Punjab & Haryana High Court Weekly Roundup: August 1 To August 7, 2022

Laxmi Educational Society, Manesar and others Versus State of Haryana and others 2022 LiveLaw (PH) 210

Siriya (now deceased) through his LRs Versus Tulsi Puri (now deceased) through his LRs 2022 LiveLaw (PH) 211

Jaswinder Singh Versus State Of Haryana 2022 LiveLaw (PH) 212

Shri Jainendra Gurukul Panchkula through its Secretary Versus Dev Raj 2022 LiveLaw (PH) 213

Satpal v. Divisional Forest Officer, Sonepat Division, Sonepat 2022 LiveLaw (PH) 214

Armaan Singh .v. Director, Institute of Law, Kurukshetra University, Kurukshetra and others 2022 LiveLaw (PH) 215

ROUND-UP

1. Grant Of NOC For Land Use Does Not Give Immunity To Landowner Against Acquisition, Principle Of Promissory Estoppel Not Attracted: P&H High Court

CASE TITLE: Laxmi Educational Society, Manesar and others Versus State of Haryana and others CWP No. 2734 of 2007

Citation: 2022 LiveLaw (PH) 210

The Punjab and Haryana High Court recently made certain important observations as to the non-applicability of promissory estoppel against government on grant of NOC with respect to land use, vis-a-vis a subsequent acquisition for "public purpose" under the Land Acquisition Act, 1894. It held that there is nothing which could impinge upon State's power to acquire licenced property in larger public interest.

2. One Owner Out Of Co-Owners Can Seek Possession Of Entire Joint Land As Agent Of Other Co-Owners: Punjab & Haryana High Court

Case Title: Siriya (now deceased) through his LRs Versus Tulsi Puri (now deceased) through his LRs

Citation: 2022 LiveLaw (PH) 211

Punjab and Haryana High Court recently reiterated that any one owner out of the co-owners can seek possession of the entire joint land. The bench comprising Justice Manjari Nehru Kaul further added that such co-owner can seek possession of the entire joint land on his own behalf, in his own right and as an agent of other co-owners.

3. NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court

Case Title: Jaswinder Singh Versus State Of Haryana

Citation: 2022 LiveLaw (PH) 212

The Punjab and Haryana High Court while dealing with a petition against refusal of default bail to an accused under the NDPS Act, directed Director General(s) of Police, to ensure that all the investigating officers in NDPS cases, are completed within 180 days and a report under Section 173 of CrPC is submitted.

4. Subsequent Eviction Petition Based On Changed Circumstances Not Barred By 'Res Judicata': Punjab & Haryana High Court

Case Title: Shri Jainendra Gurukul Panchkula through its Secretary Versus Dev Raj

Citation: 2022 LiveLaw (PH) 213

Punjab and Haryana High Court recently restored trial Court's finding in eviction petition by the landlord and held that second eviction petition is not barred by the principle of res judicata since it was filed on changed circumstances that were not pleaded earlier in the previous petition.

5. [Illegal Termination] Punjab & Haryana High Court Allows Daily Wagers' Plea Against Closing Of Evidence To Prevent "Irreparable Injury"

Case Title : Satpal v. Divisional Forest Officer, Sonepat Division, Sonepat

Citation: 2022 LiveLaw (PH) 214

Punjab and Haryana High Court recently held that if the petitioners, who are daily wagers litigating for their rights, are not allowed to lead their evidence then they would suffer irreparable loss and injury. Accordingly, the bench comprising Justice Alka Sarin directed concerned Labour Court to grant an opportunity to the petitioners who had been working as daily wagers with the respondent for 19 years, to lead their evidence.

6. Kurukshetra University Debars Law Student Accused U/S 307 IPC From Taking Exam Due To Attendance Shortage: PH HC Upholds Its Decision

Case title: Armaan Singh .v. Director, Institute of Law, Kurukshetra University, Kurukshetra and others

Citation: 2022 LiveLaw (PH) 215

The Punjab and Haryana High Court recently upheld the decision of the Institute of Law, Kurukshetra University debarring a law student booked under section 307 IPC (attempt to murder) from appearing in the theory examination of the 10th Semester [BA LLB (Honours) course].