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Punjab and Haryana High Court Monthly Digest: June, 2022
Drishti Yadav
4 July 2022 11:29 AM IST
Nominal Index Jaswant Kaur v. Lakhwinder Singh and others 2022 LiveLaw (PH) 125 Bhakra Beas Management Board & another Versus Jagdish Ram 2022 LiveLaw (PH) 126 Ayyub Khan and Anr VERSUS Pratap Gurjar and Ors. 2022 LiveLaw (PH) 127 Rohtash @ Raju v. State of Haryana 2022 LiveLaw (PH) 128 Lawrence Bishnoi v. State of Punjab and others...
Nominal Index
- Jaswant Kaur v. Lakhwinder Singh and others 2022 LiveLaw (PH) 125
- Bhakra Beas Management Board & another Versus Jagdish Ram 2022 LiveLaw (PH) 126
- Ayyub Khan and Anr VERSUS Pratap Gurjar and Ors. 2022 LiveLaw (PH) 127
- Rohtash @ Raju v. State of Haryana 2022 LiveLaw (PH) 128
- Lawrence Bishnoi v. State of Punjab and others 2022 LiveLaw (PH) 129
- Malook Singh v. State of Punjab 2022 LiveLaw (PH) 130
- Manpreet Kaur Versus Gurbaksh Singh 2022 LiveLaw (PH) 131
- Mukesh Mittal Versus National Faceless Assessment Centre and others 2022 LiveLaw (PH) 132
- Ishiqa @ Yashika Vs State of Haryana and others 2022 LiveLaw (PH) 133
- Om Roj v. Haryana Staff Selection Commission and Ors.| CWP-2667-2022 | 28 April 2022 2022 LiveLaw (PH) 134
- Jaswinder Singh @ Jass VERSUS State of Punjab 2022 LiveLaw (PH) 135
- Ghanso @ Kalo v. State of Punjab 2022 LiveLaw (PH) 136
- Rohit @ Mirchi Versus State of Haryana 2022 LiveLaw (PH) 137
- Kanta Devi and Others versus Paripuran Singh and Others 2022 LiveLaw (PH) 138
- Phool Singh and Another versus Amit Kumar and Others 2022 LiveLaw (PH) 139
- Rajnandini Metal Ltd. Versus Union Of India 2022 LiveLaw (PH) 140
- Robin Gupta v. MS Stratford Educational Management Pvt Ltd And Others 2022 LiveLaw (PH) 141
- Raj Kumar v. State of Haryana and Others 2022 LiveLaw (PH) 142
- National Highway Authority of India Versus The Competent Authority, Land Acquisition-cum-District Revenue Officer, Ludhiana and others, with connected matters 2022 LiveLaw (PH) 143
- Ashok Kumar Versus State of Haryana 2022 LiveLaw (PH) 144
- Dhanpreet Singh And Anr V. State Of Punjab 2022 Livelaw (Ph) 145
- Satpal And Others Versus State Of Punjab And Others 2022 Livelaw (Ph) 146
- M/s SGM Packaging Industries versus M/s Goyal Plywood LLP 2022 LiveLaw (PH) 147
- Smt. Satya Roopa Sinha v. Sarwan Kumar Mehto 2022 LiveLaw (PH) 148
- Deepali Sharma and another Versus Sub Divisional Magistrate cum Land Acquisition Collector, Mohali and another 2022 LiveLaw (PH) 149
- Union of India and others v. Neeraj Mor 2022 LiveLaw (PH) 150
- Bhunesh v State of Haryana 2022 LiveLaw (PH) 151
- Yashpal Gulati v. Kulwinder Kaur and Others 2022 LiveLaw (PH) 152
- Som Dutt v. Babita Rani 2022 LiveLaw (PH) 153
- Krishan v. State of Haryana 2022 LiveLaw (PH) 154
- Mrs. Manjit Kaul Versus Mr. Anil Kumar 2022 LiveLaw (PH) 155
- Deen Mohd. Versus State of Haryana 2022 LiveLaw (PH) 156
- Gulam Deen and another v. State of Punjab and others 2022 LiveLaw (PH) 157
- Neelam Kumari Versus Chief Administrator, Haryana Shehri Vikas Pradhikaran, Panchkula & another 2022 LiveLaw (PH) 158
- Ajaib Singh v. State of Punjab 2022 LiveLaw (PH) 159
- Pooja Rani v. State of Punjab and Others 2022 LiveLaw (PH) 160
- Dr. Sangeeta Aggarwal and others v. State of Punjab and others 2022 LiveLaw (PH) 161
- Rajeev Kumar v. State of Haryana 2022 LiveLaw (PH) 162
- Harjit Singh v. State of Punjab and Others 2022 LiveLaw (PH) 163
- Kanwalpreet Singh Kalra Versus State of Punjab & another 2022 LiveLaw (PH) 164
Case Title : Jaswant Kaur v. Lakhwinder Singh and others
Citation : 2022 LiveLaw (PH) 125
Punjab and Haryana High Court while dealing with an appeal filed by the widow claiming right over the suit property on the basis of natural succession, held that appellant's husband was not the owner of the suit land on the date of his death, therefore, the question of inheritance of the estate does not arise.
Case Title: Bhakra Beas Management Board & another Versus Jagdish Ram
Citation : 2022 LiveLaw (PH) 126
The Punjab and Haryana High Court recently upheld the order of a single Judge, directing the Bhakra Beas Management Board to give the benefit of 9 years promotional scale to one of its employee, (original petitioner) since the benefit had been extended to a junior.
Case Title: Ayyub Khan and Anr VERSUS Pratap Gurjar and Ors.
Citation: 2022 LiveLaw (PH) 127
The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit. Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR (Civil) 563], where the Supreme Court held that the amount of compensation awarded in favor of the mothers should not be kept in a fixed deposit in a nationalized bank.
Case Title : Rohtash @ Raju v. State of Haryana
Citation: 2022 LiveLaw (PH) 128
The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet.
Case title - Lawrence Bishnoi v. State of Punjab and others
Citation: 2022 LiveLaw (PH) 129
The Punjab and Haryana High Court has dismissed a plea filed by Lawrence Bishnoi in connection with the murder of renowned Punjabi Singer Sidhu Moosewala 29, seeking necessary security arrangements, apprehending a fake encounter by the Punjab Police. Calling the petition 'premature', the Bench of Justice Sureshwar Thakur took into account the submission made by Advocate General, Punjab that Bishnoi has not been nominated as an accused in connection with Moosewala's death, therefore, Bishnoi's apprehensions are completely premature.
Case Title : Malook Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 130
The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Case Title: Manpreet Kaur Versus Gurbaksh Singh
Citation: 2022 LiveLaw (PH) 131
The Punjab and Haryana High Court while dealing with a transfer petition invoking Section 24 of CrPC filed by the wife seeking transfer of matrimonial petition u/s 9 of the Hindu Marriage Act, held that the distance of sixty kilometers between Bathinda and Faridkot is small, hence it is not an overwhelming reason for this Court to order the transfer of the matter.
Case Title: Mukesh Mittal Versus National Faceless Assessment Centre and others
Citation: 2022 LiveLaw (PH) 132
The Punjab and Haryana High Court has held that when a draft assessment order/show cause notice is issued to an assessee, reasonable time ought to be furnished to respond to the notice, so as to comply with the principles of natural justice.
Case Title: Ishiqa @ Yashika Vs State of Haryana and others
Citation: 2022 LiveLaw (PH) 133
The Punjab and Haryana High Court recently directed the Dakshin Haryana Bijli Vitran Nigam to pay compensation of Rs. 95 lakh to the petitioner, a minor girl who got electrocuted from a broken electric pole lying on the street with live electric wires attached to it, resulting in amputation of both arms.
Case Title: Om Roj v. Haryana Staff Selection Commission and Ors.| CWP-2667-2022 | 28 April 2022
Citation: 2022 LiveLaw (PH) 134
The Punjab and Haryana High Court held that in matters pertaining to the appointment to any office under the State, the general category seats are to be filled from the merit list first and thereafter, the reserved category seats are to be allocated as per the assigned quota. Thus, regardless of whether a candidate is found or not found entitled to reservation sought by him, he still has a right to be considered in an open general category as per the intent of Article 16 of the Indian Constitution, Justice Arun Monga held.
Case Title: Jaswinder Singh @ Jass VERSUS State of Punjab
Citation : 2022 LiveLaw (PH) 135
The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension.
Case Title : Ghanso @ Kalo v. State of Punjab
Citation : 2022 LiveLaw (PH) 136
The Punjab and Haryana High Court recently held that on account of delay in the conclusion of trial, rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act can be relaxed to an extent and prayer of the accused for bail can be considered despite that she was found in possession of a commercial quantity of contraband.
Case Title: Rohit @ Mirchi Versus State of Haryana
Citation : 2022 LiveLaw (PH) 137
The Punjab and Haryana High Court, while dealing with a petition seeking regular bail of the accused in FIR relating to physical abuse and abduction of complainant's brother, who later committed suicide, held that the compromise cannot be taken as a ground at this stage for grant of bail.
Case Title: Kanta Devi and Others versus Paripuran Singh and Others
Citation : 2022 LiveLaw (PH) 138
The Punjab and Haryana High Court, while dealing with a petition challenging Trial Court's order vide which application by the plaintiff-petitioners for framing an additional issue was dismissed, held that an additional issue can be framed at any point of time during trial.
Case Title: Phool Singh and Another versus Amit Kumar and Others
Citation : 2022 LiveLaw (PH) 139
The Punjab and Haryana High Court has held that an unregistered agreement to sell, being in contravention of the provisions of the Registration Act, 1908, cannot be accepted by the Court for granting possession in favour of the claimant party.
No Reason To Believe That Input Tax Credit Is Fraudulently Availed: Punjab & Haryana High Court
Case Title: Rajnandini Metal Ltd. Versus Union Of India
Citation : 2022 LiveLaw (PH) 140
The Punjab and Haryana High Court bench of Justices Tejinder Singh Dhindsa and Pankaj Jain has held that there should be reason to believe that the input tax credit available in the Electronic Credit Ledger was obtained fraudulently or that the assesses are ineligible. The relevant officer must record the reasons, and a speaking order must be issued.
Case Title : Robin Gupta v. MS Stratford Educational Management Pvt Ltd And Others
Citation : 2022 LiveLaw (PH) 141
Punjab and Haryana High Court, while dealing with an application for review of a judgment wherein revision petition filed by the plaintiff in an agreement to sell matter was dismissed, held that the Court has sufficient powers under Article 227 of the Constitution of India as well as Section 151 of CPC to prevent the ends of justice from being defeated.
Case Title : Raj Kumar v. State of Haryana and Others
Citation: 2022 LiveLaw (PH) 142
The Punjab and Haryana High Court, while dealing with a petition seeking action against alleged illegal construction raised by private respondent on a land allegedly leased to him by the Municipal Committee, held that since the respondent has already filed a civil suit thus, Municipal Committee was justified in not taking a final action during the pendency of the aforementioned suit.
Case Title: National Highway Authority of India Versus The Competent Authority, Land Acquisition-cum-District Revenue Officer, Ludhiana and others, with connected matters
Citation: 2022 LiveLaw (PH) 143
The Punjab and Haryana High Court recently refused to exercise its writ jurisdiction in a dispute with regard to the assessment of the nature of the land to be acquired by the National Highway Authority of India and its market value. The bench comprising Justice Anil Kshetarpal held that as per the scheme of the National Highways Act, 1956, in case of any dispute, the amount is to be assessed by the Arbitrator, nominated by the Central Government.
Case Title: Ashok Kumar Versus State of Haryana
Citation: 2022 LiveLaw (PH) 144
The Punjab and Haryana High Court has reiterated that filing of successive applications for anticipatory bail by a person apprehending arrest, without substantial change in circumstances, amounts to an abuse of process of Court. Dismissing one such application, Justice Vikas Bahl imposed Rs.50,000/- cost, payable to District Legal Services Authority within a month.
Case Title : Dhanpreet Singh And Anr V. State Of Punjab
Citation: 2022 Livelaw (Ph) 145
The Punjab and Haryana High Court, while dealing with a matter wherein usage of non-updated machinery led to the death of two labourers, held that provision of Factories Act, 1948 are not in substitution but are supplemental to any other Act; and thus they do not override the provisions of the Indian Penal Code.
Case Title: Satpal And Others Versus State Of Punjab And Others
Citation: 2022 Livelaw (Ph) 146
The Punjab and Haryana High Court has held that under Section 47-A of the Indian Stamp Act, if the Collector concerned believes that proper duty has not been paid on a respective property, he may give the person concerned reasonable opportunity of being heard and hold an enquiry under sub section (2).
Case Title: M/s SGM Packaging Industries versus M/s Goyal Plywood LLP
Citation: 2022 LiveLaw (PH) 147
The Punjab and Haryana High Court has ruled that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitration under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act).
Case Title : Smt. Satya Roopa Sinha v. Sarwan Kumar Mehto
Citation: 2022 LiveLaw (PH) 148
Punjab and Haryana High Court while dealing with a revision petition against the order passed by the Family Court, allowing respondent's application seeking DNA test to determine the paternity of the petitioner's child in response to her maintenance petition, held that since the marriage is disputed by the respondent, order of DNA test to determine paternity is not warranted.
Case Title: Deepali Sharma and another Versus Sub Divisional Magistrate cum Land Acquisition Collector, Mohali and another
Citation : 2022 LiveLaw (PH) 149
The Punjab and Haryana High Court while dealing with a writ petition pertaining to land acquisition under the National Highways Act, 1956, has held that Section 3(H)(4) thereof enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court.
Person With Single Testicle Not Unfit To Serve Indian Navy: Punjab & Haryana High Court
Case Title : Union of India and others v. Neeraj Mor
Citation : 2022 LiveLaw (PH) 150
The Punjab and Haryana High Court has held that having 'single testicle' is not a disability that would render a candidate unfit for serving the Indian Navy. In reference to an order passed by the Centre declaring the Respondent herein unfit for enrolment in the Navy for the reason that he has a single testicle, a bench comprising Justice G.S. Sandhawalia and Justice Vikas Suri observed.
Case Title : Bhunesh v State of Haryana
Citation : 2022 LiveLaw (PH) 151
The Punjab and Haryana High Court recently deprecated the practice of filing successive bail applications, without any adequate ground/ change in circumstances. It also voiced concern over the unfortunate trend being adopted by "unscrupulous litigants" in which anticipatory bail is argued and when the Court is about to dismiss the petition, in order to avoid a detailed adverse order, the counsel seeks to withdraw the petition and after some days, without any justification, files a second anticipatory bail petition.
Case Title : Yashpal Gulati v. Kulwinder Kaur and Others
Citation : 2022 LiveLaw (PH) 152
The Punjab and Haryana High Court has held that the power to reject plaint under Order 7 Rule 11 CPC should be exercised only when the Court comes to a "definite conclusion" that the suit is either not maintainable or barred under the law. The bench comprising Justice Anil Kshetarpal added that Order 7 Rule 11 CPC enlists various grounds on which the plaint can be rejected.
Case title - Som Dutt v. Babita Rani
Citation : 2022 LiveLaw (PH) 153
The Punjab and Haryana High Court observed recently that once the parties have separated and separation has continued for a sufficient length of time and any one of them presents a petition for divorce, it can well be presumed that the marriage has broken down.
Case Title : Krishan v. State of Haryana
Citation : 2022 LiveLaw (PH) 154
The Punjab and Haryana High Court recently denied bail to a man, arraigned as an accused in a FIR under the Narcotic Drugs and Psychotropic Substances Act, 1985 and arrested, merely on the basis of a disclosure statement made by a co-accused.
Case Title: Mrs. Manjit Kaul Versus Mr. Anil Kumar
Citation : 2022 LiveLaw (PH) 155
The Punjab and Haryana High Court has held that a suit claiming quantified damages for alleged defamation amounts to a 'money suit' and hence, ad valorem Court-fees would be payable on the amount claimed.
Case Title: Deen Mohd. Versus State of Haryana
Citation : 2022 LiveLaw (PH) 156
The Punjab and Haryana High Court recently upheld a trial court's order denying anticipatory bail to an accused, solely on the ground that he had tried to mislead the Court by concealing facts regarding dismissal of his earlier plea.
Case title - Gulam Deen and another v. State of Punjab and others
Citation : 2022 LiveLaw (PH) 157
The Punjab And Haryana High Court last week granted protection to a Muslim Girl (16 Year Old) who married a Muslim boy (21 year old) while noting that she is of Marriageable Age under Muslim Personal Law.
Case Title: Neelam Kumari Versus Chief Administrator, Haryana Shehri Vikas Pradhikaran, Panchkula & another
Citation : 2022 LiveLaw (PH) 158
The Punjab and Haryana High Court recently upheld the auction policy of Haryana Shehri Vikas Pradhikaran, Panchkula which provided for non-disclosure of the reserved price. The bench comprising Justice Amol Rattan Singh and Lalit Batra held that the reserved price was not disclosed for confidential reasons and to ensure transparency process of allotment via e-auction.
Case Title : Ajaib Singh v. State of Punjab
Citation : 2022 LiveLaw (PH) 159
The Punjab and Haryana High Court while denying anticipatory bail to the father in a case where he was allegedly acting in connivance with his son who solemnized various marriages without getting divorce from his disabled spouse, held that in view of the seriousness of the allegation and to unravel the truth, the custodial interrogation of the petitioner is necessary.
Case Title : Pooja Rani v. State of Punjab and Others
Citation : 2022 LiveLaw (PH) 160
The Punjab and Haryana High Court while dealing with a case of adoption of an unborn child, held that no such provision as to give effect to adoption of an unborn child is envisaged under the Hindu Adoptions and Maintenance Act, 1956.
Case Title : Dr. Sangeeta Aggarwal and others v. State of Punjab and others
Citation : 2022 LiveLaw (PH) 161
The Punjab and Haryana High Court recently reiterated that the law helps those who are vigilant about their rights and not those who sleep over it. The bench comprising Justice G.S. Sandhawalia and Justice Vikas Suri further added that acquiescence, delay and laches are well recognised exceptions to dismiss the claim sought to be raised at a belated stage.
Case Title : Rajeev Kumar v. State of Haryana
Citation : 2022 LiveLaw (PH) 162
The Punjab and Haryana High Court has observed that directions passed by the Supreme Court in Arnesh Kumar v. State of Bihar with respect to procedure for arrest shall be applicable to offences punishable with less than or up to seven years of imprisonment.
Case Title : Harjit Singh v. State of Punjab and Others
Citation : 2022 LiveLaw (PH) 163
In a case relating to dishonour of cheque wherein the limitation period for invoking proceedings under Section 138 of the Negotiable Instruments Act had elapsed, the Punjab and Haryana High Court held that the Petitioner cannot invoke Section 482 of CrPC seeking directions to indirectly restore the said right.
Case Title: Kanwalpreet Singh Kalra Versus State of Punjab & another
Citation : 2022 LiveLaw (PH) 164
The Punjab and Haryana High Court recently came to the rescue of a father precluded from attending his daughter's convocation at a foreign University, on account of impounding of his passport due to pendency of a criminal case against him.
Other Developments
Case Title - Om Prakash Soni v. State Of Punjab And Ors.
The Punjab and Haryana High Court on Monday asked the Punjab State Government as to how the list of persons whose security was withdrawn by it, came out in the public domain. The State Government has been asked to respond to the Court's query by June 2.
Case Title: Raveena Tandon & Ors v State of Punjab & Ors| CRM M 44189 of 2021
The Punjab & Haryana High Court on Wednesday directed the Punjab Police to not take any coercive steps against Bollywood actress Raveena Tandon, filmmaker Farah Khan, comedian Bharti Singh, Screen Player, Writer Abbas Aziz Dalal & Frames Production in connection with a FIR lodged against them for allegedly hurting religious sentiments during a web show titled as 'Backbenchers' released by Flipkart.