Denying Medical Reimbursement For Chronic Illness On Ground That Treatment Was Taken In OPD Is 'Unreasonable Classification': Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that denying medical re-imbursement to an employee of the State Government for the treatment of wife's chronic illness on the ground that the same was done in Outpatient Department (OPD) is based on "unreasonable classification."Chief Justice Sheel Nagu and Justice Sudhir Singh said, "the wife of respondent No. 1-writ petitioner was suffering from CKD (Chronic Kidney Disease), the treatment given by the concerned Doctors in the OPD, was...

Cheque Bounce | Signature Of Both Parties Required If Cheque Is Drawn On Joint Account: Punjab & Haryana High Court

The Punjab & Haryana High Court quashed a cheque bounce complaint under Section 138 Negotiable Instrument Act (NI Act) observing that the disputed cheque was not signed by both the holders of the bank account.Justice Harpreet Singh Brar noted that the disputed cheque was drawn on the account jointly held by the petitioner and his wife. However, the same was only signed by Jasbir Kaur and not the petitioner.Reliance was placed on Mrs. Aparna A. Shah vs. M/s Sheth Developers Private Limited...

Punjab & Haryana High Court Upholds Constitutional Validity Of Notification Establishing Greater Mohali Area Development Authority

The Punjab and Haryana High Court dismissed the plea challenging the constitutional validity of the notification issued in 2006 under Section 29 of the Punjab Regional and Town Planning and Development Act 1995 (the Act of 1955), constituting and establishing a special Authority under the name of Greater Mohali Area Development Authority (GMADA).The Court rejected the contention that the State was required to elect District Planning Committees as provided under Articles 243 ZD (Committee for...

Track Attendance, Sensitise About Speedy Trial: High Court Issues Directions To Punjab DGP Flagging Non-Appearance Of Official Witnesses

While flagging the repeated non-appearance of police witnesses which delays criminal trials, the Punjab and Haryana High Court has issued a set of directions to the Punjab Director General of Police (DGP).Justice Manjari Nehru Kaul said, "the responsibility of police officials extends beyond the maintenance of law and order; it includes cooperating with the judicial process to ensure that trials are conducted efficiently and expeditiously and when police officials, who are often cited as formal...

Can't Use 'Audi Alteram Partem' To Cure Self-Suffered Wound: P&H HC Rejects Plea By Electricity Firm For Allegedly Overcharging Residents

The Punjab & Haryana High Court dismissed a firm's plea which had challenged an order of the Consumer Grievances Redressal Forum (UHBVN) formulated under the regulations of the Haryana Electricity Regulatory Commission (HERC) which had directed the former to provide electricity bill to the consumers showing clearly the energy consumed and tariff applicable following the regulations.The...

When Additional Offence Is Added In FIR, Police Has To Obtain Order To Arrest From Court Which Gave Bail: Punjab & Haryana HC Reiterates

The Punjab & Haryana High Court has reiterated that in case an offence is added in the FIR where the accused is already on bail then the police authorities can arrest only after obtaining an order from the Court which had granted the bail.In a rape case where Section 6 POCSO Act and Section 376 (2)(n) was added later, Justice Namit Kumar asked the police authorities to comply with...

[Amritsar Mayor Polls] Alleged Raids By Police On Some Councillors Is A Mockery Of Democratic Setup: P&H HC Directs Video Recording Of Process

The Punjab & Haryana High Court today directed the video recording of proceedings to be conducted for electing the mayor of Amritsar Municipal Corporation.In a plea filed by a Congress Councillor it was alleged that the houses of some of the Councillors, who are to participate in the meeting, were being raided by the Police authorities to harass them and prevent their participation in...

High Court Reinstates Punjab Cop After Acquittal In Robbery Case, Cautions Authority Against 'One Liner Order' Dispensing Departmental Enquiry

The Punjab and Haryana High Court has directed to reinstate a policeman expelled from service for being accused in robbery case even after being acquitted in the matter.Justice Jagmohan Bansal noted that the, “police authorities dismiss an officer as soon as FIR is registered whereas mandate of Rule 16.2 and 16.3 is to dismiss from service after conviction. The officer may be suspended...

Breach Of Lok Adalat Order Will Not Amount To Contempt Of Court: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that Lok Adalat is not a Court under the Contempt of Courts Act and breach of its order will not amount to contempt of court.Justice Sureshwar Thakur and Justice Kirti Singh allowed an appeal against a contempt notice issued for violating an undertaking given before the Lok Adalat."Resultantly, the making of the impugned order based upon the...

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13(1) of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return of a petition filed under Section 34...

Celebrating Republic Day Due To Armed Forces Patrolling Border, Centre Must Be 'Alive' To Their Situation: P&H HC On Failure To Issue Disability Pension

The Punjab & Haryana High Court has taken a stern stand on the failure of the Union Government to grant disability pension to a retired Armed Forces Officer following the Supreme Court's directions.In an order passed on January 23, a bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "In another three days, we are going to celebrate the 76th Republic Day, and...

Punjab & Haryana HC Dismisses With Cost PIL To Make Karwa Chauth Festival Compulsory For All Women Including Widows, Live-In Partners

The Punjab & Haryana High Court dismissed a Public Interest Litigation (PIL) filed seeking declaration to make celebration of festival of “Karwa Chauth” compulsory by women irrespective of their status of being widows, separated, divorcees and the women in live-in relation.Chief Justice Sheel Nagu and Justice Sumeet Goel while dismissing the plea imposed a token cost of Rs.1000.The...