mess while being under the influence of alcohol during duty hours.

'State Can't Shirk Duty To Ensure Citizens' Safety': P&H High Court Directs SSP To Consider Same-Sex Couple's Protection Request

Case title - XXX and another vs. State of UT Chandigarh & others

Citation: 2023 LiveLaw (PH) 56

Stressing that State Government cannot shirk its duty to ensure the safety of its citizens, Punjab and Haryana High Court recently directed the Senior Superintendent of Police, UT Chandigarh to examine the alleged threat perception of a same-sex couple and provide them security if needed.

The bench of Justice Gurvinder Singh Gill passed this order on the plea of two women (21 and 24 years old) who had moved the Court seeking protection against the private respondents, who are opposed to the live-in relationship of the petitioners and do not approve of their intentions to solemnize 'same-sex marriage'.

Punjab And Haryana High Court Directs To Refund Tax Collected Illegally With 6% Interest

Case Title: Diwakar Enterprises Pvt. Ltd. Versus Commissioner of CGST Citation: CWP-23788-2021

Citation: 2023 LiveLaw (PH) 57

The Punjab and Haryana High Court has held that if the tax is collected without any authority of law, the same would amount to depriving a person of his property without any authority of law and would infringe on his right under Article 300 A of the Constitution of India.

The bench of Justice Ritu Bahri and Justice Manisha Batra has observed that no receipt was given by the proper officer after accepting the amount. The amount deposited by the petitioner under protest was liable to be refunded as the petitioner was deprived of his right.

Punjab & Haryana High Court Orders ₹5 Lakh Compensation To Family Of India-Pakistan War Martyr Over Delay In Land Allotment

Case Title: Sarbjit Singh v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 58

The Punjab and Haryana High Court directed the Punjab Government to pay a compensation of Rs. 5 lakhs for making procrastinated delay in allotment of land to the family members of the deceased Indian Army Soldier who was martyred during the Indo-Pakistan war in 1971.

Punjab and Haryana High Court Quashes FIR Against Persons Accused Of Abetting Suicide Of School Principal In 2014

Case Title: Nirmaljit Singh and Ors vs. State of Punjab and Another

Citation: 2023 LiveLaw (PH) 59

The Punjab and Haryana High Court quashed a case of abetment to suicide, observing that there was no positive action on the part of accused, proximate to the time of occurrence, which may have led or compelled the deceased to commit suicide.

Employment Cannot Be Denied Merely On Grounds Of Delay In Production Of EBPGC Certificate From The Competent Authority: Punjab & Haryana HC

Case Title: Staff Selection Commission vs Subhash Chand and others

Citation: 2023 LiveLaw (PH) 60

A division bench of the Punjab and Haryana High Court comprising of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur while deciding a Letters Patent Appeal (“LPA”) in the case of Haryana Staff Selection Commission vs Subhash Chand and others has held that employment cannot be denied merely on the ground of delay in production of Economically Backward Person in General Caste (“EBPGC”) Certificate.

Fraud Renders The Appointment Itself Void Ab Initio And Non-Est And Therefore No Question Of Eligibility Arises: Punjab And Haryana High Court Reiterates

Case Title: Parul vs Uttar Haryana Bijli Vitran Nigam Limited and another

Citation: 2023 LiveLaw (PH) 61

A division bench of the Punjab and Haryana High Court comprising of Justice Ravi Shanker Jha and Justice Arun Palli while deciding a Letters Patent Appeal (“LPA”) in the case of Parul vs Uttar Haryana Bijli Vitran Nigam Limited and another has held that the question of eligibility does not arise as the applicant's attempt to obtain appointment by playing fraud disentitles her to be considered for appointment or to claim appointment.

A Candidate Not Vigilant Cannot Seek Indulgence Of A Writ Court Merely On The Plea Of His Merit: Punjab & Haryana HC

Case Title: Gaurav Sangwan vs State of Haryana and others

Citation: 2023 LiveLaw (PH) 62

A division bench of the Punjab and Haryana High Court comprising of Justice Ravi Shanker Jha and Justice Arun Palli while deciding a Letters Patent Appeal (“LPA”) in the case of Gaurav Sangwan vs State of Haryana and others has held that candidate who has not been vigilant, and has squandered the opportunity with his casual attitude cannot seek the indulgence of a writ court merely on the plea of his merit to deny other candidates, who have been meticulous and alert, access to the next stage of the selection.

Force Ready To Act But Indecision Of Authorities Apparent: Punjab & Haryana High Court On Agitation For Release Of Sikh Prisoners In Mohali

Case Title: Arrive Safe Society v. State Of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 63

The Punjab and Haryana has said that protestors of Qaumi Insaf Morcha, who have been on an indefinite protest for weeks near Chandigarh-Mohali border, cannot be allowed to continue for all time to come.

The division bench of Justice Augustine G. Masih and Justice Harpreet Singh Brar said that it hopes and expects that the authorities succeed in the negotiations with the agitators. The court stressed that there has to be an end to all this.

Grant Of Higher Pay Scale Only On The Basis Of Completion Of Some Years Of Service And Not Seniority Is Violative of Article 14 & 16: P&H HC Reiterates

Case Title: State of Punjab and others vs Dr. Ranjit Singh and others

Citation: 2023 LiveLaw (PH) 64

A division bench of the Punjab and Haryana High Court comprising of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur while deciding a Letters Patent Appeal (“LPA”) in the case of State of Punjab and others vs Dr. Ranjit Singh and others has held that grant of higher pay scale only on the basis of completion of some years of service and not seniority is violative of Article 14 & 16 of the Constitution of India.

NH Act: Land Acquisition Act 2013 Applicable Where Compensation Deposited Before Dec 31, 2014, But Not Paid To Majority: Punjab & Haryana HC

Case Title: National Highways Authority of India vs. Modan Singh and others FAO-756-2022 (O&M)

Citation: 2023 LiveLaw (PH) 65

The Punjab and Haryana High Court has ruled that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, would apply to cases of land acquisition, under National Highways Act 1956, where agencies deposited the compensation amount prior to December 31, 2014 with the Competent Authority for Land Acquisition (CALA) but the same was not paid to the majority of the acquired land holders.

Holding Driver Guilty Of Offence Involving Moral Turpitude In Road Accidents Without Mens Rea Unjustified: Punjab & Haryana High Court

Case Title-Darshan Singh v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 66

The Punjab and Haryana High Court modified the transport department's dismissal order of a driver convicted under Section 304-A IPC in a road accident case. The court converted the order to premature retirement from service, with entitlement to retrial benefits.

Punjab & Haryana High Court Grants Bail To Additional Excise & Taxation Commissioner Allegedly Involved In GST Evasion

Case Title: Dheeraj Garg Versus State of Haryana

Citation: 2023 LiveLaw (PH) 67

The Punjab and Haryana High Court has granted bail to Dheeraj Garg, IRS, who was posted as Additional Excise and Taxation Commissioner, Panchkula, and who was allegedly involved in GST evasion.

Their Married Life Cannot Be Disturbed For Sake Of Trial': Punjab And Haryana High Court Quashes Rape Case As Accused Marries 'Victim'

Case Title:Chandan Paswan v. State of Punjab and Another

Citation: 2023 LiveLaw (PH) 68

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR.

Justice Amarjot Bhatti said the offence under Section 376(2)(n), 506 of IPC is a serious offence and is non-compoundable under Section 320 of CrPC but to do a complete justice and to protect the future of the couple, the compromise arrived at between them cannot be ignored.

Punjab & Haryana High Court Allows BAAS Educational Trust To Run School On Gram Panchayat Land, Says Dissemination Of Education Is Duty Of Panchayats

Case Title: BAAS EDUCATIONAL TRUST, GBP SCHOOL, GAIRATPUR BAAS vs. THE STATE OF HARYANA AND OTHERS

Citation: 2023 LiveLaw (PH) 69

The Punjab and Haryana High Court has set aside the orders directing removal of a school building constructed by BAAS Educational Trust on the Gram Panchayat land in Haryana's Gurgaon district

The division bench of Justice Suresh Thakur and Justice Kuldeep Tiwary said the Gram Panchayat concerned has ensured that it makes a complete and efficient management of the school. The court also said that the construction of the school "is not outside the meaningful user" of the Panchayat land under Rule 3 of The Punjab Village Common Lands (Regulation) Rules, 1964.

Punjab & Haryana High Court Imposes Rs 1 Lakh Cost In Contempt Case Against Police Officer For Handcuffing Accused

Case Title: Suresh Kumar Satija v.Balwinder Singh Touri

Citation: 2023 LiveLaw (PH) 70

The Punjab & Haryana High Court imposed a cost of Rs 1 lakh on a police officer who had handcuffed Suresh Kumar Satija, an Akali Dal member, while taking him to market in connection with investigation in a 2018 forgery case.

"Considering the fact that the petitioner was handcuffed by the respondent, the respondent is directed to pay a cost of Rs.1,00,000/-, which will be deposited in the Punjab and Haryana High Court Employee's Welfare Association. However, it will have no bearing on service carrier of respondent," said Justice Arvind Singh Sangwan in the order.

NDPS Act | Mere Pregnancy Of Wife Not Reason Enough For Grant Of Interim Bail: Punjab & Haryana High Court

Case Title: Imtiyaz Ahmed v. State of Punjab

Citation: 2023 LiveLaw (PH) 71

The Punjab & Haryana High Court has held that mere pregnancy of the wife is not a reason enough for the grant of interim bail to the person accused under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) registered at Police Station City Khanna, District Ludhiana in October 2022.

Land Allotment: Panchayat Can Exempt Certain Category Of Persons From Charges But Only On Ground Of Poverty: P&H High Court

Case Title: Ravinder and others vs. State of Haryana and others CWP No. 24136 of 2016

Citation: 2023 LiveLaw (PH) 72

The Punjab and Haryana High Court has dismissed the writ petitions challenging the rejection of a Gram Panchayat's resolution to allocate land certain individuals under proviso to sub-Rule 4 of Rule 8 of the Haryana Village Common Lands (Regulation) Rules, 1964,

The division bench of Justices Sureshwar Thakur and Kuldeep Tiwari ruled that the Gram Panchayat has no authority to carve plots from gada khad and make resolutions for allotments "to any member of the scheduled caste or backward class or to any landless labourers or tenant."

Day After His Arrest, Punjab & Haryana HC Dismisses As 'Infructuous' Habeas Corpus Plea Pertaining To Amritpal Singh

Case title - Imaan Singh Khara vs. State of Punjab and others

Case Citation: 2023 LiveLaw (PH) 73

The Punjab and Haryana High Court today dismissed as infructuous, a habeas corpus plea moved before it seeking the production/release of alleged separatist leader and chief of 'Waris Punjab De' organization, Amritpal Singh, a day after he was arrested by Punjab Police in State's Moga district.

'State Has Tried To Take Away Right To Life Of A Widow': Punjab & Haryana High Court Allows Woman's Plea For Pension, Imposes 2 Lakh Cost On State

Case Title: Kaushalya Devi alias Kushaliya Devi vs State of Punjab and others CWP-1781-2023

Citation: 2023 LiveLaw (PH) 74

The Punjab And Haryana High Court has allowed a petition filed by a widow challenging the order withholding the family pension and pensionary benefits of her deceased husband who was convicted in a criminal case during his service as a Junior Scale Stenographer in Punjab.

“No justification has come forth as to under what authority of law, the pension and other benefits of the husband of the petitioner and family pension of the petitioner have been withheld or denied. Therefore, the Constitutional, Statutory and Human Right of the petitioner has been violated by the State,” Justice Jasgurpreet Singh Puri said in the order.

Dispose Of Engineering College's Property For Payment Of Salary To Employees: Punjab & Haryana High Court To State

Case Title:Ajit Singh and others v.State of Punjab and others

Citation: 2023 LiveLaw (PH) 75

The Punjab and Haryana High Court has ordered disposal of the property of the Baba Hira Singh Bhattal Institute of Engineering and Technology, Lehragaga, Sangrur for payment of salary to its employees.

Justice Anil Kshetarpal said that, “this Court is left with no choice but to direct the Principal Secretary, Department of Technical Education and Industrial Training, Punjab, who is a member of the Board of Governors of the Institute to dispose of the property of the Institute in order to pay the amount to the petitioners within a period of one month from today, positively”.

'Damaged Religious Feelings, Distorted Public's Faith In Religious Guru': Punjab and Haryana High Court Rejects Sadhu's Bail Plea In Rape Case

Case Title: Xxx v. Xxx

Citation: 2023 LiveLaw (PH) 76

The Punjab and Haryana High Court has rejected the bail application of a religious guru accused of raping a woman after calling her for a Bandara at a temple in January last year.

The bench of Justice Jagmohan Bansal said the accused Naga Baba Dalip Giri “miserably misused his position” and does not deserve any leniency.

Tax Deposited During Search Can't Be Retained By Department Till Adjudication Of Notice: Punjab and Haryana High Court

Case Title: Modern Insecticides Ltd. Versus Commissioner, Central Goods and Service Tax and another

Citation: 2023 LiveLaw (PH) 77

The Punjab and Haryana High Court has held that deposits of tax during searches cannot be retained by the department until the adjudication of the notice.

The bench of Justice Ritu Bahri and Justice Kuldeep Tiwari has directed the department to return the amount of Rs. 2.54 crores to the petitioner along with simple interest at the rate of 6% per annum from the date of deposit until the payment is made.

Punjab & Haryana High Court Dismisses Plea Challenging Termination Of LPG Distributorship For Concealment Of Facts By OCI Card Holder

Case Title: M/s SRA HP Gas Agency and others vs Union of India and others CWP-7681 of 2017

Citation: 2023 LiveLaw (PH) 78

The Punjab and Haryana High Court has dismissed a petition filed by a gas agency seeking the quashing of a termination letter for their LPG dealership in Hoshiarpur.

The dealership agreement of M/s SRA H.P. Gas Agency was terminated by the Corporation on the grounds that the applicant - the petitioner no. 2 in the case, had concealed material facts while applying for the distributorship and was not eligible for it.

Applicant Should Have The Qualification On Date, Proof Can Be Produced Later: Punjab & Haryana HC Reiterates

Case Title: Narender Kumar v Dr. Kuldeep Singh and Others

Citation: 2023 LiveLaw (PH) 79

A division bench of the Punjab and Haryana High Court comprising of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur while deciding a Letters Patent Appeal (“LPA”) in the case of Narender Kumar vs Dr. Kuldeep Singh and others has held that it is necessary to have the essential qualification by the date of the application and the proof of publication can be produced later which is an added essential qualification.

Gurgaon School Murder: Punjab & Haryana High Court Upholds Decision To Try Juvenile As Adult

Case Title: Bholu, a 'Juvinile in conflict with law' v.CBI

Citation: 2023 LiveLaw (PH) 80

The Punjab and Haryana High Court has upheld the Principal Magistrate, Juvenile Justice Board, Gurugram's decision to try a child in conflict with law as an adult in the 2017 murder case of a Gurgaon school student.

Justice Anoop Chitkara said that the order is absolutely in tune with the directions of the Supreme Court and has been passed in the light of provisions of the Juvenile Justice Act and calls for "no interference".

Punjab & Haryana High Court Refuses Interim Custody To Biological Mother Who Prima Facie Abandoned Her Child

Case Title: Manisha Maheshwari vs State of Haryana and Ors.

Citation: 2023 LiveLaw (PH) 81

While denying interim custody of a minor child to his biological mother, the Punjab and Haryana High Court has observed that biological parents are disentitled to grant of custody if they abandon their minor child and deprive child from love and affection.

A bench of Justice Sureshwar Thakur was dealing with a petition moved by the biological mother of the minor child, seeking grant of custody.

Punjab & Haryana High Court Orders Punjab Govt To Pay Rs 5 Lakh To Army Man's Widow For Forcing Her To Approach Court In Land Allotment Case

Case Title: Balwant Kaur v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 82

The Punjab and Haryana High Court on Thursday directed Punjab government to provide a compensation of Rs. 5 lakhs to a widow of a deceased soldier for not assigning any revenue rasta with promptitude for the land allotted to her in honour of the service of her deceased husband.

Punjab And Haryana High Court Quashes Income Tax Demand Notice For Non-Compliance Of Section 144-B Procedure

Case Title: Arihant Roller Flour Mills Versus National Faceless Assessment Centre

Citation: 2023 LiveLaw (PH) 83

The Punjab and Haryana High Court has quashed the assessment order and consequent notice of demand and penalty proceedings due to non-compliance of procedure enshrined in clauses (vii) and (viii) of Section 144-B(6) of the Income Tax Act.

The bench of Justice Ritu Bahri and Justice Manisha Batra observed that the assessment of the orders and demand notices had been passed in violation of principles of natural justice.

Punjab & Haryana High Court Awards Rs 1 Lakh Compensation Each To Two Women Denied Pension For Years By State

Title: Surjit Kaur v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 84

Observing that pension and pensionary benefits are not the bounty of the State and rather it is a Constitutional Right under Article 300-A, the Punjab & Haryana High Court recently imposed 1 Lakh Cost on Punjab in two different cases for causing delay in releasing pension. The cost is ordered to be paid to the beneficiaries along with the pension amount.

In one case, the widow had been awaiting her pension for 12 years, and in another case, there was a delay of 4 years in releasing the pension of a Craft Teacher.

Centre Orders Recovery Of Extra Pension Paid To Ex-Sepoy Due To Mistake In Computer Input, Punjab & Haryana High Court Says Action Illegal

Case title: Kashmir Singh v.Union of India and others

Citation: 2023 LiveLaw (PH) 85

Restraining the Centre from recovering the extra pension “erroneously” paid to an 80-year-old retired Sepoy, the Punjab and Haryana High Court said the recovery of some amount from the pension in installments of Rs. 3500 per month is not only illegal and perverse but also violative of the law laid down by the Supreme Court.

The bench of Justice Jasgurpreet Singh Puri said the amount of recovery which has already been made from the petitioner prior to the interim order passed by the court shall be refunded to him forthwith alongwith interest @ 6% per annum within a period of three months.

Position Of A Civil Servant Not A Position Of Privilege, Rather A Means To Serve Public: Punjab & Haryana High Court

Case Title: Ankit vs. State of Punjab and others

Citation: 2023 LiveLaw (PH) 86

The Punjab and Haryana High Court has observed that the position of a civil servant is not a position of privilege, rather a means to serve the public.

“It is well known that only a fortunate few have the opportunity to serve the state as an employee. Among those few, some have the privilege to serve the public….The government officers and civil servants, who hold the decision-making powers, are expected to address the grievances of the people, who face unfortunate and unjust circumstances. Without this intent, cases like the present one will continue to come before the courts. It is reasonable to expect that one day a better sense of duty would prevail and grievances of the public will be addressed at the outset,” the court said.

Punjab & Haryana High Court Refuses To Quash FIR Against Narnaul Red Cross Society's Secretary In Alleged Sanitary Napkin Supply Scam

Case Title: Manoranjan Sharma and another v.State of Haryana and others

Citation: 2023 LiveLaw (PH) 87

The Punjab and Haryana High Court has refused to quash a corruption case against a Secretary of Red Cross, Narnaul, and his daughter. It is stated that the Secretary was instrumental in obtaining a sanitary napkin supply order to colleges in favor of his daughter.

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made

Case title:Harjeet Singh vs State of UT Chd (CRA-S-4011-SB 2017)

Citation: 2023 LiveLaw (PH) 88

The Punjab and Haryana High Court has observed that since the Narcotic Drugs and Psychotropic Substances (NDPS) Act has provisions for stringent punishment, the standard of investigation is also required to be meeting all those parameters.

Punjab & Haryana High Court Dismisses Plea Seeking Default Bail In UAPA Case

Case Title: Robinjeet Singh Alias Mota v. State of Haryana

Citation: 2023 LiveLaw (PH) 89

The Punjab and Haryana High Court has rejected the appeal against dismissal of default bail plea filed by a person accused under Sections 13, 18, and 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and Sections 4 and 5 of the Explosive Substance Act at Police Station Sahabad, Kurukshetra. The accused had allegedly placed an explosive device in a tiffin box on the highway between Ambala and Kurukshetra in June 2022.

Gram Panchayat Under Obligation To Provide Revenue Rasta Even To A Solitary Villager: Punjab & Haryana High Court

Case Title: Gram Panchayat Badaliyan v. The Financial Commissioner to Govt. Punjab and Ors.

Citation: 2023 LiveLaw (PH) 90

The Punjab and Haryana High Court recently dismissed a petition filed by Gram Panchayat Badaliyan against the Collector's order to construct a 'rasta' for a person, which it alleged is an unauthorised occupant of its land.

Punjab & Haryana High Court Grants Anticipatory Bail To Man Accused Of Sharing Wife's 'Sexually Explicit Video' With His Extramarital Partner

Case Title: X v. State of Punjab

Citation: 2023 LiveLaw (PH) 91

Observing that it is not the prosecution's case that the sexually explicit video and photos were "circulated amongst the general public”, the Punjab and Haryana High Court granted anticipatory bail to a man and his extra-marital partner in a case accusing the former of sharing the content in question with the latter.

Can't Approach Court Seeking Approval Of Second Relationship Under Umbrella Of Article 21 When First Wife Deprived Of Equity: Punjab & Haryana HC

Case Title: X v. State

Citation: 2023 LiveLaw (PH) 92

Observing that a person who does not do equity even with the life companion cannot approach the court to seek approval of his relation under the umbrella of Article 21, the Punjab and Haryana High Court has refused to issue directions for police protection of a Muslim man and his second wife.

High Court Dismisses Plea Seeking Postponement Of Either Haryana Civil Services Prelims Or Punjab Excise & Taxation Inspector Exam

Case Title: Parminder Kaur v Haryana Public Service Commission

Citation: 2023 LiveLaw (PH) 93

The Punjab and Haryana High Court has dismissed a petition seeking postponement of the Preliminary Examination of Haryana Civil Services (Executive Branch) and other Allied Services-2022 which is scheduled to be held on May 21. The plea alternatively sought postponement of the examination for post of Excise and Taxation Inspector being conducted by Punjab Subordinate Services Selection Board on the same date.

'Blenders Pride' Vs 'Royal Challenger American Pride': Punjab & Haryana High Court Dismisses Pernod Ricard's Appeal For Interim Relief

Case Title: Pernod Richard India Pvt Ltd v. United Spirit Ltd.

Citation: 2023 LiveLaw (PH) 94

Observing that the “similarities of a single word cannot be taken as an infringement or passing off,” the Punjab and Haryana High Court has dismissed Pernod Ricard India Private Limited's appeal against United Spirits Limited over alleged infringement of its trademark 'Blenders Pride'

Pernod had prayed for restraining United Spirits from infringing its trademark by manufacturing and selling goods under the trademark 'Royal Challenger American Pride'. A single bench had earlier dismissed its application under Order 39 Rule 1 and 2 of the CPC.

Time Frame For Grant Of Prosecution Sanction Under UAPA Rules Mandatory, Accused Entitled To Interim Bail In Case Of Delay: Punjab & Haryana High Court

Case Title: Manjeet Singh v. State of Punjab

Citation: 2023 LiveLaw (PH) 95

In a significant ruling, the Punjab and Haryana High Court has held that on conclusion of investigation and filing of challan, if no decision on prosecution sanction is taken and communicated within the period as specified in the Unlawful Activities (Prevention) (Recommendation and Sanction of Prosecution) Rules, 2008, the accused ought to be released on interim bail.

Punjab & Haryana High Court Grants Bail To AAP MLA Amit Rattan In Corruption Case

Case Title: Amit Rattan vs.State of Punjab

Citation: 2023 LiveLaw (PH) 96

Considering that “nothing has been recovered” from him, the Punjab and Haryana High Court has granted bail to AAP MLA Amit Rattan in a corruption case filed in February 2023 under Sections 7, 7(a) of the Prevention of Corruption Act and Section 120-B IPC at Bathinda.

Rattan was arrested in March after Rashim Garg, alleged to be private PA of the MLA, was apprehended in a trap set by the Vigilance Bureau. The trap was initiated on the basis of the complaint of the husband of a sarpanch, who alleged that both Garg and the MLA were demanding a bribe of Rs. 5 lakh in connection with clearance of payment of certain official works.

Punjab and Haryana High Court Directs Haryana Staff Selection Commission To Revise Merit List Of Constables, Sub-Inspectors Selected In 2019

Case Title: SOMBIR VERSUS STATE OF HARYANA AND ANOTHER

Citation: 2023 LiveLaw (PH) 97

While disposing of a batch of 52 petitions challenging the merit list prepared by Haryana Staff Selection Commission (HSSC) for the appointment of policemen to various posts in Indian Reserve Battalion, the Punjab and Haryana High Court has asked the Commission to revise the merit list of those candidates whose claim for benefit in the 'orphan category' was wrongly denied.

Punjab & Haryana High Court Acquits Four In Double Murder Case

Case Title: Jagtar Singh and others v. State of Punjab

Citation: 2023 LiveLaw (PH) 98

Giving benefit of doubt to them in a 2018 double murder case, the Punjab & Haryana High Court has acquitted four convicts who were sentenced to life imprisonment in 2021 by Additional Sessions Judge, Gurdaspur.

After noting various lapses in prosecution case, the bench of Justice Ritu Bahri and Justice Manisha Batra said, “This Court is of the opinion that the prosecution has failed to prove the charges against the appellants to the hilt as obligated in law and, therefore, they are entitled to be given benefit of doubt.”

Punjab & Haryana High Court Dismisses Appeal Challenging Answer Key Of 2015 Clerk Post Exam

Case Title:Monu v. Haryana Staff Selection Commission

Citation: 2023 LiveLaw (PH) 99

Observing that the court is not required to examine the correctness of the expert opinion, the Punjab & Haryana High Court has dismissed an appeal challenging the answer key of a clerk post exam held by Haryana Staff Selection Commission.

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Case Title: RAJPAL @ BILLU vs. RAJPAL @ BILLU

Citation: 2023 LiveLaw (PH) 100

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code (CrPC) itself is overturned.

The court passed the ruling on a revision petition filed by one, Rajpal alias Billu challenging the dismissal of his application for default regular bail in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Punjab & Haryana High Court Issues Guidelines For Service Of Summons Through WhatsApp, Other Messaging Apps By Revenue Courts

Case Title: Amar Singh vs. Sanjeev Kumar

Citation: 2023 LiveLaw (PH) 101

The Punjab and Haryana High Court has issued a slew of directions for a faster and easier way to serve summons, notices and pleadings to avoid delay in disposal of proceedings before the Revenue Courts in Punjab, Haryana and Chandigarh.

Punjab & Haryana High Court Grants Bail To Former AIG Ashish Kapoor In Bribery Case

Ashish Kapoor vs State of Punjab

Citation: 2023 LiveLaw (PH) 102

The Punjab and Haryana High Court has granted bail to former Assistant Inspector General of Police (AIG) Ashish Kapoor and Assistant Sub Inspector Harvinder Singh in a bribery case. The court took note of the petitioners' "substantial period" of custody of more than seven months and ordered their release on regular bail.

'Allegations Are Very Serious': Punjab & Haryana High Court Rejects Bail Plea Of Man Accused Of Transporting Cows For Slaughtering

Case Title: Shrif v. State of Haryana

Citation: 2023 LiveLaw (PH) 103

Observing that the he was carrying cows in a "pitiable" condition and the allegations against him are "very serious", the Punjab and Haryana High Court has rejected bail of an accused booked under provisions of Haryana Gauvans Sanrakshan and Gausamvardhan Act and Prevention of Cruelty to Animals Act, for allegedly taking cows for slaughtering.

High Court Asks Punjab Irrigation Dept To Release Pensionary Benefits To Widow In 3 Weeks Or Face Stay On Disbursal Of Salaries Of IAS Officers

Case Title: Rani Devi and another v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 104

The Punjab and Haryana High Court has directed the Punjab Irrigation department to release the pensionary benefits to a widow, whose husband has been missing for nearly three decades, within three weeks or there will be a stay on disbursal of the salaries of all the IAS officers posted in the department.

Punjab & Haryana High Court Quashes FIR Filed Against Punjabi Singer Miss Pooja, Others For Allegedly Hurting Religious Sentiments In Music Video

Case Title: Pooja @ Gurinder Kaur Kainth and another v. State of Punjab and another

Citation: 2023 LiveLaw (PH) 105

The Punjab and Haryana High Court has quashed the FIR filed against the famous Punjabi singer Miss Pooja, actor Harish Verma and others for allegedly hurting religious sentiments by depicting Yamraj as a drunk husband in her 2018 music video 'Jeeju'.

Punjab & Haryana HC Directs State To Increase Navjot Singh Sidhu's Security If Threat Perception Is Found Genuine After Final Assessment

Case Title: Navjot Singh Sidhu v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 106

The Punjab & Haryana High Court has directed the authorities in Punjab to take note of the apprehensions expressed by Congress leader Navjot Singh Sidhu with regard to his safety and take all corrective measures including the provision of suitable security.

Punjab & Haryana High Court Grants Bail To Person Booked Under PMLA For Allegedly Defrauding Bank Of Rs 155 Crore

Case Title: Ashok Kumar Mittal v. CBI & another

Citation: 2023 LiveLaw (PH) 107

The Punjab and Haryana High Court has granted bail to a person booked in a case under Prevention of Money Laundering Act for defrauding a bank of Rs.155 Crore.

Punjab & Haryana High Court Dismisses Haryana IAS officer Vijay Dahiya's Anticipatory Bail Plea In Bribery Case

Case Title: Vijay Singh Dahiya vs State of Haryana (ACB)

Citation: 2023 LiveLaw (PH) 108

The Punjab and Haryana High Court has dismissed the petition filed by IAS officer Vijay Singh Dahiya seeking anticipatory bail in a corruption case registered by the Anti-Corruption Bureau, Panchkula.

Punjab And Haryana High Court Directs GST Dept. To Return Illegally Recovered GST Without Issuing SCN Along With 6% Interest

Case Title: M/s Samyak Metals Pvt. Ltd. Versus Union of India and others

Citation: 2023 LiveLaw (PH) 109

The Punjab and Haryana High Court has directed the GST Department to return illegally recovered GST without issuing a Show Cause Notice, along with 6% interest.

The bench of Justice Ritu Bahri and Justice Kuldeep Tiwari has observed that it is the duty of the officer to inform the taxpayers regarding the provisions of voluntary tax payment through DRC-03. However, the petitioner has deposited the amount of Rs. 35,73,147, but the officer has not issued DRC-03 till date. Neither the department has followed the provisions of Rule 142 (2) of the CGST Rules nor has it issued any notice under Section 74 (1) of the CGST Act.

Punjab & Haryana High Court Sets Aside Order Allowing 26-Yr-Old's Plea For DNA Test To Prove Her Mother's Former Live-In-Partner Is Her Father

Case Title: X v. Y

Citation: 2023 LiveLaw (PH) 110

Observing that a DNA test cannot be ordered in a manner that leads to a roving inquiry, the Punjab and Haryana High Court has set aside the order of a Family Court where in it had allowed a 26-year-old woman's application for DNA test to prove that her mother's former live-in partner is her actual father.

Punjab & Haryana High Court Upholds Dismissal Of Assistant Professor Of Kurukshetra University, Says Not Entitled To Benefit Of SC Category As Muslim

Case Title: Abid Ali v.State of Haryana and others

Citation: 2023 LiveLaw (PH) 111

The Punjab and Haryana High Court has upheld the termination of the service of an Assistant Professor of Kurukshetra University, observing that he was not entitled to be issued an SC certificate, being a person belonging to Muslim Community.

“This Court is of the opinion that even though the petitioner may not have misrepresented at the time of obtaining an SC certificates or obtained the same fraudulently, but since he claimed and was given benefit under the said certificate to which he was definitely not entitled to, he cannot be allowed to continue in service,” said the bench of Justice Jaishree Thakur.

S.36A(4) NDPS Act | Public Prosecutor's Report Mandatory For Detention Of Accused Beyond Statutory Period Of 180 Days: P&H High Court

Case Title - Chander Prakash vs. State of Haryana

Case Citation: 2023 LiveLaw (PH) 112

The Punjab and Haryana High Court recently held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, a report in this regard has to be mandatorily filed by the Public Prosecutor.

Dingerheri Rape, Murders: Punjab & Haryana High Court Rejects Bail Plea Of Accused, Says Sufficient Evidence Pointing Towards His Involvement

Case Title: Amit Yadav @ Sonu Yadav v. Central Bureau of Investigation

Citation: 2023 LiveLaw (PH) 113

Observing that there is “sufficient evidence" pointing towards his involvement in the "gruesome and horrible act”, the Punjab and Haryana High Court has rejected the bail plea of an accused in the Mewat gangrape and double murder case.

Punjab & Haryana High Court Sets Aside Order Dismissing Appeal Filed Against Decision To Try Juvenile As Adult

Case Title: X v. State of Haryana

Citation: 2023 LiveLaw (PH) 114

Observing that the court should have decided the matter on merits without going into hyper technical grounds of limitation, the Punjab and Haryana High Court has set aside the order of ASJ, Sonepat, dismissing the appeal filed against an order to try a juvenile as an adult.

Accused Can Challenge Trial Court's Rejection Of Prosecution's Application For Pardon: Punjab & Haryana High Court

Case Title: Somveer Singh v.State of Haryana and others

Citation: 2023 LiveLaw (PH) 115

The Punjab and Haryana High Court recently held that an accused has the locus standi to challenge the rejection of an application filed by prosecution under Section 306 CrPC seeking pardon.

Punjab & Haryana High Court Directs Chandigarh Admin To Allow Candidate To Apply Under Transgender Category In Online Form For Police Constable Post

Case Title: Saurav Alias Kittu Tank v. Home Secretary, UT Chandigarh & Ors

Citation: 2023 LiveLaw (PH) 116

The Punjab and Haryana High Court has issued a notice to the Chandigarh Administration on a transgender person's plea seeking directions to allow the petitioner to apply for the post of Constable (Executive) in the Union Territory under the transgender category. The plea said there was no option to apply under the transgender category.

Woman's Suicide In Matrimonial Home Doesn't Automatically Make Husband, In-Laws Liable For Harassment, Abetment: Punjab & Haryana High Court

Title:State of Haryana v. Darshan Lal and another

Citation: 2023 LiveLaw (PH) 117

Observing that a woman's suicide in matrimonial home in itself does not make her in-laws and husband liable for harassment and abetment to commit suicide, the Punjab & Haryana High Court has upheld the acquittal of accused in a 2002 abetment to suicide case.

The deceased died by suicide in 2002 in her matrimonial home allegedly due to harassment made on account of a dowry demand. The accused, who were booked on the complaint made by the woman's father, were acquitted by trial court in 2006.

Mere Apprehension Of Accused Indulging In Sale Of Contraband Is No Ground To Reject Application For Parole: Punjab & Haryana High Court

Case Title: Avdesh Kumar v.State of Punjab and others

Citation: 2023 LiveLaw (PH) 118

The Punjab & Haryana High Court has held that the application for release on parole cannot be rejected on the mere apprehension that the accused may indulge in the sale of contraband or cause a breach of peace.

“Mere apprehension of the petitioner indulging in sale of contraband or of causing breach of peace would not bring the case within the ambit of Section 6(2) of the Act (the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962) so as to enable the competent authority to reject the application for temporary release on parole,” said the division bench of Justice B.S. Walia and Justice Lalit Batra.

Punjab & Haryana High Court Acquits Daughter Accused Of Killing Father In 2003

Case Title: X v.State of Punjab

Citation: 2023 LiveLaw (PH) 119

Observing that the trial court seems to have unwittingly been "swayed by sentiment and prejudice" against the crime of patricide alleged against her, the Punjab & Haryana High Court set aside the conviction of a woman who was accused of murdering her father in 2003. The accused was 16 years and 4 months old at the time of incident

“There are suspicious features appearing in the evidence which cast doubt on their (prosecution) version. The pieces of evidence on which the prosecution chose to rest its case were so fragile that they crumbled when this Court subjected them to close and critical examination, whereby the whole super-structure collapsed. It is not the conviction of the Court of a fact, that an accused person has committed a crime, but the satisfactory evidence of it on record that an offence is proved,” said Justice Aman Chaudhary.

Once The Export Obligation Is Discharged, Customs Dept. Could Not Initiate Proceedings Against Assessee: Punjab & Haryana High Court

Case Title: Commissioner of Customs, Ludhiana Versus M/s Jindal Drugs Ltd.

Citation: 2023 LiveLaw (PH) 120

The Punjab and Haryana High Court has held that once the export obligation is discharged, the customs department cannot initiate proceedings against the assessee.

The bench of Justice Ritu Behari and Justice Manisha Batra observed that 50 MT of Coco Butter was lost during transit from the port to the factory, and this information was given to the department. But the lost quantity had been replaced by the respondent by purchasing the Cocoa Paste from the local market to fulfill its export obligation. The respondent-assessee did not claim any rebate or drawback in respect of the locally procured Coco Butter. The advance authorization has been discharged by DGFT (the licensing authority) as the export obligation has been fulfilled by the respondent.

'Has Faced Agony Of Protracted Trial': Punjab & Haryana High Court Reduces Sentence Of 70-Year-Old In 1994 Case For Adulterated Khoya

Case Title: Ram Saran v. State of Haryana

Citation: 2023 LiveLaw (PH) 121

Observing that he has faced the agony of a protracted trial for such a long time, the Punjab & Haryana High Court has reduced the sentence of the 70-year-old convict to the period already undergone by him.

In the 1994 case, Ram Saran was convicted in 2007 under the Prevention of Food Adulteration Act, 1954 for adulterating 'khoya'.

Justice Deepak Gupta said, “Offence was committed way back in December, 1994, i.e., more than 28 years back and this way, petitioner has faced agony of protracted trial for such a long time. Even if he remained bail during all this period except for a short period, the demon of his conviction was hanging on his head.”

Foodgrain Scam: Punjab & Haryana High Court Grants Bail To Former Minister Bharat Bhushan Ashu's 'PA

Case Title: Pankaj Kumar @ Meenu Malhotra v. State of Punjab

Citation: 2023 LiveLaw (PH) 122

The Punjab and Haryana High Court granted bail to Pankaj Kumar @ Meenu Malhotra, the alleged PA to former minister Bharat Bhushan Ashu. Kumar is one of the accused in the Food Grain Scam that took place during the minister's tenure in 2020-21.

He was booked under the Prevention of Corruption Act, 1988, on allegations of receiving bribes through his conduits to compromise the tender for food procurement and transportation, as well as its quality and conditions.

Punjab & Haryana High Court Grants Regular Bail To Afghan Residents Who Overstayed Visa

Case Title: Mohammad Rahim Ashori and others v. State of Haryana

Citation: 2023 LiveLaw (PH) 123

Observing that the trial is progressing at a slow pace, the Punjab & Haryana High Court has granted bail to three Afghan residents who overstayed after the expiry of their visas and passports. The accused persons had already been in custody for over two years.

“It is not a case that the petitioners were indulging in any illegal activities or commission of crime and they are being prosecuted for over staying in India after expiry of their passport and visa,” said Justice Manoj Bajaj.

Punjab & Haryana High Court Quashes FIR Filed Against Colors TV, Others For 'Hurting Sentiments' Of Valmiki Community In 'Ram Siya Ke Luv Kush

Case Title: Rahul Kumar Tewary and others v. State of Punjab and another

Citation: 2023 LiveLaw (PH) 124

The Punjab & Haryana High Court has quashed the FIR filed in 2019 against Colors TV and the actors and producers of the show 'Ram Siya Ke Luv Kush' for allegedly portraying a wrong image of Bhagwan Valmiki and hurting religious sentiments of the community.

The court took note of the order passed in October 2019, wherein the ban on the show was set aside after the producers provided the requisite undertaking to take “corrective measures.”

Punjab & Haryana High Court Refuses To Grant Bail To Army Man Accused Of Sending Information About Military Stations To Co-Accused With Pak Links

Case Title: Harpreet Singh @ Happy v. State of Punjab

Citation: 2023 LiveLaw (PH) 125

The Punjab & Haryana High Court has refused to grant regular bail to an Army personnel Harpreet Singh, who is accused of providing secret information and documents to a co-accused, who was apprehended allegedly with 70 grams of heroin in 2021.

The bench of Justice Manjari Nehru Kaul said, “Prima facie there are very grave, serious and specific allegations against the petitioner of having supplied critical information and photographs pertaining to various army installations to the co-accused who in turn supplied it to Pakistan for which they all received money.”

Punjab & Haryana High Court Dismisses Plea Challenging Gurgaon Court's Order To Remove Stray Dogs From Court Premises, Says 'Not Maintainable'

Case Title: Saptarshi Ray v. Municipal Corporation of Gurugram and others

Citation: 2023 LiveLaw (PH) 126

The Punjab & Haryana High Court has dismissed the plea challenging Gurgaon court's direction to remove stray dogs from the court premises within a period of 15 days from the date of passing of the order.

The bench of Justice Rajesh Bhardwaj said, “the petitioner has failed to show their locus standi in the absence of being a party to the said civil suit in which the impugned order has been passed.”

Punjab & Haryana High Court Directs State To Regularize Clerk After Over 30 Years Of Service

Case Title: Pushpa Devi v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 127

The Punjab & Haryana High Court has directed the State to regularise the services of a clerk in the Water Supply and Sanitation Department, in accordance with a 2011 Punjab Government circular.

Under the circular, it was decided that services of daily wage or work charge employees with 10 years of service as of December 2006, can be considered for regularisation. However, the petitioner, who was initially appointed in November 1996, was denied the benefit as her service was not continuous due to her wrongful removal from service in 1997. She was later ordered to be reinstated by the Labour Court.

Adulterated Sanitizers: Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused, Says 'Played With Lives Of People For Their Personal Gain'

Case Title: Sunita Dhawan & Anr. V. UOI

Citation: 2023 LiveLaw (PH) 128

The Punjab & Haryana High Court has refused to grant anticipatory bail to two persons who are alleged to have been involved in manufacturing, sale and distributing hand sanitizer, which was found to be not of standard quality by a Government Analyst.

The bench of Justice Sandeep Moudgil said it is clear that the product was launched without proper testing only to earn huge profits during the time of crisis when people were scared due to onset of Covid-19 pandemic.

Faridabad Student Suicide: Punjab & Haryana High Court Refuses To Quash FIR Against Principal Who Allegedly Failed To Report Homophobic Harassment

Case Title: Surjeet Khanna v. State of Haryana and another

Citation: 2023 LiveLaw (PH) 129

The Punjab & Haryana High Court has refused to quash the FIR lodged against a Faridabad school's principal who allegedly failed to act on a student's complaints alleging homophobic bullying, leading him to commit suicide in 2022.

“The occurrence in question preceded the alleged homophobic and transphobic bullying by the peers of the deceased child. The email was sent by the complainant to the petitioner on 23.09.2021 and due to the inaction on the part of the petition, the child committed suicide on 24.02.2022. Thus, the petitioner cannot plead excuses for not reporting the matter to the police for nearly five months,” observed the bench of Justice Harnaresh Singh Gill.

'Contraband Sent In Unsealed Condition To Malkhana After Examination At FSL': Punjab & Haryana HC Acquits Man Sentenced To 10 Years Jail In NDPS Case

Case Title: Gurjinder Singh @ Ginda v. State of Punjab

Citation: 2023 LiveLaw (PH) 130

The Punjab & Haryana High Court has acquitted a man convicted under Section 22(c) of the NDPS Act, on the ground that after examining the contraband, the chemical examiner at the Forensic Science Laboratory (FSL) failed to "re-enclose" it inside the cloth parcels and emboss the seals of the FSL on it.

Gurinder Singh was allegedly caught with 372 grams of heroin and convicted under Section 22(c) of the NDPS Act in 2019. He was sentenced to undergo rigorous imprisonment for a period of ten years by Special Court, Shaheed Bhagat Singh Nagar, Punjab.

Security To Be Provided If Threat Perception Genuine But Don't Attend Weddings, Parties: Punjab & Haryana High Court To Hindu Outfit Leader

Case Title: Arvind Kumar Sharma v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 131

The Punjab & Haryana High Court has directed the Punjab Police to provide security to Arvind Kumar Sharma, who claims to be a senior BJP leader and National President of Hindu Shakti Sangathan, in case he has "any genuine threat perception", on the condition that he will not attend any public functions like wedding or parties during such threat perception.

Sharma in the petition claimed to have received a threatening letter from Khalistan Liberation Force. While the State said Sharma is seeking security only to flaunt his profile, Justice Anoop Chitkara in the order said that in case he feels any genuine threat perception, he may approach the concerned Superintendent of Police who shall provide security to him on day to day basis.

Notice U/S 41-A CrPC Not Issued, Punjab & Haryana High Court Grants Bail To Accused In Case Alleging Forgery Of AAP MLA's Signatures On Sale Deeds

Case Title: Ram Baksh @ Ramu v. State of Punjab

Citation: 2023 LiveLaw (PH) 132

The Punjab & Haryana High Court has granted bail to a man in a case alleging forgery of AAP MLA's signature on sale deeds, on the ground that the mandatory requirement of giving notice before arrest under Section 41-A CrPC, as laid down in the Arnesh Kumar judgment, to the accused in cases where offences are punishable for seven years or less, was not complied with by the Police.

According to Section 41-A CrPC, the police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41 issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

Passport May Be Issued If 5 Years Have Elapsed After Conviction, Even If Appeal Is Pending: Punjab & Haryana High Court

Case Title: Mohan Lal @ Mohan v. UOI and all connected matters

Citation: 2023 LiveLaw (PH) 133

The Punjab & Haryana High Court has held that the bar for not issuing a passport will not apply to the person convicted of an offence for not less than 2 years, after the passing of 5 years of conviction, even if the appeal is pending.

“It is well known fact that conclusion of trial in India takes quite long time. Passing of 5 years period post-conviction, primarily though not absolutely, makes possibility of the applicant to flee from justice abysmally low,” said Justice Jagmohan Bansal.

'There Can Be No Leniency While Dealing With Bail Petitions Of Cyber Thugs': Punjab & Haryana High Court

Case Title: Gurmeet Singh v. State of Punjab

Citation: 2023 LiveLaw (PH) 134

The Punjab & Haryana High Court has rejected the pre-arrest bail plea of a man in a case related to the hacking of computers of a centre where online examinations for recruitment to various departments were conducted.

Justice Anoop Chitkara said the allegations against the petitioner and co-accused are grave and the evidence collected so far points to the petitioner's involvement in the case.

High Court Directs Punjab Police SI To Pay Compensation of Rs 10,000 To Accused For Lodging Drugs Case 'Without Any Basis'

Case Title: Pushpinder Kumar alias Pushpinder Singh alias Tinku v. State of Punjab

Citation: 2023 LiveLaw (PH) 135

The Punjab & Haryana High Court has directed a Punjab Police official, who got an FIR registered under under Narcotic Drugs and Psychotropic Substances Act “without any basis”, to pay compensation of Rs.10,000 to the accused.

“Since the FIR has been got registered even before creating a basis for that, and due to the FIR, the petitioner has been put to the harassment and expenses, therefore, the person, who got the said FIR registered against the petitioner without any basis is directed to pay a compensation of Rs.10,000/- to the petitioner within a period of four weeks from today,” said the bench of Justice Rajbir Sehrawat.

Punjab & Haryana High Court Acquits Three Men In 2007 NDPS Case, Over 9 Years After Conviction

Case Title: Arjun Singh @ Marra and another v. State of Punjab

Citation: 2023 LiveLaw (PH) 136

The Punjab & Haryana High has acquitted three persons in a case under the Narcotic Drugs & Psychotropic Substances Act, observing that there were gaping holes and inadequacies in prosecution evidence.

In the case registered in August 2007, the three accused were convicted and sentenced to 10 years imprisonment by the trial court in February 2014.

Child In Conflict With Law Can't Be Denied Benefit Of Bail U/S 12 Of JJ Act Even When Ordered To Be Tried As Adult: Punjab & Haryana High Court

Case Title: X v. State of Haryana

Citation: 2023 LiveLaw (PH) 137

The Punjab & Haryana High Court has held that even when a juvenile is tried as an adult in case of allegation of heinous crime, the benefit of bail under Section 12 of the Juvenile Justice Act cannot be denied to him.

“No doubt, the appellant/CCL was directed to be tried like an adult, but still he remains a juvenile in conflict with law and can never be denied the benefit of Section 12 of the Act,” said Justice N.S. Shekhawat, while dealing with the bail plea of a juvenile.

'Keep Only One Prepaid Mobile Number Till Conclusion Of Trial': P&H High Court's Bail Condition For 'Stalking' Accused

Case title - Arjun Sain vs. State of U.T (Chandigarh) [CRM-M-29089-2023]

Case Citation: 2023 LiveLaw (PH) 139

While granting bail to an accused of the offence of 'Stalking' (Section 354D IPC), the Punjab and Haryana High Court recently imposed a bail condition on him that within 15 days from release from prison, the petitioner is directed not to keep more than one 'prepaid' SIM/mobile phone number, till the conclusion of the trial.

However, the restriction put by the Court is only on prepaid SIMs [mobile numbers] and not on post-paid connections or landline numbers owned by the Accused.

P&H High Court Grants Bail To 23 Y/O Student Accused Of Funding & Supplying Arms, Ammunition To Separatists At ISI's Instance

Case title - Gurlal Singh @ Lali vs. State of Punjab [CRM-M-9325-2023 (O&M)]

Case Citation: 2023 LiveLaw (PH) 140

The Punjab and Haryana High Court recently granted bail to a 23-year-old student who has been accused of funding and supplying arms and ammunition to separatists at the instance of the Pakistani Agency ISI so as to target the leaders of religious organizations and political leaders to disturb peace and tranquillity in Punjab.

The bench of Justice Arun Monga noted that no useful purpose would be served to keep the petitioner (Gurlal Singh @ Lali), who was apprehended at the airport when he was leaving India last year in August, in further preventive custody.

Insufficient Evidence To Link Accused To Death Of Deceased Found In His Premises: Punjab & Haryana High Court Acquits Murder Convict

Case Title: Dinesh Kumar v. State of Haryana

Citation: 2023 LiveLaw (PH) 141

The Punjab & Haryana High Court recently acquitted a murder convict sentenced to life imprisonment in 2019, on the ground of lack of sufficient evidence. The deceased was found dead in the premises of one Dinesh who was accused of kidnapping him for extorting land and money from his father.

The bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, “when no candid material exist(s) on record, thus suggestive about the cause of demise of the deceased, thus irrespective of the fact that the body of the deceased was found in the premises of the convict-appellant. Resultantly, rather no conclusion can be made that the convict-appellant had any incriminatory role as such in the demise of the deceased.”

Reusing E-way Bills Demonstrates Intention Of Tax Evasion: Punjab And Haryana High Court Upholds Penalty Against Transporter

Case Title: M/s Bright Road Logistics Versus State of Haryana and Others

Citation: 2023 LiveLaw (PH) 142

The Punjab and Haryana High Court has upheld the penalty against the transporter and ruled that reusing e-way bills demonstrates the intention of tax evasion.

The bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan has observed that the 'intention to evade payment of tax' is an essential ingredient for initiating proceedings against a person under Section 130. The transporter had tried to reuse the e-way bills and the tax invoices; as such, the intention to evade the payment of tax is impliedly proven on record.

P&H High Court Grants Anticipatory Bail To Actor-Comedian Khyali In FIR Over His Alleged Remarks Against Maharishi Valmiki

Case title - Khyali Ram vs. State of Punjab [CRM M - 39814-2023]

Case Citation: 2023 LiveLaw (PH) 143

On Wednesday, the Punjab and Haryana High Court granted anticipatory bail to actor-comedian Khyali Ram in an FIR lodged against him for his alleged derogatory words against Maharishi Valmiki.

The bench of Justice Rajbir Sehrawat granted him bail on the condition that he shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.

Article 21 Doesn't Cease If People Of Same Gender Decide To Live Together: P&H High Court Grants Protection To Lesbian Couple

Case title - Pooja and another vs. State of Punjab and others [CRWP No.8041 of 2023]

Case Citation: 2023 LiveLaw (PH) 144

Observing that Article 21 of the Constitution of India does not cease to apply when people of the same gender decide to live together, the Punjab and Haryana High Court today granted police protection to a same-sex live-in couple.

The bench of Justice Anoop Chitkara passed this order while dealing with a protection plea filed by a major lesbian couple who have been staying together in a live-in relationship for the last four years.

Change In Bench Composition After Conviction But Prior To Sentencing No Ground To Seek Fresh Hearing: Punjab & Haryana High Court

Case Title: Sheela Vs. Brahamjit and others

Citation: 2023 LiveLaw (PH) 145

The Punjab & Haryana High Court recently held that a fresh hearing is not required when the composition of the bench changes after conviction order, especially when no prejudice is caused to the parties.

The bench of Justice Lisa Gill and Justice Archana Puri clarified that the retirement of one judge from the bench does not invalidate the prior decision.

“It would indeed be a travesty of justice to hold that appeals should be heard afresh while ignoring decision dated 29.01.2020 even while we feel no necessity thereof, before sentencing the respondents or that decision dated 29.01.2020 whereby the respondents have been convicted should be set to naught merely because one of the Members of the Bench delivering the decision, has demitted office on superannuation.”

Lack Of Parental Control Over Juvenile Being Out Late At Night Not A Valid Ground To Reject Bail: Punjab & Haryana High Court

Case Title: S through her mother K v. State of Haryana

Citation: 2023 LiveLaw (PH) 146

The Punjab and Haryana High Court recently held that the argument that the parents of the juvenile who is accused of a heinous crime do not have control over her as she was out of home at odd hours, cannot be a valid ground to reject bail.

Justice Deepak Gupta thus released the petitioner on bail citing that the lower court had erred in dismissing her bail application.

“The declining of bail by the Courts below to the petitioner juvenile 'S' is not justified by observing that parents of the petitioner do not have control over her as she was out of home at odd hours. This in itself cannot be a reason to conclude that her release was likely to expose her moral or physical danger.”

Punjab & Haryana High Court Imposes ₹10K Cost On Live-In Couple For Seeking Protection Without Threat

Case Title: X v. State of Haryana

Citation: 2023 LiveLaw (PH) 147

The Punjab & Haryana High Court recently imposed a cost of Rs.10,000 on a live-in couple for filing a plea for protection without any perceived threat against them.

Justice Alok Jain clarified that previously informed the petitioners on the very first hearing that a cost of Rs.50,00 will be imposed if no threat perception was found.

"It was made clear on the very first date that, in case, it is found that there is no threat perception to the petitioners, the petitioners will be burdened with the cost of at least Rs. 50,000/-. However, today learned counsel for the petitioners prays for withdrawal of the present petition and also for reduction of cost. Accordingly, the present petition stands dismissed, subject to payment of cost of Rs.10,000/- to be deposited by the petitioners jointly within one month from today.”

Punjab & Haryana High Court Grants Police Protection To Caretaker Of Mosque Allegedly Vandalised During Nuh-Gurugram Violence

Case Title: Rasid v. State of Haryana & Ors.

Citation: 2023 LiveLaw (PH) 148

The Punjab & Haryana High Court on Tuesday granted temporary police protection to the caretaker of a mosque which was allegedly vandalised by a mob during Nuh violence.

Justice Anoop Chitkara granted the protection for fifteen days considering the potential gravity of the situation but clarified that the order does not imply a decision on the merits of the case.

“If the allegations of apprehension of threat to life turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to the petitioner for fifteen days from today.”

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders

Case Title: Rajwinder Singh v. State of Punjab and others

Citation: 2023 LiveLaw (PH) 149

In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act (RTI) have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.

Justice Vikas Bahl thus directed authorities handling appeals under the Right to Information (RTI) Act to provide clear and reasoned orders while adjudicating cases.

Ensure That Offices, Educational Institutions Don't Insist On Father's Name Of Rape Victim's Child: Punjab & Haryana High Court To State

Case title: X v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 150

The Punjab and Haryana High Court has directed the State governments to ensure that offices, especially all educational institutions, do not insist on disclosure of fathers' name of the child of a rape victim.

The direction was made on a suggestion put forth by Amicus Curiae Tanu Bedi in a matter regarding welfare and rehabilitation of rape victims and children born from such offence.