Punjab & Haryana High Court Monthly Digest: November 2024

NOMINAL INDEX [Citations 319 - 372]MANGAL KUMAR DAWAR V/S STATE OF PUNJAB AND ORS 2024 LiveLaw (PH) 319Sangeet Pal Singh v. State of Punjab and another 2024 LiveLaw (PH) 320Hemant Bhagar and Ors v. Prekshi Sood Bhagat [along with connected matter 2024 LiveLaw (PH) 321Kala Singh v. Union of India and Others 2024 LiveLaw (PH) 322Jaswant Singh v. ED 2024 LiveLaw (PH) 323Jarnail Singh Bajwa...

Punjab State Election Commission Act | Person Is Not 'Ordinarily Resident' Only Because He Owns A House In The Constituency: High Court

The Punjab & Haryana High Court said that a person would not be an “ordinarily resident” in terms of Punjab Election Commission Act only on the ground of owning or possessing a house.The court said, “though the statutory coinage “ordinarily resident” has been statutorily conveyed the connotation, that any voter would not be “ordinarily resident” in a constituency or in any revenue estate concerned, thus merely on the ground that the he owns or is in possession of a dwelling house in that...

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". The Court said that, "Bails deal with pre-trial curtailment of liberty on unilateral allegations demanding paramount priority in judicial adjudication. However, trial...

Punjab Govt Defers Civic Body Polls In Certain Wards After Plea Before HC Alleges Snatching Of Nomination Papers In Front Of Police

The Punjab Government today deferred the Municipal Corporation elections in certain wards of Patiala and Dharamkot district after a plea before the Punjab and Haryana High Court was filed alleging snatching of nomination papers in front of police.During the hearing, petitioners shown the videos where it was clearly seen that some police men were standing when nomination papers of women...

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.”The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. The Court found that the petitioner did not full fill the conditions and filed...

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

The Punjab & Haryana High Court will be deciding the legal question whether an accused or suspect has a preferential right to be forgotten over the right of the society to know about the involvement of any person in a criminal case.Justice Vinod S. Bhardwaj said, "...the legal issue that arises for consideration before this Court as to whether an accused/suspect of an offence has...

Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Police Commissioner For Inaction In Visa Fraud Case

Observing "due to the deliberate laxity on the part of the investigating authorities no action was taken by the police authorities despite lapse of nearly 2 year", the Punjab & Haryana High Court imposed a cost of Rs 1 lakh costs on Jalandhar Police Commissioner.An FIR was lodged alleging that the petitioner was duped of over Rs. 4 lakh rupees for providing work permit in...

Follower's Castration Case: Punjab & Haryana HC Directs CBI Court To Decide Afresh Relevance Of Docs Sought By Dera Chief Gurmeet Ram Rahim

The Punjab & Haryana High Court on Friday (December 20) has asked the CBI court to decide afresh in 4 weeks the relevance of certain documents including statements of witnesses sought by Dera Sacha Sauda Chief Gurmeet Ram Rahim for his defence in a case concerning the castration of his follower.It was alleged that a large number of followers were castrated at the behest of the Dera chief...

No Right To Fell Trees Despite Ownership If Land Is Classified As Protected Forest: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that even if a person are lawful owners of land classified as protected forest under Indian Forest Act, they cannot fell trees on such land.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "even if assumingly the plaintiffs are owners of the suit land, yet therebys they cannot be permitted to fell the trees, as thereupons there would be...

No One Can Question A Person On How He Will Use Awarded Amount: Punjab & Haryana HC Directs Union To Release Compensation Invested in FDR

The Punjab & Haryana High Court has reiterated that the authorities cannot question a major person of sound mind that how will he use the compensation awarded.Justice Vikas Bahl said, “The money to which he is found entitled is to be handed over to him without placing any riders thereon and that once the compensation has been awarded, the same would go to the claimant, as no one...

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC

The Punjab and Haryana High Court has said that the salary of an Army personnel cannot be attached to realise the arrears of maintenance under Section 125 CrPC, as only the Central government is authorised to make deductions.The Court noted that under Army Act a broad spectrum of rights and protections has been granted to the Army personnel with an intention to ensure that they can duly...

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that petitioner being a lawmaker (MLA), has broken...