Punjab & Haryana High Court Weekly Round-Up [February 10-16, 2025]

Nominal Index [Citations 62 - 77]

RENU SHARMA AND ORS v. HARYANA PUBLIC SERVICE COMMISSION 2024 LiveLaw (PH) 62

RAMAN @ SONU v. STATE OF PUNJAB 2025 LiveLaw (PH) 63

 Aaditya Sharma v. State of Punjab  2025 LiveLaw (PH) 64

Amandeep Singh v. Preet Industries and Anr.  2025 LiveLaw (PH) 65

Dhanna Ram v. State of Haryana Citation: 2025 LiveLaw (PH) 66

Ravisan and others v. State of Punjab and others [along with other pleas]  2025 LiveLaw (PH) 67

Kumar Pal and others v. Union of India and others 2025 LiveLaw (PH) 68

YATENDER PAL v. STATE OF HARYANA 2025 LiveLaw (PH) 69

Punjab & Sind Bank and another v. Surinder Kumar Verma 2025 LiveLaw (PH) 70

M/S RAMPRASTHA DEVELOPERS PVT LTD AND ORS v. STATE OF HARYANA AND ORS 2025 LiveLaw (PH) 71

AVTAR SINGH PANNU v. STATE OF PUNJAB 2025 LiveLaw (PH) 72

DLF CITY RESIDENTS WELFARE ASSOCIATION AND ANOTHER v. STATE OF HARYNA AND OTHERS  2025 LiveLaw (PH) 73

Union of India and another v. Sukhpreet Kaur and another  2025 LiveLaw (PH) 74

Gagandeep @ Monti v. Sukhbir Singh and others  2025 LiveLaw (PH) 75

 MANJINDERSINGH @MANJINDERMAKHA VERSUS STATE OF PUNJAB 2025 LiveLaw (PH) 76

Naveen and others v. State of Haryana and others 2025 LiveLaw (PH) 77

Reports 

Govt Job Is A Dream, Oversight Due To Anxiety Should Not Haunt: P&H HC Grants Relief To Candidates Disqualified For Not Filling Booklet Series In OMR

Title: RENU SHARMA AND ORS v. HARYANA PUBLIC SERVICE COMMISSION

Citation: 2024 LiveLaw (PH) 62

The Punjab & Haryana High Court allowed plea of candidates challenging their disqualification in Haryana Public Service Commission (HPSC) due to not filing booklet series in the OMR sheet, observing that "securing a public employment is a dream for a common person and the failure to compete in the same solely due to certain inadvertent omissions would crush the entire career prospects of a candidate, more so, it is only occasionally that advertisements for such public employment are issued."

"Reviving Khalistani Moment Threat To Sovereignty": Punjab & Haryana HC Denies Bail To Man Accused Of Circulating 'Inflammatory Videos' On Social Media

Title: RAMAN @ SONU v. STATE OF PUNJAB

Citation: 2025 LiveLaw (PH) 63

The Punjab & Haryana High Court refused to grant bail to a man accused of writing provocative slogans supporting the Khalistani movement on walls and circulating inflammatory videos on social media.

Justice Manjari Nehru Kaul said, "Prima facie the allegations against the petitioner are not only serious but strike at the core of national integrity and public security. The petitioner is accused of orchestrating activities aimed at reviving the Khalistani movement which poses significant threats to the stability of the State of Punjab and the nation as a whole."

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court

Title: Aaditya Sharma v. State of Punjab

Citation: 2025 LiveLaw (PH) 64

The Punjab and Haryana High Court has said that in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), where sentence is of ten years, the accused should generally be not released on bail.

Justice Manisha Batra said, "It has been seen that the denial of bail has prevented the accused from fleeing from the criminal justice and protected the society by preventing that additional criminal activity. It is believed that the graver the crime the graver is the chances of absconding. Even otherwise, in NDPS cases, where the sentence is of ten years, the accused should generally be not released on bail as in such like cases, negation of bail is the rule and its grant is an exception."

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable

Title: Amandeep Singh v. Preet Industries and Anr.

Citation: 2025 LiveLaw (PH) 65

The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years. The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the Court situated in the same district.

Justice N.S Shekhawat noted, "Shockingly, the lower Court record was not received by the Appellate Court for a period of more than five years from a local court itself. It is really painful to notice that the Presiding Officers of the Appellate Court had passed routine orders and did not bother to take any effective steps for summoning the lower Court record."

Punjab & Haryana HC Acquits Man Of 'Unsound Mind' Convicted Of Murdering 3 Yr-Old Daughter, Says Insanity Doesn't Render Person Inhuman

Title: Dhanna Ram v. State of Haryana

Citation: 2025 LiveLaw (PH) 66

Finding that the convict was mentally unsound at the time of incident, the Punjab & Haryana High Court acquitted a man convicted and sentenced to life imprisonment for the murdering his three-year-old daughter.

The Court allowed the defence under Section 84 IPC to the convict since mens rea was absent due to the accused's prolonged mental illness and he was incapable of understanding the nature and consequences of his actions at the time of the offence.

Service Can't Be Terminated During Maternity Leave: Punjab & Haryana High Court

Ravisan and others v. State of Punjab and others [along with other pleas]

Citation: 2025 LiveLaw (PH) 67

The Punjab & Haryana High Court has said that the service of an employee who is on maternity leave can't be terminated during the period of leave.

Justice Harsimran Singh Sethi said, "once an employee was on maternity leave, the said period of maternity leave could not have been curtailed so as to terminate the service of an employee and the services of the employee could have been dispensed with upon her joining after availing the benefit of maternity leave."

“Working For Long Time, Cannot Be Replaced”: P&H HC Tells State To Regularise Posts Of Class III, Class IV Ad-Hoc Sessions Court Employees

Title: Kumar Pal and others v. Union of India and others

Citation: 2025 LiveLaw (PH) 68

The Punjab & Haryana High Court has said that Class III and Class IV ad-hoc employees working in the Sessions Court cannot be replaced and directed the authorities to take appropriate steps to regularise them.

Justice Harsimran Singh Sethi said, "It is directed that the petitioners should be allowed to continue in service till the work of the post in question exist subject to satisfactory work and conduct of the employees. Further, such employees including the petitioners will not be replaced by another set of employees on the same terms and conditions and they will be allowed to continue on the post on the terms and conditions as it exists today."

Self-Inculpatory Statement Given In Lie Detector Test Can't Be Used As Material Evidence Against Accused: Punjab & Haryana HC

Title: YATENDER PAL v. STATE OF HARYANA

Citation: 2025 LiveLaw (PH) 69

The Punjab and Haryana High Court has held that self-incriminatory statement given by an accused while being subjected to lie-detector test cannot be used against him as a "material evidence".

A division bench of Justice Gurvinder Singh Gill and Justice Jasjit Singh Bedi clarified that "conducting of lie a detector test is merely an aid in investigation in case the accused discloses any such relevant information."

Punjab & Haryana High Court Upholds ₹50K Cost On Bank For 17 Years Of Silence On Retired Employee's Plea Seeking Release Of Gratuity

Title: Punjab & Sind Bank and another v. Surinder Kumar Verma

Citation: 2025 LiveLaw (PH) 70

The Punjab & Haryana High Court upheld cost of Rs.50,000 imposed on Punjab & Sind Bank over failure to file reply for 17 years in a plea filed by a retired employee seeking release of gratuity.

The bank had moved an appeal against the order of a single judge who had expressed "shock" to find that the plea was pending since 2005 because the bank failed to file reply for 17 years. Consequently, a cost of Rs.50,000 was imposed on the Bank for delaying the plea by the single judge.

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court

Title: M/S RAMPRASTHA DEVELOPERS PVT LTD AND ORS v. STATE OF HARYANA AND ORS

Citation: 2025 LiveLaw (PH) 71

The Punjab & Haryana High Court has made it clear that home buyers who have deposited certain amount and are prospective allottees can also filed complaint in Real Estate Regulatory Authority (RERA) for redressal of grievances.

The Court rejected the contention of a Real Estate Company that the complainants are not home buyers or allottees because the project is not in existence and they only tendered money for prospective projects, hence no cause of action will arise.

Accused Fled To America To Evade Trial, Punjab & Haryana High Court Imposes Cost In US Dollars

Title: AVTAR SINGH PANNU v. STATE OF PUNJAB

Citation: 2025 LiveLaw (PH) 72

The Punjab & Haryana High Court has imposed a cost of $10,000 US dollar cost on an accused, who fled to America after obtaining bail in 2004 so as to evade trial in a fraud case for "almost 20 years."

Justice Sandeep Moudgil said, "There is no denial to the fact that due to petitioner's act, delay has occurred in trial proceedings and has caused prejudice to the other side and to compensate the delay which is caused by the petitioner alone, he is directed to deposit costs of US $10,000 with the Punjab and Haryana High Court Bar Clerks Association and a receipt of the same be produced before the trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day."

High Court Orders Action Against 4,000 Illegal Constructions In Gurugram's DLF City

Title: DLF CITY RESIDENTS WELFARE ASSOCIATION AND ANOTHER v. STATE OF HARYNA AND OTHERS

Citation: 2025 LiveLaw (PH) 73

The Punjab & Haryana High Court has issued a writ of mandamus to the Haryana state authorities, asking them to take “prompt action” against over 4,000 unauthorized constructions in Gurugram's DLF City, within two months.

The Court took note of local administration's involvement in allowing “land mafias” to construct unauthorised buildings which are comping up at “alarming rate.”

Adoption Of Hindu Child In Hindu Family Can Be Done Without Registered Deed: Punjab & Haryana High Court

Title: Union of India and another v. Sukhpreet Kaur and another

Citation: 2025 LiveLaw (PH) 74

The Punjab & Haryana High Court on Thursday observed that the adoption of a Hindu child in Hindu family under the Hindu Adoptions and Maintenance Act can be done even without registered deed.

The case pertains to compassionate appointment in Railways, of an adoptive daughter whose appointment was denied because in Class 10th certificate names of her biological parents were reflected instead of adoptive one.

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages

Title: Gagandeep @ Monti v. Sukhbir Singh and others

Citation: 2025 LiveLaw (PH) 75

Observing that the judicial system needs self-assessment as it was "responsible" for a delay of 24 years to decide "just compensation" to a road accident victim suffering pelvic fracture urethral injury, the Punjab and Haryana High Court has awarded the claimant Rs.1.3 Crores in compensation.

The Court enhanced the compensation from Rs.7 lakhs awarded by the Tribunal to Rs.1.3 Crores to the victim who was permanently disabled in a road accident.

'Homage' To Deceased Singer: Punjab & Haryana HC Grants Pre-Arrest Bail To Author Of Book On Sidhu Moosewala In Defamation Case

Case Title: MANJINDERSINGH @MANJINDERMAKHA VERSUS STATE OF PUNJAB

Citation: 2025 LiveLaw (PH) 76

The Punjab & Haryana High Court has granted anticipatory bail to the author of a book based on deceased Punjabi singer Sidhu Moosewala's life account, in a defamation case.

A complaint was filed by Moosewala's father against the author–Manjinder Singh who wrote the book 'The Real Reason Why Legend Died' under sections 451, 406(criminal breach of trust), and 380(theft) of the Indian Penal Code, along with Section 356(3) of the Bharatiya Nyaya Sanhita (BNS), alleging that it contains defamatory material against singer's family.

Constable Recruitment | Haryana Govt Can't Ask For Fresh Backward Class Certificate At Second Stage Of Selection: P&H High Court

Title: Naveen and others v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 77

The Punjab & Haryana High Court has made it clear that the Haryana Staff Service Commission (HSSC) cannot ask for latest Backward Class (BC) certificate at the second stage of selection process when the certificate is filed at the time of Common Eligibility Test (CET).

Justice Jagmohan Bansal said, "In the absence of particular date in the rules or advertisement, last date prescribed for filing application for the advertised post is cut-off date. In the instant case, cut-off date for limited purpose i.e. to upload documents, was last date notified for filing application. The said date had no bearing with the date of BC certificate."

Other Developments

Punjab & Haryana HC Seeks Report On Cyber Crime Complaint Mechanisms In Plea Against Telegram Scammers Duping On Pretext Of Profit

Title: DR. KARAMJIT SINGH VS. STATE OF PUNJAB AND ORS.

The Punjab & Haryana High Court has directed the Punjab Government to provide a comprehensive report regarding the complaint handling mechanism on cyber crimes as well as the fate of unresolved complaints, where no FIR has been registered.

Justice Mahabir Singh Sindhu said, "State counsel shall also visit the office of ADGP, Cyber Crime, Punjab on 17.02.2025 and to submit a comprehensive report regarding the complaint(s) handling mechanism as well as the fate of unresolved complaint(s), where no FIR has been registered."

Why Reservation For Disabled Lawyers Not Provided In Haryana AG Law Officers Selection: High Court Asks

Title: Mohit Garg Vs. Union of India and others

The Punjab & Haryana High Court has asked the Haryana Government why reservation under the Rights of Persons with Disabilities Act, 2016 has not been directed in the Haryana Advocate General Law Officers posts.

The Officer of Advocate General has recently invited application for Law officers. However number of posts or reservation has not been specified in the notification.