Punjab & Haryana High Court Weekly Round-Up: February 24 - March 01, 2025

Nominal Index [Citation 2025 LiveLaw (PH) 93 - 2025 LiveLaw (PH) 102]

Pawan Kumar v. State of Haryana and others 2025 LiveLaw (PH) 93

Pritpal Singh v. State of Punjab and others 2025 LiveLaw (PH) 94

Rajpal & Ors. v. District Bar Association Hisar & Ors. 2025 LiveLaw (PH) 95

 LORD SHIVA THE DEITY PRACHIN SHIV MANDIR v. UNION OF INDIA AND OTHERS 2025 LiveLaw (PH) 96

Rajinder Pal Singh Dhaliwal v. General Public and others 2025 LiveLaw (PH) 97

Daulat Ram Bhatti v. State of Punjab [along with connected matters] 2025 LiveLaw (PH) 98

XXXX v. XXXX 2025 LiveLaw (PH) 99

Diksha Kalson v. State of Haryana and others 2025 LiveLaw (PH) 100

XXXXX v. XXXX [FAO-913-2025] 2025 LiveLaw (PH) 101

Gaurav Wadhwa and others v. State of Haryana and others 2025 LiveLaw (PH) 102

Reports

'Liberty Most Precious Possession For Life Convicts, State Cannot Cherry-Pick While Granting Pre-Mature Release': Punjab & Haryana High Court

Title: Pawan Kumar v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 93

The Punjab & Haryana High Court has said that the State cannot indulge in cherry picking and only provide the concession of premature release to a select few out of the pool of similarly situated convicts and such approach is "highly inequities."

Justice Harpreet Sing Brar said, "People from all walks of life hold the idea of liberty close to their heart and have historically done everything in their power to not part from it. For a convict serving a life sentence, liberty has to be the most precious of possessions. It should not be assumed that all convicts when released will unleash revenge onto their prosecutors. The convict's conduct in jail, state of mind, gravity of the offence, social background and behaviour while on parole must be duly considered before deciding upon the question of his premature release."

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall

Title: Pritpal Singh v. State of Punjab and others

Citation: 2025 LiveLaw (PH) 94

Calling it an "exceptional situation", the Punjab & Haryana High Court upheld a trial court order, recalling its bail cancellation order passed on the basis of false statement that the accused failed to join investigation as the particular day was a public holiday.

Haryana District Bar Resolves To Not Work On Saturdays, Punjab & Haryana HC Asks To Approach State Bar Council

Title: Rajpal & Ors. v. District Bar Association Hisar & Ors.

Citation: 2025 LiveLaw (PH) 95

The Punjab & Haryana High Court has asked the petitioners challenging the resolution passed by the General Body of the District Bar Association Hisar resolving that five days week be observed as working days and all Saturdays as no work day, to approach the Bar Council of Punjab & Haryana. Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal said, "There is an inhouse remedy of preferring representation/dispute before the Bar Council of Punjab and Haryana, which can be very well availed by the petitioners."

Punjab & Haryana HC Orders Opening Of Sealed Entrance Of Shiv Temple To Avoid Stampede On Shivratri, Supervision By Chandigarh Police

Title: LORD SHIVA THE DEITY PRACHIN SHIV MANDIR v. UNION OF INDIA AND OTHERS

Citation: 2025 LiveLaw (PH) 96

The Punjab & Haryana High Court has directed to open the sealed main entrance of a Prachin Shiv Temple on account of Maha Shivratri, to avoid any incident of stampede on the occasion and directed the supervision of Chandigarh Police.

The Court had earlier directed that the Military force would supervise the entire crowd, however,r the order was today modified and the Court asked DSP Chandigarh to provide the manpower.

Mere Admission Of Signature On Paper Does Not Amount To Admission Of Will; Must Be Proven That Testator Was Aware Of Its Contents: Punjab & Haryana HC

Title: Rajinder Pal Singh Dhaliwal v. General Public and others

Citation: 2025 LiveLaw (PH) 97

The Punjab & Haryana High Court has made it clear that mere admission of signatures on a paper does not amount to admission of Will; in order to prove that the Will was executed by the testator, the propounder has to lead evidence of unimpeachable character." Justice Pankaj Jain said, "Mere admission of signatures on a paper does not amount to admission of Will... Will in law is a unique document which speaks after the death of testator. The judicial conscience needs to be satisfied that testator signed the WILL being aware of its contents. In order to prove that the Will was in fact executed by the testator, the propounder has to lead evidence of unimpeachable character."

Unilateral Conditions Imposed By State On Land Allotee Violate Constitutional Right To Property: Punjab & Haryana High Court

Title: Daulat Ram Bhatti v. State of Punjab [along with connected matters]

Citation: 2025 LiveLaw (PH) 98

The Punjab & Haryana High Court has made it clear that the Punjab Government's Greater Mohali Area Development Authority (GMADA) could not unilaterally alter contractual terms or impose extra charges not specified in the original allotment scheme.

“Classic Example Of Kalyug”: P&H High Court Slams Son For Plea Challenging ₹5K Maintenance Awarded To Mother, Imposes ₹50K Costs

Title: XXXX v. XXXX

Citation: 2025 LiveLaw (PH) 99

Observing that it is a classic "example of Kalyug" which has "shaken the conscience" of the Court, Punjab & Haryana High Court imposed a cost of Rs.50,000 on a son who challenged the order to pay Rs.5000 to his mother as maintenance amount.

Justice Jasgurpreet Singh Puri said, "It actually shocks the conscience of this Court whereby the son has chosen to file the present petition against his own mother challenging fixation of maintenance of Rs.5,000/- although he succeeded the property of his father and the old age mother of 77 years does not have any source of income and has been living with her daughter who is married and is staying in her matrimonial home."

'No Violation Of Constitutional Rights': High Court Refuses To Interfere With Haryana Civil Judge Rule Prohibiting Re-Evaluation Of Answer Sheet

Title: Diksha Kalson v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 100

The Punjab & Haryana High Court on Friday (February 28) refused to interfere with a clause in an advertisement for recruitment of Haryana Civil Judge whereby re-evaluation of answer was prohibited, observing that no violation of constitutional right was proved.

The Court dismissed a plea moved by an unsuccessful candidate seeking re-evaluation of mains-answer sheet who was short of 1.9 marks from qualifying the mains exam in the scheduled caste category in which she had applied.

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Title: XXXXX v. XXXX [FAO-913-2025]

Citation: 2025 LiveLaw (PH) 101

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family.

The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his family and insulted and abused him in this regard. The wife and her father was although acquitted in the criminal case pertaining to offences punishable under Sections 306 read with Section 34 of the IPC, yet the husband has been able to make out a case for grant of decree of divorce on the ground of cruelty.

Differentiating Employees For Transfer On Age Basis Reasonable; Elder Ones Have Family Responsibility, Health Issues: Punjab & Haryana HC

Title: Gaurav Wadhwa and others v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 102

The Punjab and Haryana High Court has upheld the Online Transfer Policy, 2023 of Haryana Government for State Agriculture Marketing Board, challenged under Article 14 of the Constitution on various grounds including that the elderly employees are given preference for favourable transfers.

Other Development

Unfair To Give Police Protection Upon Payment, Undermines Idea Of Justice & Privileges Wealthy Over Vulnerable: HC Seeks Punjab DGP's Affidavit

Title: BALJINDER KAUR AND ANR VS STATE OF PUNJAB AND ORS

The Punjab & Haryana High Court has criticised the State's Security Policy for providing police protection on making requisite payment, observing that It is inherently unfair for the financially well-off individuals to receive police protection simply because they can afford it. Justice Harpreet Singh Brar said, "It is inherently unfair for the financially well-off individuals to receive police protection simply because they can afford it, as this creates a two-tiered justice system that privileges the wealthy over the vulnerable."

Committee For Granting Leave To MPs From Attending Lok Sabha Session Constituted: Centre Tells Punjab & Haryana HC In Amritpal's Plea

Case Title: Amritpal Singh v. UNION OF INDIA

The Union Government informed the Punjab and Haryana High Court on Tuesday (February 25) that a committee for granting leave to Member of Parliaments (MP) from attending sessions of the house has been constituted which comprises of 14 members.

Punjab & Haryana HC Directs NCB, CBI To Conduct Randomised Raids To Ensure Prohibited Drugs Are Not Sold Without Prescription By Chemists

Title: SAHAB SINGH @ SABA V/S STATE OF HARYANA

The Punjab & Haryana High Court has directed the Central Agencies Central Bureau of Investigation (CBI) and Narcotics Control Bureau (NCB) to conduct random raids at the medical stores/chemists who are selling prohibited drugs without a valid prescription from a duly qualified medical practitioner.

Justice Deepak Sibal and Justice Harpreet Kaur Jeewan said, "We direct CBI/NCB to take effective steps/conduct random raids to ensure that no drugs which, in law, cannot be sold across the counter by retailers/chemists without a valid prescription from a duly qualified medical practitioner are sold."

Cyber Fraud Of ₹474 Crores Reported In Punjab: HC To Decide Accountability Of Financial Losses Suffered By Victims When Accused Is Untraceable

Title: Dr.Karamjeet Singh Vs. State of Punjab & others

Taking note of the Punjab Government's report that cyber fraud of Rs.474.49. crores have been reported in State in 1 year, the Punjab & Haryana High Court to decide the accountable for the financial losses suffered by victims in cases where accused is not traceable.

The Report revealed that in Punjab, cyber frauds have been reported to the tune of Rs.474.49 crore and out of that, "a meager amount of Rs.68.96 lakh has been recovered so far."

Ensure Compliance With All Mandatory Provisions Of Mental Health Care Act: Punjab & Haryana High Court Directs States

Title: PUSHPANJALI TRUST V/S STATE OF PUNJAB AND OTHERS

The Punjab & Haryana High Court has directed both states to ensure compliance with all the mandatory provisions of the Mental Health Care Act, 2017. Chief Justice Sheel Nagu and Justice Sumeet Goel said, "Looking to the urgency of the matter, the State of Punjab as also State of Haryana are directed to ensure compliance of all the mandatory provisions of the Mental Health Care Act, 2017 and file a compliance affidavit of the Chief Secretaries of the respective States before the next date of hearing."

“Do Installed Calling Systems Match Number Of Inmates, Has Illegal Mobile Phone Use In Jails Reduced?” HC Asks Punjab Govt For Affidavit

Title: COURT ON ITS OWN MOTION V/S STATE OF PUNJAB AND OTHERS

The Punjab & Haryana High Court has asked the Punjab Government to state on affidavit the number of calling system machines installed in jails across the state and whether there has been any reduction in the unauthorized use of the mobile phones by the inmates over the last three months.