Punjab & Haryana High Court Weekly Round Up: August 15- August 21, 2022

Nominal Index

Avnish Kumar Sharma @ Avinish Versus State of Haryana 2022 LiveLaw (PH) 225

Sidak Singh Sandhu v. U.T. Chandigarh And Another 2022 LiveLaw (PH) 226

New India Assurance Company Limited versus Ravinder Kumar @ Vickey and others 2022 LiveLaw (PH) 227

Gaurav Raheja VERSUS State of Punjab and another 2022 LiveLaw (PH) 228

Sukhdev Singh and Others Versus Jaswinder Kaur 2022 LiveLaw (PH) 229

Navjot Singh @ Jota Versus State Of Punjab 2022 LiveLaw (PH) 230

Nominal Index

[POCSO Act] Highly Improbable That Minor Who Is Sexually Abused By Her Teacher Would Not Complain To Her Parents/ Friends: P&H High Court

Case Title: Avnish Kumar Sharma @ Avinish Versus State of Haryana

Citation: 2022 LiveLaw (PH) 225

The Punjab and Haryana High Court recently acquitted a school teacher charged and sentenced under the POCSO Act, stating that it is highly improbable that a minor girl who has been sexually abused by her teacher on more than one occasion would not disclose this factum either to her parents or her teacher or any of her class fellows.

Covid Lockdown Violation: Punjab & Haryana HC Acquits Foreign-Return U/S 269 IPC In Absence Of Material To Show He Had Any Infectious Disease

Case Title : Sidak Singh Sandhu v. U.T. Chandigarh And Another

Citation: 2022 LiveLaw (PH) 226

Punjab and Haryana High Court recently quashed an FIR registered under Sections 188, 269 and 270 of the Indian Penal Code, 1860 (IPC) wherein the petitioner was apprehended by the Police for not informing Chandigarh Administration about his arrival from Canada, or getting in isolation or home quarantine during the period of Covid-19 lockdown in the country.

Insurance Company Not To Deduct TDS On Interest On Compensation Awarded To The Claimant Till 01.06.2015 : Punjab & Haryana High Court

Case Title: New India Assurance Company Limited versus Ravinder Kumar @ Vickey and others

Citation: 2022 LiveLaw (PH) 227

The Punjab and Haryana High Court has ruled that the Insurance Company is not required to deduct TDS on the interest on the compensation awarded to the claimant uptil 01.06.2015, even if the interest amount exceeds Rs. 50,000 per claimant in the financial year.

The Single Bench of Justice Arvind Singh Sangwan reiterated that 194A of Income Tax Act, 1961 is not a charging provision and hence, the provisions of Section 194A that deal with tax deducted at source, do not make the interest income chargeable to tax if it is otherwise not taxable.

Judicial Order Refusing Permission To Travel Abroad Is "Interlocutory" In Nature & Not Revisable, Can Be Challenged U/S 482 CrPC: Punjab & Haryana HC

Case Title: Gaurav Raheja VERSUS State of Punjab and another

Citation: 2022 LiveLaw (PH) 228

The Punjab and Haryana High Court has held that a judicial order refusing permission to travel abroad would qualify as an "interlocutory order" and thus, revision against the same is barred under Section 397(2) of CrPC. The provision states that powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial, or other proceedings.

Case Title: Navjot Singh @ Jota Versus State Of Punjab

Citation: 2022 LiveLaw (PH) 229

Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset, and, sunrise.

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court

Case Title: Sukhdev Singh and Others Versus Jaswinder Kaur

Citation: 2022 LiveLaw (PH) 230

Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent.