S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12(5) of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter.Brief FactsThis petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') for constitution of an independent and impartial Arbitral Tribunal.A bid submitted by the petitioner for...

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder

The Punjab and Haryana High Court upheld the conviction in a double murder case wherein the convict was sentenced to life for shooting his mother-in-law and brother-in-law dead in 2012.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the non proof of motive by the prosecution looses its vigour, thus on the ground, that the motive may be required to be proven in a prosecution cases rested upon circumstantial evidence, but may not acquire any efficacious proof qua thereto becoming...

'Flooded With Litigations Where Innocent Families Are Financially Exploited On Promise Of Sending Children Abroad': Punjab & Haryana HC

The Punjab & Haryana High Court rejected bail plea of a man accused of cheating to the tune of Rs.77.89 lakh on the pretext of sending complainants abroad and to procure study visas and work visas.The Court noted that accused person neither sent the complainants abroad nor did they return the advance money.Justice Kirti Singh said, "In recent times, the Courts have been flooded with similar litigation where innocent families have been financially exploited on the promise of sending their...

CCTV Cameras Made Operational In 423 Police Stations, 153 Police Posts All Mandatory Parts Under Surveillance: Punjab DGP To High Court

The Punjab Director General of Police (DGP) has submitted before the Punjab & Haryana High Court that CCTV Cameras have been made operational in 423 Police Stations (except one Women Police Station at Malerkotla), 31 CIA Staff premises and 153 Police Posts.The development came after the single bench of Justice N.S. Shekhawat had earlier directed the Punjab DGP to file his personal affidavit with regard to installation of CCTV cameras in police stations, in compliance with Supreme...

P&H HC Declares Provisions Of Ex-Servicemen Rules Limiting Benefits To Those Appointed To Civil Posts After January 2012 As Unconstitutional

The Punjab & Haryana High Court has declared the provisions of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2012 and 2018, ultra vires of the Constitution which limited the benefits of pension and increments to ex-servicemen appointed to civil posts after January 1, 2012, and denied arrears for periods prior to that date.Justice Sureshwar Thakur and Justice Sudeepti...

'Follow Rule Of Law', High Court Directs Rohtak Municipal Corporation To Remove Statue Of Former Minister From Public Land

The Punjab & Haryana High Court has directed the Municipal Corporation of Haryana's Rohtak to follow the rule of law as per the Apex Court ruling whereby installation of statues on public lands has been prohibited.Chief Justice Sheel Nagu and Justice Anil Kshetarpal was hearing a Public Interest Litigation (PIL) seeking removal of the statute of Sri Krishan Dass Goel (father of Manmohan...

Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED": Punjab & Haryana HC Quashes Unreasoned Custodial Interrogation Order

The Punjab and Haryana High Court has cautioned the Judicial Officers deployed at Special PMLA Courts to not act as an "extended arm" of the central investigating agency Enforcement Directorate, by passing orders of remand against the suspect as a matter of course.Stating so, it set aside a Special Court's "routine order" granting ED custody for custodial interrogation of accused Balwant Singh...

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. Such an issue will have to be examined by the arbitral tribunal under section 16 of the Act.. Brief Facts This petition has been filed under Section 11 of...

Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute

The Punjab and Haryana High Court bench of Justices Arun Palli and Vikram Aggarwal has reiterated that the scope of interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, is narrow, and the appellate jurisdiction under Section 37 is even more circumscribed. The court reiterated that jurisdiction under Section 34 and Section 37 of the Act is not akin...

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several deficiencies in the...

High Court Seeks Status Of Forensic Labs Upgradation From Punjab Home Secretary

The Punjab & Haryana High Court has sought affidavit from Punjab's Home Secretary on action plan for upgradation of the Forensic Science Laboratory (FSL) in the region.The development came after the Court while dealing with the bail pleas found that CCTV footage provided by the petitioner could not be examined due to lack of facility at FSL, Punjab, SAS Nagar, Mohali.Justice Sandeep...

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC

The Punjab and Haryana High Court has acquitted a murder case convict after finding that the prosecution case was not reliable and the testimony of eye-witness was not credible.Justice Sureshwar Thakur and Justice Sudeepti Sharma said the the eyewitness account who is unknown to the accused is not credible if he directly identified him in the Court, without prior test identification...