Punjab & Haryana High Court Monthly Digest: November 2024

NOMINAL INDEX [Citations 319 - 372]

MANGAL KUMAR DAWAR V/S STATE OF PUNJAB AND ORS  2024 LiveLaw (PH) 319

Sangeet Pal Singh v. State of Punjab and another 2024 LiveLaw (PH) 320

Hemant Bhagar and Ors v. Prekshi Sood Bhagat [along with connected matter 2024 LiveLaw (PH) 321

Kala Singh v. Union of India and Others 2024 LiveLaw (PH) 322

Jaswant Singh v. ED 2024 LiveLaw (PH) 323

Jarnail Singh Bajwa v. State of Punjab 2024 LiveLaw (PH) 324

X v Y 2024 LiveLaw (PH) 325

Jaswant Singh v. Directorate of Enforcement 2024 LiveLaw (PH) 326

U.T. Powermen Union, Chandigarh v. Union of India and Others 2024 LiveLaw (PH) 327

State of Haryana v. Suresh Kumar and others 2024 LiveLaw (PH) 328

SWARUP PARKASH v. PRESIDING OFFICER, LABOUR INDUSTRIAL TRIBUNAL, CHANDIGARH AND OTHERS 2024 LiveLaw (PH) 329

XXX v. XXX 2024 LiveLaw (PH) 330

Sikandar Singh v. State of Punjab and another 2024 LiveLaw (PH) 331

XXXXX v. State of Haryana [CRA-D-280-DB-2011 (O&M] 2024 LiveLaw (PH) 332

DEVENDER @ SACHIN V/S STATE OF HARYANA 2024 LiveLaw (PH) 323

Jagjeet Singh and others v. State of Punjab and others [along with connected matters] 2024 LiveLaw (PH) 334

AXXXX v. XXXXX [CRR(F)-1468-2023 (O&M] 2024 LiveLaw (PH) 335

Union of India and Others v. Ex. Hav Chhabil Dass 2024 LiveLaw (PH) 336

Courts on its own motion v. Sandeep & Ors. 2024 LiveLaw (PH) 337

Simarpreet Kaur v. State of Punjab and others 2024 LiveLaw (PH) 338

PXXXX v. XXXX 2024 LiveLaw (PH) 339

T.V.S.N. Prasad and others v. Resham Singh 2024 LiveLaw (PH) 341 2024 LiveLaw (PH) 342

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was Colonel Jagpreet Singh Bakshi and Another v. Union of India and Others 2024 LiveLaw (PH) 343

Rakesh Das v. State of Haryana and another [along with other connected matters] 2024 Abhilaksh Sachdev and another v. State of Haryana and others 2024 LiveLaw (PH) 345

DILBAG SINGH @ DILBAG SANDHU v. UNION OF INDIA AND OTHERS 2024 LiveLaw (PH) 346

XXXXX v. XXXXXX 2024 LiveLaw (PH) 347

STATE OF PUNJAB AND OTHERS v. UJALJIT SINGH (SINCE DECEASED) THROUGH LRs. 2024 LiveLaw (PH) 348

The Punjab & Haryana High Court has said that the service rendered during First Emergency Sukhpreet Singh v. State of Punjab and others 2024 LiveLaw (PH) 349

XXX v. XXX 2024 LiveLaw (PH) 351

XXXX v. PU 2024 LiveLaw (PH) 352

Karishma v. State of Haryana and others 2024 LiveLaw (PH) 353

Joginder Thakur v. Union of India 2024 LiveLaw (PH) 354

Som Nath Jagat v. State of Haryana 2024 LiveLaw (PH) 355

Kuldeep Singh @ Keepa and another v. State of Punjab 2024 LiveLaw (PH) 356

Balwant Singh v. Directorate of Enforcement 2024 LiveLaw (PH) 357

Devender Sharma v. State of Haryana and others 2024 LiveLaw (PH) 358

KAMIKAR SINGH AND ANOTHER v. STATE OF PUNJAB AND ORS. [other related petitions] 2024 LiveLaw (PH) 359

Devinder Singh Gill v. State of Punjab 2024 LiveLaw (PH) 360

Bhupinder Singh v. State of Punjab 2024 LiveLaw (PH) 361

Satish Kumar v. State of Haryana and others 2024 LiveLaw (PH) 362

Pawan Kumar v. State of Haryana and others 2024 LiveLaw (PH) 363

XXX v. XXX 2024 LiveLaw (PH) 364

GRAM PANCHAYAT OF VILLAGE BUDHO PUNDHER v. PUNJAB WAKF BOARD AND ORS. 2024 LiveLaw (PH) 365

RAMEEZ RAJA v. STATE OF PUNJAB 2024 LiveLaw (PH) 366

Court on its own motion v. UT Chandigarh and others. 2024 LiveLaw (PH) 367

XXXX v. XXXX 2024 LiveLaw (PH) 368

XXX v. XXX 2024 LiveLaw (PH) 370

Balwan Singh v. State of Haryana 2024 LiveLaw (PH) 371

UNION OF INDIA AND ORS. v. EX HAV JARNAIL SINGH AND ANR: 2024 LiveLaw (PH) 372

REPORTS

“Detainee Awaited At Home For Diwali”: Punjab & Haryana HC Grants Bail To Mother-Son Duo Allegedly Illegally Detained In Fraud Case

Title: MANGAL KUMAR DAWAR V/S STATE OF PUNJAB AND ORS

Citation: 2024 LiveLaw (PH) 319

The Punjab & Haryana High Court has granted bail in an alleged fraud case where a mother and son was allegedly illegally detained.

The court added that the plea was preponed to October 31st, considering the fact that due the festival of Diwali, the presence of the accused at their home was awaited.

It was alleged that a sitting AIG is relative of the complainant and the police party, who is hand in glove with the complainant's family converted the civil dispute into criminal matter.

Punjab & Haryana High Court Reinstates Civil Judge Expelled From Service For Allegedly Abusing Court Staff

Title: Sangeet Pal Singh v. State of Punjab and another

Citation: 2024 LiveLaw (PH) 320

The Punjab & Haryana High Court has reinstated an Additional Civil Judge of Punjab, who was expelled from service in 2015 for allegedly abusing Ahlmad posted in his Court. The Judicial Officer was also charged for acting arbitrarily by not forwarding Ahlmad's appeal seeking promotion.

Justice Sureshwar Thakur and Justice Sudeepti Sharma found that the testimonies of the Court staff recorded by the enquiry officer for proving charge was not sufficient to prove that that the judicial officer used abusive and derogatory words against the Ahlmad.

Court Can Exercise Inherent Powers U/S 482 CrPC In Domestic Violence Proceedings: Punjab & Haryana High Court

Title: Hemant Bhagar and Ors v. Prekshi Sood Bhagat [along with connected matter]

Citation: 2024 LiveLaw (PH) 321

The Punjab & Haryana High Court has made it clear that the Court can exercise its inherent power under Section 482 CrPC on proceedings under the Domestic Violence (DV) Act.

Chief Justice Sheel Nagu and Justice Pankaj Jain said, "The scheme of the Act of 2005 (Domestic Violence Act) provides that all proceedings under Section 12 of the Act of 2005 are to be governed by the provisions of the Code of Criminal Procedure, 1973 and thus it is not possible to hold that Section 482 Cr.P.C. would not be applicable to the proceedings arising out of complaints filed under the Act of 2005."

Relationship Between Army Person's Disease & Service Rendered Needs To Be Established To Claim Disability Pension: Punjab & Haryana High Court

Title: Kala Singh v. Union of India and Others

Citation: 2024 LiveLaw (PH) 322

While directing to grant disability pension to an army officer, the Punjab & Haryana High Court said that the "causal nexus" between the disability and the service rendered by him in the military service, needs to be established.

Punjab & Haryana High Court Grants Bail To AAP MLA Jaswant Singh In Money Laundering Case

Title: Jaswant Singh v. ED

Citation: 2024 LiveLaw (PH) 323

The Punjab & Haryana High Court on Monday granted bail to Aam Admi Party (AAP) MLA Jaswant Singh in money laundering case. Singh is an MLA from Punjab's Amargarh constituency and was arrested by ED in November, 2023.

Jaswant Singh was booked under PMLA for allegedly being a director and guarantor of a company M/s TCL, which had obtained loan and credit facilities of over Rs.46 crores.

If Cheque Bounce Complaint Is Withdrawn, Continuing Proclamation Proceedings U/S 174A IPC Is Abuse Of Power: Punjab & Haryana High Court

Title: Jarnail Singh Bajwa v. State of Punjab

Citation: 2024 LiveLaw (PH) 324

The Punjab & Haryana High Court has reiterated that once the main petition of cheque bounce case under Section 138 of the Negotiable Instrument Act stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A IPC is nothing but an abuse of the process of law.

Father Not Absolved From Providing Maintenance For Child Even If Mother Is Working: Punjab & Haryana High Court

Case Title: X v Y

Citation: 2024 LiveLaw (PH) 325

While hearing a challenging to an interim maintenance order, the Punjab and Haryana High Court observed that even if mother is working and earning sufficiently, it would not automatically mean that the father is absolved of his responsibility to provide sustenance for his children.

PMLA | Bail Can Be Granted To Accused If Trial Is Not Likely To Be Concluded In Near Future: Punjab & Haryana High Court

Title: Jaswant Singh v. Directorate of Enforcement

Citation: 2024 LiveLaw (PH) 326

The Punjab & Haryana High Court has said that bail can be granted to the accused under the Prevention of Money Laundering Act, 2002 (PMLA) if the trial is not likely to be concluded soon if the circumstances so warrant.

These observations were made while granting bail to Aam Admi Party (AAP) MLA Jaswant Singh in a money laundering case.

Punjab & Haryana High Court Upholds Policy To Privatise Electricity In Chandigarh

Title: U.T. Powermen Union, Chandigarh v. Union of India and Others

Citation: 2024 LiveLaw (PH) 327

The Punjab & Haryana High Court today upheld the Chandigarh U.T. Administration policy to privatise distribution of electricity in Chandigarh. Notice inviting the bids for purchase of 100% shares in the distribution company from the interested entities was issued in 2020.

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case

Title: State of Haryana v. Suresh Kumar and others 

Citation: 2024 LiveLaw (PH) 328

The Punjab & Haryana High Court has convicted three formers army officers and another in a 1998 murder case, wherein they shot a man dead in Haryana's Sonepat. The Court while overturning the trial court's decision of acquittal granted to the convicts, rejected the plea of alibi taken by the army officers.

The Trial Court had accepted Army records and officer statements that all the three convicts namely Captain Anand, along with Yudhvir Singh and Raj Kumar, in Roorkee on the day of the crime.

Principle Of Res Judicata Bars Second Reference To Labor Court, After Adjudication: Punjab & Haryana High Court

SWARUP PARKASH v. PRESIDING OFFICER, LABOUR INDUSTRIAL TRIBUNAL, CHANDIGARH AND OTHERS

Citation: 2024 LiveLaw (PH) 329

Punjab and Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal dismissed multiple writ petitions challenging the Labor Court's award, affirming that payment of differential wages under the Minimum Wages Act does not create a fresh cause of action to override the principle of res judicata in labor disputes. The case involved contract workers seeking regularization at the Government Medical College and Hospital (GMCH), Chandigarh.

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 330

The Punjab and Haryana High Court has set aside a conviction and sentencing order along with the FIR in a bigamy case, on account of compromise entered between the parties.

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Title: Sikandar Singh v. State of Punjab and another

Citation: 2024 LiveLaw (PH) 331

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

Title: XXXXX v. State of Haryana [CRA-D-280-DB-2011 (O&M]

Citation: 2024 LiveLaw (PH) 332

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused."

Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe punitive measures. Courts must heed society's urgent call for justice, especially in cases involving the heinous crime of rape against innocent and vulnerable young girls. Such conduct by the convicts cannot be treated with leniency, especially given the rising incidents of crimes against children and the unimaginable trauma that the victim will endure for the rest of her life."

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

Title: DEVENDER @ SACHIN V/S STATE OF HARYANA

Citation: 2024 LiveLaw (PH) 323

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court.

Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions Judge, Hisar, has conducted himself. We find that learned Judge has proceeded with an assumption that the statement made under Section 161 Cr. P.C. before the police is the truthful statement and the statement made in the Court is a false evidence and also proceeds to impose punishment on the concerned witness."

Improper To Say Selection Process Was Vitiated When Paper Wasn't Leaked Or Without Any Deficit In Academic Standard Of Exam: Punjab & Haryana HC

Title: Jagjeet Singh and others v. State of Punjab and others [along with connected matters]

Citation: 2024 LiveLaw (PH) 334

The Punjab & Haryana High Court has upheld the recruitment process for 1,091 assistant professors and 67 librarians in Punjab Government colleges. The Court set aside the order of the Single Judge, whereby the selection process was quashed in 2022.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "It was completely inapt for the learned Single Judge to conclude that the selection process was vitiated, besides also the same has been made on mere surmises and conjectures, and/or it has been merely founded upon unfounded suspicion, even when there was no paper leakage, nor there was any material suggestive, that the academic standard setforth in the examination were deficit in any account, thus to only favourably endow advantage to the successful candidates."

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench

Title: AXXXX v. XXXXX [CRR(F)-1468-2023 (O&M]

Citation: 2024 LiveLaw (PH) 335

The Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached.

Justice Harpreet Singh Brar explained that neither the maintenance allowance granted to the wife or minor children can be considered to be a 'debt' nor the wife or minor children can be considered to be 'creditors', by any stretch of imagination.

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001

Title: Union of India and Others v. Ex. Hav Chhabil Dass

Citation: 2024 LiveLaw (PH) 336

The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.

The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of pension at 50% as per the Union Government Notification is termed as ""broad-banding" of disability pension.

Punjab & Haryana High Court Closes Contempt Case Against 274 Followers Of Self-Styled Godman Rampal For Criticising Judge

Title: Courts on its own motion v. Sandeep & Ors.

Citation: 2024 LiveLaw (PH) 337

The Punjab & Haryana High Court has accepted unconditional apology of over 274 followers of self-styled godman Sant Rampal in a suo motu proceeding initiated in 2019.

In 2019, a letter along with a book titled 'Black Spot on Judiciary, Judge D.R. Chalia' was sent to a High Court judge, with the note that it is published by Rampal's follower and the same was signed by 274 people.

State Election Commission Cannot Cancel Pending Election, Any Irregularity Can Be Decided Only By Tribunal: Punjab & Haryana High Court

Title: Simarpreet Kaur v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 338

The Punjab & Haryana High Court has said the State Election Commission cannot cancel pending elections and any irregularities alleged during the progress of the election process can be adjudicated only by the Tribunal.

Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs

Title: PXXXX v. XXXX

Citation: 2024 LiveLaw (PH) 339

The Punjab and Haryana High Court has issued directions to Director Generals of Police for the States of Punjab and Haryana as well as Union Territory of Chandigarh to issue necessary instructions for scrupulous compliance of Section 193(3) of BNSS (erstwhile Section 173(3) of Cr.P.C.) by the Investigating Officers.

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea

Title: XXXX v. XXXX\

Citation: 2024 LiveLaw (PH) 340

The State has to be accorded some latitude while considering the plea for condonation of delay filed by the State but the same cannot be stretched to an extent that the limitation Act is rendered otiose, said the Punjab & Haryana High Court while refusing to condone delay of 174 days in filing the revision plea.

Justice Sumeet Goel was hearing plea filed by UT Chandigarh seeking condonation of delay of 173 days in filing the revision against acquittal order passed by the Juvenile Justice Board.

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Title: T.V.S.N. Prasad and others v. Resham Singh

Citation: 2024 LiveLaw (PH) 341

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

XXXXX v. State of Haryana

Citation: 2024 LiveLaw (PH) 342

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.

Deciding Case On Merit After Rejecting Plea As Non-Maintainable Is "Material Impropriety": Punjab & Haryana High Court

Title: Colonel Jagpreet Singh Bakshi and Another v. Union of India and Others

Citation: 2024 LiveLaw (PH) 343

The Punjab & Haryana High Court has said that deciding the case on merit after rejecting the plea on maintainability is "gross material impropriety."

The development came while hearing the petition challenging AFT's decision whereby it rejected the plea on maintainability. The High Court while holding that the plea was maintainable, remanded the case back to AFT for fresh decision on merits.

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC

Title: Rakesh Das v. State of Haryana and another [along with other connected matters]

Citation: 2024 LiveLaw (PH) 344

The Punjab and Haryana High Court has said that partial compromise with some accused in a criminal case, where there are multiple accused persons, cannot be allowed. A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "To ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, thereupons the Courts are required to be not accepting any piecemeal settlements, rather are required to be rejecting piecemeal settlements, nor they are required to be making piecemeal orders for the composition of offence."

District Magistrate, SSP Will Be Personally Liable If Directions To Curb Noise Pollution Not Followed: Punjab & Haryana High Court Reiterates

Title: Abhilaksh Sachdev and another v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 345

The Punjab & Haryana High Court has reiterated that the District Magistrate and the Superintendent of Police will be held personally liable if the authorities fail to ensure due compliance of the directions issued by it in 2019 to curb Noise Pollution.

Punjab & Haryana High Court Dismisses Ex-MLA Dilbag Singh's Plea Challenging ED's Provisional Attachment Order In Illegal Mining Case

Title: DILBAG SINGH @ DILBAG SANDHU v. UNION OF INDIA AND OTHERS

Citation: 2024 LiveLaw (PH) 346

The Punjab and Haryana High Court has dismissed a plea filed by Indian National Lok Dal's former MLA Dilbagh Singh and others, challenging the Provisional Attachment Order (PAO) passed by the Enforcement Directorate in connection with money laundering allegations in an illegal mining case.

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Title: SXXXXX v. XXXXXX

Citation: 2024 LiveLaw (PH) 347

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites strict action under the law.

Service By Ex-Serviceman During First National Emergency Can Be Counted For Pensionary Benefit For Govt Post Even After 1 Yr Of Discharge: P&H HC

Title: STATE OF PUNJAB AND OTHERS v. UJALJIT SINGH (SINCE DECEASED) THROUGH LRs.

Citation: 2024 LiveLaw (PH) 348

The Punjab & Haryana High Court has said that the service rendered during First Emergency by the Ex-Servicemen will be counted for the pensionary benefits arising from the Government post which is joined later even beyond one year of service if the post reserved for Ex-Servicemen is not advertised within stipulated time.

High Court Imposes Rs.1 Lakh Cost On Punjab PWD Secretary For Illegally Depriving Employee Of Promotion

Title: Sukhpreet Singh v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 349

The Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on the Punjab Public Works Department's Secretary for illegally depriving a Sub Divisional Engineer of promotion to the post of Executive Engineer.

Justice Mahabir Singh SIndhu said, "Since the action of the respondents is found to be grossly illegal, therefore, in order to mitigate the miseries of petitioner and as a deterrence to the respondents for future, costs of Rs.1,00,000/- (Rupees one lakh only) are imposed."

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Title: Anand Mohan Saran and others v. Anil Kumar

Citation: 2024 LiveLaw (PH) 350

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.

Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances with certain directions or orders, especially when the relief granted by the writ Court becomes appealed against, whereupon the outcome of the availed remedy by the purported errant litigant rather is prima facie required to be awaited."

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 351

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.

The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held a position of a director in his brother's company.

Law Is A Noble Profession, Punjab & Haryana High Court Denies Relief To Law Student Caught Cheating In Semester Exam

Title: XXXX v. PU

Citation: 2024 LiveLaw (PH) 352

The Punjab and Haryana High Court refused to quash the order disqualifying a law student from appearing in any University examination for two years, after he was found cheating during an exam.

The Panjab University had caught a BA LLB student of first year with objectionable material during the exam and disqualified him from appearing in any University examination for two years.

High Court Imposes ₹3 Lakh Cost On Haryana Staff Selection Commission For Unjustly Rejecting Woman In Physical Test For Constable Post

Title: Karishma v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 353

The Punjab & Haryana High Court imposed a cost of Rs 3 Lakh on Haryana Staff Selection Commission (Commission) for unjustly denying a woman candidate for the post of Constable.

After qualifying the recruitment exam, the candidate was disqualified in physical test because the height was not properly measured and thereafter her claim was unjustly rejected by the Commission "on one pretext or the other."

Plea Of 'No Fault' Or 'Negligence Of Victim' Not Available To Railway Administration: Punjab & Haryana High Court

Title: Joginder Thakur v. Union of India

Citation: 2024 LiveLaw (PH) 354

The Punjab & Haryana High Court awarded a compensation of Rs.4 lakh along with interest @ 9% per annum to a passenger who received injuries due to sudden jolt of a train in 2013, observing that the liability of the "Railway Administration is based on the 'principle of strict liability'."

Justice Pankaj Jain said, "Plea of 'no fault of railways' or 'negligence of the victim' is not available to the Railway Administration."

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters

Title: Som Nath Jagat v. State of Haryana

Citation: 2024 LiveLaw (PH) 355

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Jail Superintendent accused of collecting bribe from gangsters to supply them mobile phones inside the Haryana's Kurukshetra prison and allowed visits of hard core criminal without entry in register. It was alleged that the imprisoned gangsters and hard core criminals hatched Conspiracy to manufacture illicit liquor.

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC

Title: Kuldeep Singh @ Keepa and another v. State of Punjab

Citation: 2024 LiveLaw (PH) 356

The Punjab and Haryana High Court has acquitted a murder case convict after finding that the prosecution case was not reliable and the testimony of eye-witness was not credible.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said the the eyewitness account who is unknown to the accused is not credible if he directly identified him in the Court, without prior test identification parade.The Court also said that the witness before his statement to police must have described the key characteristics of the accused.

Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED": Punjab & Haryana HC Quashes Unreasoned Custodial Interrogation Order

Title: Balwant Singh v. Directorate of Enforcement

Citation: 2024 LiveLaw (PH) 357

The Punjab and Haryana High Court has cautioned the Judicial Officers deployed at Special PMLA Courts to not act as an "extended arm" of the central investigating agency Enforcement Directorate, by passing orders of remand against the suspect as a matter of course.

'Follow Rule Of Law', High Court Directs Rohtak Municipal Corporation To Remove Statue Of Former Minister From Public Land

Title: Devender Sharma v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 358

The Punjab & Haryana High Court has directed the Municipal Corporation of Haryana's Rohtak to follow the rule of law as per the Apex Court ruling whereby installation of statues on public lands has been prohibited.

P&H HC Declares Provisions Of Ex-Servicemen Rules Limiting Benefits To Those Appointed To Civil Posts After January 2012 As Unconstitutional

Title: KAMIKAR SINGH AND ANOTHER v. STATE OF PUNJAB AND ORS. [other related petitions]

Citation: 2024 LiveLaw (PH) 359

The Punjab & Haryana High Court has declared the provisions of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2012 and 2018, ultra vires of the Constitution which limited the benefits of pension and increments to ex-servicemen appointed to civil posts after January 1, 2012, and denied arrears for periods prior to that date.

'Flooded With Litigations Where Innocent Families Are Financially Exploited On Promise Of Sending Children Abroad': Punjab & Haryana HC

Case title: Devinder Singh Gill v. State of Punjab

Citation: 2024 LiveLaw (PH) 360

The Punjab & Haryana High Court rejected bail plea of a man accused of cheating to the tune of Rs.77.89 lakh on the pretext of sending complainants abroad and to procure study visas and work visas.

The Court noted that accused person neither sent the complainants abroad nor did they return the advance money.

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder

Title: Bhupinder Singh v. State of Punjab

Citation: 2024 LiveLaw (PH) 361

The Punjab and Haryana High Court upheld the conviction in a double murder case wherein the convict was sentenced to life for shooting his mother-in-law and brother-in-law dead in 2012.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the non proof of motive by the prosecution looses its vigour, thus on the ground, that the motive may be required to be proven in a prosecution cases rested upon circumstantial evidence, but may not acquire any efficacious proof qua thereto becoming adduced by the prosecution, especially besides obviously when credible eye witness account became rendered by the eye witnesses to the instant crime event."

Punjab & Haryana High Court Upholds Constitutional Validity Of Haryana Municipal (Amendment) Act, 2018

Title: Satish Kumar v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 362

The Punjab & Haryana High Court upholds the constitutionality of Haryana Municipal (Amendment) Act, 2018 whereby the State Election Commission (SEC)was empowered to remove to remove municipal presidents and members on grounds of statutory disqualification under section 13 A of the Act.

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land

Title: Pawan Kumar v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 363

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 364

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.

Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer(s) of the matrimonial related litigation(s) if her job results in her being transfer from one place to another. The latitude required to be exercised in favour of a wife, while dealing with the plea for transfer of a matrimonial dispute, cannot be stretched to such an extent that the Court is approached for transfer of such matrimonial related litigation at the mere asking of the wife."

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

Title: GRAM PANCHAYAT OF VILLAGE BUDHO PUNDHER v. PUNJAB WAKF BOARD AND OTHERS

Citation: 2024 LiveLaw (PH) 365

The Punjab & Haryana High Court has said that any entry in the revenue records declaring the land as "Takia, graveyard and Maszid" is required to be protected even if the same is not used by Muslim community from a long time.

The Court rejected the plea filed by a Gram Panchayat challenging the decision of a Waqf Tribunal whereby the Tribunal declared a land as waqf property and restrained the Gram Panchayat from disturbing its possession.

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

RAMEEZ RAJA v. STATE OF PUNJAB

Citation: 2024 LiveLaw (PH) 366

The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities (Prevention) Act (UAPA) for allegedly being in touch with a Pakistani national and arranging money for "anti-national activities."

The Court noted that no no recovery of arms and ammunition or any other incriminating material has been effected from him and in custody for about 2 years.

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

Title: Court on its own motion v. UT Chandigarh and others.

Citation: 2024 LiveLaw (PH) 367

The Panjab University today assured the Punjab & Haryana High Court that the incident of manual scavenging will not take place again and guidelines issued by the Supreme Court in Dr. Balram Singh vs Union of India will be strictly adhered to.

The development came after the bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal took Suo Moto cognizance of the incident of manual scavenging inside the premises of Panjab University.

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

Title: XXXX v. XXXX

Citation: 2024 LiveLaw (PH) 368

The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act (POCSO) Act as an adult.

As per Section 15(1) of the Act, a Juvenile Justice Board (JJB) is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an offence and the ability to understand its consequences along with the circumstances under which allegedly the offence was committed.

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

Case Title: MANN SINGH v. STATE OF PUNJAB & ORS

Citation: 2024 LiveLaw (PH) 369

The Punjab and Haryana High Court has upheld the dismissal of a Punjab Police Constable, who was expelled from service in 1995 on the basis of a specific intelligence report that he was in direct contact with extremists during the time the State was facing problem of terrorism.

Taking note of the conduct of the petitioner, which the high court said was not above the board, the court found no reason to interfere with the order or the authorities which dismissed the petitioner from service.

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

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 370

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

Justice Sureshwar Thakur and Justice Kuldeep Tiwari also noted that "there were no internal or external injury marks on any part of the body of the prosecutrix."

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

Title: Balwan Singh v. State of Haryana

Citation: 2024 LiveLaw (PH) 371

The Punjab and Haryana High Court has refused to quash an FIR lodged against a senior for allegedly abetting his junior employee to commit suicide by harassing and bullying him.

It was alleged that the petitioner, who was senior of the deceased working in a government veterinary hospital, harassed and bullied him by using abusive language which forced him to commit suicide.

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

Title: UNION OF INDIA AND ORS. v. EX HAV JARNAIL SINGH AND ANR.

Citation: 2024 LiveLaw (PH) 372

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