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Punjab & Haryana High Court Half Yearly Digest: January to June 2023 [Citation 1 - 117]
Aiman J. Chishti
4 Aug 2023 1:17 PM IST
![Punjab & Haryana High Court Half Yearly Digest: January to June 2023 [Citation 1 - 117]](https://www.livelaw.in/h-upload/2023/08/04/750x450_484534-punjab-and-haryana-hc-half-yearly-digest-2023.webp "Punjab & Haryana High Court Half Yearly Digest: January to June 2023 [Citation 1 - 117]")
Nominal IndexM/s Simplex Infrastructure Ltd. & Anr. versus M/s J.P. Singla Engineers and Contractor 2023 LiveLaw (PH) 1Jagjit Singh @ Jaggi v. State of Punjab 2023 LiveLaw (PH) 2Sandeep Singh Sandhu vs. State of Punjab along with connected matters 2023 LiveLaw (PH) 3M/s. G.D. Goenka School v. Parveen Singh Shekhawat and Others and M/s. G.D. Goenka School v. Ajay Singh Shekhawat and Other...
Nominal Index
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
Reports
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’.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.”
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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”.
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.
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.
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.
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".
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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'.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
