Punjab & Haryana High Court Weekly Round-Up: 8 July- 14 July, 2024

Nominal Index [Citations 243-253]

XXXX v. XXX  2024 LiveLaw (PH) 243

Virender v. State of Haryana and others 2024 LiveLaw (PH) 244

Sadha Ram @ Bhajna Ram v. State of Haryana and Others 2024 LiveLaw (PH) 245

Aftab @ Sakil v. State of Haryana & Ors. 2024 LiveLaw (PH) 246

Mamta & Others v. Happy and Others 2024 LiveLaw (PH) 247

Jatinder Jain v. State of Haryana and others 2024 LiveLaw (PH) 248

Sukhnoor Singh v. HPSC & Ors. 2024 LiveLaw (PH) 249

Kunal Puri v. Dheeraj Yadav 2024 LiveLaw (PH) 250

Ravinder Singh @ Kali v. State of Punjab and others 2024 LiveLaw (PH) 251

XXXX v. XXX 2024 LiveLaw (PH) 252

M/s Shivam Engineers and Fabricators v. SBI & Ors. 2024 LiveLaw (PH) 253

Reports

Police In India Can't Take Cognizance Of Dowry Harassment Committed Abroad, Sanction U/S 188 CrPC Must: Punjab & Haryana High Court

Case Title: XXXX v. XXX

Citation: 2024 LiveLaw (PH) 243

The Punjab and Haryana High Court has held that the police in India cannot take cognizance of dowry harassment offence allegedly committed abroad.

The development came while quashing a FIR lodged against husband on allegations of harassing his wife by making dowry demands.

While noting that the incidents of harassment alleged by the wife took place in Australia, Justice Harpreet Singh Brar said, "cognizance of the same could not have been taken by the police in India."

Sending First Time Offenders To Jail For Minor Offences Attracts Them Towards Crime: Punjab & Haryana HC Bats For Probation, Reformative Justice

Case Title: Virender v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 244

The Punjab and Haryana High Court has said that Courts have "ample power" to release the first offender of minor offences on probation, keeping into focus the nature and manner of the crime, age of the offender, other antecedents and attending circumstances of the offence, instead of committing him to jail.

Preventive Detention On Mere Suspicion 'Draconian', Power Not Meant To Arbitrarily Enforce 'Police Rule': Punjab & Haryana High Court

Case Title: Sadha Ram @ Bhajna Ram v. State of Haryana and Others

Citation: 2024 LiveLaw (PH) 245

The Punjab and Haryana High has made it clear that the preventive detention order should not be passed to enforce 'Police Rule' on mere suspicion and credible likelihood of the detenu's involvement in crimes must be established.

Life Convicts Should Be Eligible For Premature Release Once They Have Served Sufficient Period Of Time In Prison: Punjab & Haryana High Court

Aftab @ Sakil v. State of Haryana & Ors.

Citation: 2024 LiveLaw (PH) 246

The Punjab and Haryana High Court has said that life convicts should be eligible for pre-mature release "once they have served sufficient period of time in the prison to mark the seriousness of their offences."

The Court while quashing the order of State authorities directing a dacoity and murder convict to remain in prison till his last breath, allowed the pre-mature release noting that he had undergone more than 24 years of actual imprisonment.

Motor Accident Claimants Often Not Aware Of Their Rights, Judges Shouldn't Get Technical: Punjab & Haryana HC Issues Guidelines To Tribunals

Title: Mamta & Others v. Happy and Others

Citation: 2024 LiveLaw (PH) 247

The Punjab and Haryana High Court has issued a set of guidelines to the Tribunals under the Motor Vehicles Act (MV Act), observing that Judges should not go into the technicalities of the provisions under which the application or petition is moved; rather they should apply judicial mind since "these are only the irregularities and not illegalities which cannot be cured."

Picking-Up Stray Cattle For 'Gowshalas' Should Be Done With Proper Sensitivity: Punjab & Haryana High Court Tells State Govts

Title: Jatinder Jain v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 248

The Punjab & Haryana High Court has said that state should ensure that the exercise of picking up the stray cattle from urban areas and taking them to the respective Gowshalas is done with "proper sensitivity."

Haryana Judiciary Exam | Prelims Result Calculated But Not Declared Category Wise Can't Be Set Aside: High Court

Title: Sukhnoor Singh v. HPSC & Ors.

Citation: 2024 LiveLaw (PH) 249

The Punjab and Haryana High Court has dismissed a batch of writ petitions challenging the preliminary examination result declared in April for Haryana Civil Services (Judicial Branch) (HCS) Examination 2023-24.

A division bench of Justice Lisa Gill and Justice Sukhvinder Kaur said, "result of the preliminary examination cannot be set aside on the ground that it has not been declared category wise."

'Forum Hunting': Punjab & Haryana HC Imposes Cost On Man For Filing Quashing Plea After Withdrawing Revision Petition In Cheque Bounce Case

Kunal Puri v. Dheeraj Yadav

Citation: 2024 LiveLaw (PH) 250

Observing that "it seems that it is a case of forum hunting", the Punjab & Haryana High Court imposed a cost of Rs.10,000 on a man who filed petition under Section 482 CrPC to quash cheque bounce case after withdrawing revision plea.

Judiciously Managing Inmate Transfers Is Prudent Financial Decision: High Court On Transferring Alleged Lawrence Bishnoi Aide To Chandigarh Jail

Ravinder Singh @ Kali v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 251

The Punjab & Haryana High Court has allowed the plea to transfer of alleged aide of gangster Lawrence Bishnoi, Ravinder Singh from Bhatinda Jail to Chandigarh Modern Prison on medical grounds, observing that, judiciously managing inmate transfers proves to be a prudent financial decision for state.

Proceedings For FIR Lodged Under IPC Will Be Governed By BNSS If Plea Filed On Or After July 1: Punjab & Haryana High Court

Case Title: XXX v. XXXX

Citation: 2024 LiveLaw (PH) 252

The Punjab and Haryana High Court has made it clear that if a FIR is lodged under IPC but the application or petition in relation to it is filed after July 01, then provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which has replaced Criminal Procedure Code, will be applicable.

Attempts To Mislead Court Must Be Dealt With Deterrence: Punjab & Haryana High Court Imposes Rs 1 Lakh Cost On Party For Suppressing Facts

Case Title: M/s Shivam Engineers and Fabricators v. SBI & Ors.

Citation: 2024 LiveLaw (PH) 253

Observing that attempts made to conceal vital facts to mislead the Court must be dealt with firmly, the Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a petitioner.

Other Developments

In Democracy Farmers Can't Be Stopped From Entering State: High Court On Haryana Govt's Defence For Closing Shambhu Border, Directs Unblocking

Title: Uday Pratap Singh Vs. UOI & others

The Punjab and Haryana High Court today directed the Haryana Government to unblock Shambhu Border, observing that it is the "life-line" for citizens' movement between Punjab and Haryana and to Delhi and Jammu & Kashmir, and its closure is causing immense inconvenience to the general public.

Bar Council Of Punjab & Haryana Suspends License Of High Court Bar Association President

The Bar Council of Punjab and Haryana today suspended the licence of High Court Bar Association Advocate Vikas Malik and barred him from practising before any court till a final decision is made on the complaints against him.

NHAI Wants Punjab Govt To Compensate Losses Incurred By Closing Of Toll Plaza By Protestors, High Court Seeks Response

Case Title: National Highway Authority of India & Ors v. State of Punjab & Ors.

The Punjab and Haryana High Court today sought response from the Punjab Government on an application moved by the National Highway Authority of India (NHAI) seeking compensation for the alleged losses suffered by the authority "due to the failure of the State to maintain law and order in the State of Punjab leading to unauthorized closures of Toll Plazas."

The application was filed in a plea moved by NHAI seeking security and administrative assistance for the smooth functioning of toll plazas in Punjab.

2016 Fake Students Scam: High Court Seeks Status Of Investigation Into Bogus Admissions In Haryana Govt Schools

SUNIL KUMAR AND ORS V. STATE OF HARYANA AND ORS

The Punjab and Haryana High Court has summoned officer investigating the 2016 case of syphoning of funds for non-existence 4 lakh students in Haryana Government Schools.

In 2016, the High Court had found that the data of 4 lakh students shown by the Haryana Government in schools was "fake" and guest teachers were recruited by showing those students on record. In 2019, the matter was handed over to CBI to investigate within a period of three months.

Justice Sheel Nagu Sworn-In As Chief Justice Of Punjab & Haryana High Court

Justice Sheel Nagu was sworn in as Chief Justice of the Punjab and Haryana High Court. The oath of office was administered by the Governor of Punjab.

The Punjab and Haryana High Court had been without a regular Chief Justice since the retirement of Justice Ravi Shankar Jha in October 2023. Justice GS Sandhawalia was serving as the acting Chief Justice until Justice Nagu's appointment.

Shambhu Border To Be Opened For All, Not Just For Farmers: Punjab & Haryana High Court Clarifies

Vasu Ranjan Shandilya v. State of Haryana & Ors.

The Punjab and Haryana High Court today said that its direction to open the Shambhu border which connects the two States is meant for all citizens, and is not restricted to any particular class.

The clarification comes in a PIL seeking directions to open Shambhu border for general public, especially businessmen, departmental store owners and street vendors who are providing essential commodities to Ambala.