Supreme Court Colleguim Recommends Appointment Of P&H HC Judge Justice Arun Palli As Chief Justice Of J&K&L HC

Supreme Court Colleguim on Saturday recommended appointment of Justice Arun Palli, Judge, High Court of Punjab & Haryana, as Chief Justice of High Court of Jammu & Kashmir and Ladakh.Justice Palli was designated as a Senior Advocate on April 26, 2007. He served as Amicus Curiae in various contentious matters before the High Court, addressing diverse subjects and legal propositions before both Division and Full Benches. He also appeared before the Supreme Court and the Delhi High...

Rule Of Law Is A Constitutional Pillar, Allowing State To Breach Contracts Would Make It Ineffective: P&H High Court

The Punjab & Haryana High Court said that if state authorities are allowed to breach contracts, then the rule of law, which is a constitutional pillar, will become ineffective.Justice Sureshwar Thakur and Justice Vikas Suri said, "if there is yet an endowment of permissibility to State or its agencies to renege from the apposite contractual promises, or if the State agencies are not...

Punjab & Haryana HC Disposes Plea Challenging Demolition Notice Allegedly Issued To NDPS Accused After State Assures No Coercive Action

The Punjab & Haryana High Court disposed of plea challenging notice wherein an accused under NDPS Act was allegedly given 15 days time to appear and submit defence to prove that her house was not in violation of Punjab Building By laws.It was alleged that FIRs were registered against the petitioner under the NDPS Act, and therefore, due to the Punjab Government's drive to demolish...

'Prompt Medical Care Is Fundamental Right': Punjab & Haryana HC Refuses To Quash Layout Plan Incorporating Clinic In Colony Over Claims Of Increased Traffic

The Punjab & Haryana High Court refused to quash a layout plan of a sector which included a doctor's clinic in the vicinity, observing that receiving prompt medical services is a fundamental right.Justice Sureshwar Thakur and Justice Vikas Suri noted, "when the consultancy services to be provided at the clinic sites, may become availed by the elderly people, senior citizens or...

P&H HC Grants ₹50 Lakh Compensation Over Illegal Seizure Of Imported Kiwi Fruit By Customs, Says Policy Needed To Ensure Imported Goods Reach Public In Time

The Punjab and Haryana High Court slammed the Customs Department for wrongfully and illegally withholding a consignment of a large quantity of kiwi fruit being imported into India and granted compensation of Rs. 50 lakh.The Court also suggested the concerned authorities to formulate a policy so that testing labs, shipping companies, and Customs Authorities "work in tandem and an atmosphere...

High Court Awards ₹5 Lakh Compensation To Man Whose Land Had Been Arbitrarily Targeted For Acquisition By Haryana Govt Since 1962

The Punjab & Haryana High Court has awarded Rs. 5 lakh compensation to a man whose land was "arbitrarily and discriminatorily" targeted for acquisition by the Haryana Government since 1962.Justice Sureshwar Thakur and Justice Vikas Suri said, "the power of eminent domain becoming misemployed, besides becoming employed with malafides, and, also being infected with the vices of...

Compensation For Accident Can't Be Denied Merely Because Claimant Was Driving "Jugaad" Vehicle Without Registration: Punjab & Haryana HC

The Punjab and Haryana High Court has stated that merely because the claimant was driving a 'jugaad' vehicle (car without registration), compensation under the Motor Vehicles Act cannot be denied without proving his fault.The case dates back to 1993, when Bijender Singh, while driving a car without registration, met with an accident as a U.P Roadways bus collided with his vehicle. Singh's...

PMLA | Not Mandatory For Court To Conclude That Accused Is Innocent Before Granting Bail: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that for the purpose of granting bail to an accused under the Prevention of Money Laundering Act (PMLA), it is not a mandatory requirement that the Court must arrive at a finding that the petitioner had not committed any offence under the PMLA.Justice N.S. Shekhawat said, "Therefore, this Court has no hesitation to hold that the restrictions,...

Punjab & Haryana HC Raps Top Cop Over Delay In Deciding Plea Of Runaway Couple Seeking Protection, Flags SOP Requiring Decision In 3 Days

The Punjab & Haryana High Court condemned the Senior Superintendent of Police (SSP) for delaying in deciding the representation filed to the Police by a run-away couple.Taking note of the delay of 5 days in the deciding the representation and non-compliance of the SOP issued by the Department of Home Affairs, under the directions of the High Court in Kajal v. State of Haryana, the Court...

Not Rarest Of Rare Case: Punjab & Haryana HC Commutes Death Penalty Of Man Convicted For Rape & Murder Of Minor Daughter

The Punjab & Haryana High Court commuted death sentence awarded to a man into life imprisonment for the remainder of his natural life without the application of the provisions of premature release, for rape and murder of his 6-year-old daughter.Justice Gurvinder Singh Gill and Justice Jasjit Singh Bedi said, "While there is no doubt about the brutal and heinous nature of the crime...

Senior Citizens Act Creates Eviction Right Only When Property Owned By Senior Citizen Is Transferred To Children Or Relatives: Punjab & Haryana HC

The Punjab and Haryana High Court has set aside the order directing the vacation of the property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, observing that order can only be passed when the senior citizen is the owner of the property in possession of their children or relative.Justice Harsimran Singh Sethi said, "The direction which has been given by...

Punjab & Haryana HC Declines To Expunge Trial Court's Remark Against Cop For Prima Facie Implicating Innocents In Rape Case For Extortion

The Punjab and Haryana High Court refused to expunge remarks against a police officer who was "prima facie" found to be involved in implicating innocents in a rape case by his alleged partner for extorting money.Justice Jagmohan Bansal differentiated the High Court Rules which states that the Judges conducting trial are advised not to make adverse observations against Police Officers and...