Punjab and Haryana High Court Monthly Digest: June, 2022

Drishti Yadav

4 July 2022 11:29 AM IST

  • Punjab and Haryana High Court Monthly Digest: June, 2022

    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

    1. Jaswant Kaur v. Lakhwinder Singh and others 2022 LiveLaw (PH) 125
    2. Bhakra Beas Management Board & another Versus Jagdish Ram 2022 LiveLaw (PH) 126
    3. Ayyub Khan and Anr VERSUS Pratap Gurjar and Ors. 2022 LiveLaw (PH) 127
    4. Rohtash @ Raju v. State of Haryana 2022 LiveLaw (PH) 128
    5. Lawrence Bishnoi v. State of Punjab and others 2022 LiveLaw (PH) 129
    6. Malook Singh v. State of Punjab 2022 LiveLaw (PH) 130
    7. Manpreet Kaur Versus Gurbaksh Singh 2022 LiveLaw (PH) 131
    8. Mukesh Mittal Versus National Faceless Assessment Centre and others 2022 LiveLaw (PH) 132
    9. Ishiqa @ Yashika Vs State of Haryana and others 2022 LiveLaw (PH) 133
    10. Om Roj v. Haryana Staff Selection Commission and Ors.| CWP-2667-2022 | 28 April 2022 2022 LiveLaw (PH) 134
    11. Jaswinder Singh @ Jass VERSUS State of Punjab 2022 LiveLaw (PH) 135
    12. Ghanso @ Kalo v. State of Punjab 2022 LiveLaw (PH) 136
    13. Rohit @ Mirchi Versus State of Haryana 2022 LiveLaw (PH) 137
    14. Kanta Devi and Others versus Paripuran Singh and Others 2022 LiveLaw (PH) 138
    15. Phool Singh and Another versus Amit Kumar and Others 2022 LiveLaw (PH) 139
    16. Rajnandini Metal Ltd. Versus Union Of India 2022 LiveLaw (PH) 140
    17. Robin Gupta v. MS Stratford Educational Management Pvt Ltd And Others 2022 LiveLaw (PH) 141
    18. Raj Kumar v. State of Haryana and Others 2022 LiveLaw (PH) 142
    19. 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
    20. Ashok Kumar Versus State of Haryana 2022 LiveLaw (PH) 144
    21. Dhanpreet Singh And Anr V. State Of Punjab 2022 Livelaw (Ph) 145
    22. Satpal And Others Versus State Of Punjab And Others 2022 Livelaw (Ph) 146
    23. M/s SGM Packaging Industries versus M/s Goyal Plywood LLP 2022 LiveLaw (PH) 147
    24. Smt. Satya Roopa Sinha v. Sarwan Kumar Mehto 2022 LiveLaw (PH) 148
    25. Deepali Sharma and another Versus Sub Divisional Magistrate cum Land Acquisition Collector, Mohali and another 2022 LiveLaw (PH) 149
    26. Union of India and others v. Neeraj Mor 2022 LiveLaw (PH) 150
    27. Bhunesh v State of Haryana 2022 LiveLaw (PH) 151
    28. Yashpal Gulati v. Kulwinder Kaur and Others 2022 LiveLaw (PH) 152
    29. Som Dutt v. Babita Rani 2022 LiveLaw (PH) 153
    30. Krishan v. State of Haryana 2022 LiveLaw (PH) 154
    31. Mrs. Manjit Kaul Versus Mr. Anil Kumar 2022 LiveLaw (PH) 155
    32. Deen Mohd. Versus State of Haryana 2022 LiveLaw (PH) 156
    33. Gulam Deen and another v. State of Punjab and others 2022 LiveLaw (PH) 157
    34. Neelam Kumari Versus Chief Administrator, Haryana Shehri Vikas Pradhikaran, Panchkula & another 2022 LiveLaw (PH) 158
    35. Ajaib Singh v. State of Punjab 2022 LiveLaw (PH) 159
    36. Pooja Rani v. State of Punjab and Others 2022 LiveLaw (PH) 160
    37. Dr. Sangeeta Aggarwal and others v. State of Punjab and others 2022 LiveLaw (PH) 161
    38. Rajeev Kumar v. State of Haryana 2022 LiveLaw (PH) 162
    39. Harjit Singh v. State of Punjab and Others 2022 LiveLaw (PH) 163
    40. Kanwalpreet Singh Kalra Versus State of Punjab & another 2022 LiveLaw (PH) 164

    Widow Can't Claim Inheritance Of Property Through Natural Succession If Husband Was Not Owner Of Suit Land On Date Of His Death: P&H High Court

    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.

    'Similarly Situated': Punjab & Haryana HC Upholds Single Judge Order Retrospectively Granting Promotional Benefit To Employee At Par With Junior

    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.

    Punjab & Haryana High Court Modifies MACT Order, Permits Release Of Compensation Amount From 3 Yrs Fixed Deposit To Claimant

    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.

    NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court

    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.

    "Premature": Punjab & Haryana HC Dismisses Lawrence Bishnoi's Plea Filed Over Apprehension Of Fake Encounter By Punjab Police

    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.

    NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail

    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.

    Mere Small Distance No Reason To Transfer Matrimonial Suit, Wife Can Instruct Her Counsel Whenever Her Presence Is Not Essential: Punjab & Haryana HC

    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.

    Natural Justice: Punjab & Haryana High Court Sets Aside Re-Assessment Order Stating Reasonable Time Ought To Be Given To Respond To Show Cause

    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.

    Punjab & Haryana HC Grants ₹95 Lakh Compensation To Minor Who Got Electrocuted From Live Wire Lying On Street, Resulting In Amputation Of Arms

    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.

    Taking Away The Right Of Candidate To Be Considered In General Category If He Is Not Found Entitled To Reservation Sought By Him Violative Of Article14,16:P&H HC

    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.

    NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court

    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.

    Rigors Of S.37 NDPS Act Can Be Relaxed In Cases Involving Commercial Quantity If There Is Delay In Conclusion Of Trial: Punjab & Haryana High Court

    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.

    Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested

    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.

    Additional Issues If Necessary Can Be Framed At Any Point Of Time In Trial: Punjab & Haryana High Court

    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.

    Unregistered Agreement To Sell Being In Contravention Of Registration Act Can't Be Accepted For Establishing Possession Of Property: P&H High Court

    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.

    Constitutional Court Not Constrained By Procedural Law Unless There Is Specific Prohibition: Punjab & Haryana High Court

    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.

    Municipal Body Can't Take Pre-Emptive Action Against Alleged Illegal Construction On Lease Land During Pendency Of Suit: P&H High Court

    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.

    National Highways Act, 1956 | Disputes Regarding Compensation Payable For Land Acquisition Must Be Referred To Arbitration: Punjab & Haryana HC

    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.

    Filing Successive Anticipatory Bail Applications Without Substantive Change In Circumstances Is 'Abuse Of Process': P&H High Court Imposes 50K Cost

    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.

    Factories Act Is Not In Substitution Of Any Other Statute, Does Not Override Indian Penal Code: Punjab & Haryana High Court

    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.

    S.47-A(3) Of Indian Stamp Act Permits Collector To Issue Suo Motu Notice Within 3 Yrs From Date Of Registration Of Instrument: Punjab & Haryana HC

    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).

    Even In The Absence Of An Arbitration Agreement, The Matter Can Be Referred To Arbitration Under Section 18 Of The MSMED Act: Punjab And Haryana High Court

    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).

    Determination Of Paternity Not Moot Point When Factum Of Marriage Itself Is Disputed: P&H High Court Sets Aside Order For DNA Test In Maintenance Plea

    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.

    Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC

    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.

    Unscrupulous Litigants Withdraw Anticipatory Bail Plea To Avoid Dismissal & File Successive Pleas, Waste Judicial Time: Punjab & Haryana HC

    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.

    O7 R11 CPC | Plaint Can Be Rejected Only When Court Comes To "Definite Conclusion" That Suit Is Not Maintainable/ Barred Under Law: P&H High Court

    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.

    Can Presume Marriage Has Broken Down If Separation Has Continued For Long & One Of Parties Move Divorce Plea: Punjab & Haryana HC

    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.

    Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail

    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.

    Defamation Suit Filed With Quantified Damages Amounts To 'Money Suit'; Plaintiff Required To Pay Ad-Valorem Court Fee: Punjab & Haryana High Court

    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.

    Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court

    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.

    Muslim Girl Over 15 Yrs Of Age Can Enter Into Marriage With Person Of Her Choice: Punjab & Haryana High Court

    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.

    'To Ensure Transparency In Allotment': Punjab & Haryana High Court Approves Auction Policy Providing Non-Disclosure Of Reserved Price

    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.

    Punjab & Haryana HC Denies Anticipatory Bail To Father Allegedly Conniving With Son Who Married Multiple Times Without Divorcing Disabled Spouse

    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.

    Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court

    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.

    Acquiescence, Delay & Laches Are Grounds To Dismiss Claim Sought To Be Raised At Belated Stage: Punjab & Haryana High Court

    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.

    'Arnesh Kumar' Guidelines For Arrest Applicable To Offences Punishable With Less Than 7 Yrs Imprisonment: Punjab & Haryana High Court

    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.

    NI Act | Jurisdiction U/S 482 CrPC Can't Be Invoked To Circumvent Due Procedure Of Law: Punjab & Haryana High Court

    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.

    Girls Attaining Pinnacle Of Education Makes Country Proud: P&H High Court Orders Release Of Man's Passport To Travel Abroad For Daughter's Convocation

    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

    [Sidhu Moosewala Murder] How Did Information On Security Withdrawal Come Into Public Domain?: HC Seeks Punjab Govt's Reply

    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.

    FIR Against Raveena Tandon, Farah Khan, Bharti Singh Over "Backbenchers" Show: High Court Directs Punjab Police To Not Take Coercive Steps

    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.


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