Punjab & Haryana High Court Weekly Round Up: April 22 - April 28, 2024

Nominal Index [Citations 125 - 134]

Rakesh Das v. State of Haryana & Ors. 2024 LiveLaw (PH) 125

Simran Kaur versus Union of India and others 2024 LiveLaw (PH) 126

Pradeep Kumar v. State of Haryana  2024 LiveLaw (PH) 127

Kaushal and Others v. Raj Kamal and others  2024 LiveLaw (PH) 128

XXX v. XXX 2024 LiveLaw (PH) 129

XXX v.XXX 2024 LiveLaw (PH) 130

Naresh Kapoor v. State of Punjab and anr.  2024 LiveLaw (PH) 131

M/s Shree Digvijaya Woollen Mills Ltd Verses Commissioner of Income-Tax  2024 LiveLaw (PH) 132

Saurabh Gupta & Ors v. State of Haryana & Ors. 2024 LiveLaw (PH) 133

SBI v. DM, Ludhiana & Ors. 2024 LiveLaw (PH) 134

Reports

Can Partial Compromise Be Ground For Quashing FIR? Punjab & Haryana High Court Refers Matter To Larger Bench

Title: Rakesh Das v. State of Haryana & Ors.

Citation: 2024 LiveLaw (PH) 125

Observing that "there is no explicit guidelines governing the issue", the Punjab and Haryana High Court has referred the matter of quashing of FIR on the basis of "partial compromise" to the larger bench.

Are Writ Petitions Under Article 226 Maintainable Against Army Welfare Education Society Or Army Public Schools? Punjab & Haryana HC Refers To Larger Bench

Title: Simran Kaur versus Union of India and others

Citation: 2024 LiveLaw (PH) 126

The Punjab & Haryana High Court has referred the issue of whether a writ petition under Article 226 of the constitution would be maintainable against the Army Welfare Society or against the Army Public School, to the larger bench. Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "The language of the Article 226 of the Constitution of India empowers the High Court to issue a writ, order or direction to any person or authority, including any Government for the enforcement of any other purpose."

S.36A(4) NDPS Act | Public Prosecutor Not Part Of Investigating Agency, Expected To Apply Mind For Seeking Extension: Punjab & Haryana HC Reiterates

Title: Pradeep Kumar v. State of Haryana

Citation: 2024 LiveLaw (PH) 127

The Punjab and Haryana High Court has granted default bail to an accused in a drugs case whose plea was rejected by the Trial Court which granted an extension to the investigating agency to probe the matter.

The Court noted that the Public Prosecutor (PP) did not submit an independent report seeking time for investigating the case, which is a mandatory provision under Section 36A (4) of the NDPS Act.

MV Act | Tribunal Should Not Dismiss Application For Compensation Merely For Non-Joinder Of Party: Punjab & Haryana High Court

Title: Smt. Kaushal and Others v. Raj Kamal and others

Citation: 2024 LiveLaw (PH) 128

The Punjab and Haryana High Court has made it clear that motor accident claims under the Motor Vehicle Act (MV Act) cannot be dismissed for non-joiner of parties.

While setting aside the order of Motor Vehicle Tribunal, the Court noted that the claim was rejected, "only because the mother was not impleaded as party."

No Kidnapping When Minor Who Is Of Age Of Discretion Leaves Guardians' House With Accused On Her Own Will: Punjab & Haryana High Court

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 129

The Punjab and Haryana High Court has said that a person will not be liable for kidnapping if a minor girl of "age of discretion" leaves her guardian's house along with him on her own volition.

The Court granted anticipatory bail to an accused who was booked by Fatehgarh Sahib Police for allegedly kidnapping a 17-year-old girl to compel her to marry him.

No Fresh Material Can Be Produced Before Trial Court Without Making Application Under CrPC: Punjab & Haryana High Court

Title: XXX v.XXX

Citation: 2024 LiveLaw (PH) 130

The Punjab and Haryana High Court has made it clear that no fresh material can be exhibited in the trial court without moving an application under relevant provisions of the Criminal Procedure Code (Cr.P.C.)

The Court set aside the trial court's order allowing complainant's application to give specimen of signature to compare with the confessional statement of the accused booked for sexual assault under POCSO Act after conclusion of prosecution evidence.

Teacher Likely To Use Harsh Language To Discipline Student: Punjab & Haryana HC Discharges Teacher Accused Of Abetment Of Suicide Of Minor Student

Title: Naresh Kapoor v. State of Punjab and anr.

Citation: 2024 LiveLaw (PH) 131

Observing that "post of a teacher require disciplining a student", the Punjab & Haryana High Court has discharged a teacher from charges of abetment to suicide of a minor student who allegedly harassed her in school.

The Court found that the student was weak in studies "for which she was reprimanded". Even otherwise, neither the FIR nor the suicide note refer to any specific instances of acute harassment amounting to abetment, it said.

No Addition Is Permitted On Account Of Estimated Profit U/s 41(1) Simply Based On Assumptions: Punjab & Haryana High Court

Case Title: M/s Shree Digvijaya Woollen Mills Ltd Verses Commissioner of Income-Tax

Citation: 2024 LiveLaw (PH) 132

The Punjab & Haryana High Court deleted the addition made by the AO u/s 41(1) of the Income tax Act on account of sale of copper wire, finding that the AO had made additions under the said provision simply on basis of presumption regarding the said sale, even after finding no stock in the premises.

[Snake Venom Case] P&H High Court Directs State To Provide Security To Animal Rights Activists Who Filed FIR Against YouTuber Elvish Yadav When They Appear In Court

Title: Saurabh Gupta & Ors v. State of Haryana & Ors.

Citation: 2024 LiveLaw (PH) 133

The Punjab & Haryana High Court has directed police to provide adequate security to the animal rights activists who recorded a viral video of YouTube Elvish Yadav and filed an FIR against him for using Snake Venom as drugs, whenever they appear before Gurugram Court.

[S.14 SARFAESI Act] District Magistrates Can't Adjudicate On Application For Taking Possession Of Secured Assets, Constantly Breaching Law: Punjab & Haryana HC

Title: SBI v. DM, Ludhiana & Ors.

Citation: 2024 LiveLaw (PH) 134

The Punjab & Haryana High Court has made it clear that the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is only an executing functionary and not empowered to make any adjudication on the application made by the creditors for taking possession of the secured assets.

Other Developments 

[Lok Sabha Elections] Model Code Of Conduct Doesn't Stand In Way Of Executing Judicial Order: P&H High Court Pulls Up Govts For Making "Excuses"

Title: Naresh Kumar v. Virat Secretary HSSC, Panchkula & Anr.

Observing that "no further excuse of the prevalence of Model Code of Conduct (MCC) shall be entertained", the Punjab & Haryana High Court has made it clear that no code of conduct issued by the Election Commission of India can be permitted to stand in way of execution of High Court's order.

High Court Seeks Response From Union Govt, Chandigarh Municipal Corp On Plea To Implement Prevention Of Animal Cruelty Act At Dairy Farms

Title: Jairoop Riar & Anr. v. UOI & Ors

The Punjab and Haryana High Court today sought response from the Union and State government in PIL seeking implementation of Prevention of Cruelty to Animals Act, 1960 (Resignation of Cattle Premises, Rules 1978) in dairy farms of Chandigarh as well as neighbouring villages.

Punjab & Haryana High Court Seeks Defence Ministry's Response On Plea Challenging 89% Reservation For Men In SSC Air Force Ground Duty Branch

Title: Captain Sukhjit Pal Kaur Sandal (Retd.) v. UOI & Ors.

The Punjab and Haryana High Court has sought response from Union government on a PIL challenging 89% reservation for men in Short Service Commissioned (SSC) Officers in the "ground duty" branch of the Indian Air Forces.

A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Union of India, Ministry Of Defence and Chief of the Air Staff, Director, Directorate of Personnel (Officers).

'Insensitive To General Public's Convenience', High Court Raps Police For Closing Punjab CM House Road, Directs To Open On Experimental Basis

Title: Aneet Goel v. Union of India and others

The Punjab and Haryana High Court has called for opening up the road to the Punjab CM's residence on an experimental basis. The path was blocked for security purpose during 1980 terrorism.

The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji also criticized the Haryana government's proposal to close the road in front of their Chief Minister's residence, citing some threat perception "based on a figment of imagination of the authorities".

'Shortage Of Police Prolongs Trial, Erodes Public Trust': High Court Seeks Details From Punjab DGP On Security Cover Given To VIPs

Title: RAJAN KAPUR VS STATE OF PUNJAB

Expressing concern over police personnel involved in providing security cover to VIPs and others, the Punjab & Haryana High Court has said that deploying them for security purpose has a reverse impact on the condition of law and security in general.

The Court sought details from Punjab DGP on security cover provided to VIPs and individual persons under State Security Policy.