'Age Gap Between Boy & Girl Significant Factor Which Law Didn't Address': P&H High Court Suspends Sentence Of Minor Convicted Under POCSO

The Punjab and Haryana High Court has suspended the sentence of a convict sentenced to 20 years' imprisonment under Section 4(2) of the POCSO Act, noting that both the accused and the victim were minors at the time of the incident, the age gap between them was minimal, and the appeal is not likely to be heard in the near future.A division bench of Justice Anoop Chitkara and Justice Sukhvinder Kaur said, "an analysis of the allegations indicates that the coitus, if any, was consensual; there is...

Appointment Letter For Police Recruitment Can't Be Rescinded Over Non-Disclosure Of FIR Cancelled Before Application: P&H High Court

The Punjab and Haryana High Court has set aside the cancellation of appointment of a Haryana Police constable whose candidature was terminated for allegedly not disclosing an FIR that had already been cancelled by the trial court prior to submission of the application and attestation form.Justice Jagmohan Bansal referring to Punjab Police Rules (as applicable to Haryana) said, "There is no sub- column mandating the candidates to disclose status of an FIR which has already been cancelled. Column...

Punjab & Haryana High Court Asks Centre To Expeditiously Clear Punjab Mental Health Act Rules

The Punjab & Haryana High Court has directed the Central Government to ensure that the approval process for Punjab Mental Health Act Rules is completed as expeditiously as possible, preferably within a period of six weeks. The Court further expected the State of Punjab to actively expedite and assist the Central Government in the approval process.A bench of Chief Justice Sheel Nagu...

Anticipatory Bail Granted On Settlement Can Be Cancelled If Compromise Is Breached: P&H High Court

Holding that an accused cannot secure anticipatory bail on the strength of a compromise and later resile from solemn undertakings made to the Court, the High Court has recalled an anticipatory bail order granted in 2022, observing that such conduct amounts to misuse of judicial leniency and breach of judicial trust.Justice Sumeet Goel said, "This Court takes judicial notice of a burgeoning...

Ex-Serviceman Re-Employed On Contractual Basis Not Entitled To Civil Pension: Punjab & Haryana High Court

Dismissing a writ petition filed by an ex-serviceman seeking pensionary benefits for his civil re-employment, the High Court has held that pension cannot be claimed merely on the basis of long duration of service, unless the appointment is substantive, permanent, and governed by rules providing for pension.Justice Harpreet Singh Brar said, "Since the very inception, the petitioner was well...

Motor Accident Compensation Can Be Enhanced Even In Insurer's Appeal; Fair Compensation Is Paramount: Punjab & Haryana High Court

Dismissing an appeal filed by the insurance company against a motor accident compensation award, the Punjab & Haryana High Court has reiterated that courts exercising jurisdiction under the Motor Vehicles Act are duty-bound to award just and fair compensation, even if it results in enhancement of the award in the absence of any cross-objection or cross-appeal by the claimants.Justice...

Pay Fixation Claim Raised Decades Later After Retirement Barred By Delay & Laches: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed a plea seeking refixation of pay and consequential retiral benefits, holding that a claim raised decades after the alleged cause of action and nearly seven years after retirement is barred by delay and laches.Justice Harpreet Singh Brar noted, "the petitioner has approached this Court after a considerable lapse of time. The alleged wrong...

Mere Allegation Of Influence Of Local Lawyer No Ground For Transfer Of Case: Punjab & Haryana High Court

While dismissing a plea for transfer of case from one district to another, the Punjab & Haryana High Court made it clear that the applicant has to pin point the circumstances, under which, he gathers impression that justice will not be done, mere apprehension against a lawyer is not sufficient.The transfer plea was filed on the ground that respondent is a local advocate in the same...

'Monarchical' Exercise Of Power Has No Place In Constitutional Governance: P&H High Court Slams Arbitrary Cancellation Of Confirmed Auction

Observing that unreasoned, cryptic orders reflect a “lingering hangover of monarchical practices” incompatible with constitutional governance, the Punjab and Haryana High Court has dismissed a Second Appeal filed by the Punjab Government, holding that cancellation of a confirmed public auction by a one-word order without notice or hearing is arbitrary, unconstitutional and violative...

Consensual Relationship Turning Sour Can't Be Treated As Rape: Punjab & Haryana High Court Quashes FIR

The Punjab and Haryana High Court has quashed an FIR registered under Sections 376 (rape) and 420 (cheating) IPC, holding that a failed consensual relationship, which does not culminate in marriage due to temperamental differences, cannot be converted into a criminal prosecution.Justice Alok Jain said, "the present FIR seems to be an abuse of process of law, as it is apparent that both...

Advocate Accused Of Demanding ₹30 Lakh Bribe To Influence Judicial Officer Not Entitled To Bail: Punjab & Haryana High Court

The Punjab and Haryana High Court has dismissed a regular bail plea filed by an Advocate accused of demanding illegal gratification of ₹30 lakh for allegedly influencing a judicial officer to secure a favourable order in a divorce case, holding that the allegations strike at the very foundation of the justice delivery system and warrant a cautious approach.Justice Sumeet Goel said, "In...

'Blatant Loot & Plunder Of Natural Resources': P&H High Court Flags Illegal Mining In Aravalli Hills, Seeks Chief Secy's Affidavit

The Punjab and Haryana High Court has expressed grave concern over large-scale illegal mining in Village Pichopa Kalan, District Charkhi Dadri, observing that the matter has far-reaching ramifications for ecology, environment and public interest, going well beyond the inter se disputes between private parties.Justice Ashwani Kumar Mishra and Justice Rohit Kapoor perusing the drone survey...