Court Flooded With Runaway Couple Protection Pleas Due To Ignorance Of SOP Framed By States: Punjab & Haryana High Court

The Punjab and Haryana High Court has remarked that ignorance of the Standard Operating Procedures (SOP) issued by the State Governments in pursuance of Kajal case has flooded the High Court with protection petitions by runaway couples.Justice Rohit Kapoor noted that the Standard Operating Procedures (SOPs) notified by the Government of Punjab, Haryana and the Union Territory of Chandiarh...

Second Wife Appointed As Nominee Entitled To Compassionate Appointment After Husband's Death: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that if the second wife who was appointed as nominee by the husband will be entitled for compassionate appointment by the Government even if the first wife was not legally divorced.In the present case the law officer of the concerned department had opined that first marriage of the deceased employee was dissolved by the Panchayat which had no...

Punjab Police Rules | DM's Concurrence Not Required To Initiate Departmental Proceeding In Corruption Case Against Cops: High Court

The Punjab & Haryana High Court has said that as per Punjab Police Rules (PPR) concurrence of the District Magistrate will not be required to initiate disciplinary proceedings against police men in corruption cases.Justice Jagmohan Bansal referring to PPR (Rule 16.40) said, "The authorities were supposed to initiate judicial prosecution or departmental proceedings depending on...

Parole Period Must Only Be Subtracted From Total Sentence, Not From Actual Jail Time: High Court Declares Punjab Govt's Formula Invalid

The Punjab & Haryana High Court has declared the formula issued by the Punjab Government to calculate the conviction period in case of premature release as invalid, observing that parole period should only be subtracted from the total sentence and not from the actual time spent in jail.Justice Harpreet Singh Brar said, "It is directed that the parole period shall only be subtracted from...

No Policy To Appoint Spy's Son After Father's Death: P&H High Court Rejects Plea Of Man Whose Father Was Arrested In Pakistan For Spying

The Punjab & Haryana High Court rejected plea of a spy's son to grant him a post of higher rank after his father passed away observing that there is no such policy of Punjab Government.The petitioner stated that he possessed a B.Sc. (Medical) degree and was offered the position of Constable after his father's death. However, being dissatisfied with the rank, he made a representation to...

Punjab & Haryana High Court Grants Interim Bail To Man Accused Of Rape On Pretext Of Marriage To Enable Him To Marry Victim

The Punjab & Haryana High Court on Wednesday granted interim-bail to a man accused of committing rape on pretext of false promise of marriage, to enable him marry to marry the alleged victim.The man was accused under Section 69 of BNS, the provision which was introduced by the new criminal law.As per Section 69 of the BNS, whoever, by deceitful means or by making promise to marry a...

Mere Knowledge Of Offender's Whereabouts Isn't 'Harbouring' Unless Accused Has Helped Him Evade Apprehension: P&H High Court

The Punjab & Haryana High Court has said that mere knowledge of the whereabout of the offender is not sufficient to attract office of "Harbouring Offender" without prove that the accused helped him (offender) to save from arrest.The observation was made while quashing an FIR lodged under Section 212 IPC (Harbouring offender) and Section 216 IPC (Harbouring offender who has escaped...

Possibility Of 'No Strings Attached' Relationship Cannot Be Ruled Out: P&H High Court Grants Bail To Man Accused Of Rape On Pretext Of Marriage

The Punjab & Haryana High Court granted bail to a man accused of committing rape on pretext of false promise of marriage considering that the prosecutrix and the accused were in a long standing cordial relationship and the possibility of the relationship being "no strings attached" cannot be entirely ruled out.Perusing the transcript of the conversation between the accused and...

High Court Dismisses Punjab's Plea For Recalling Order Which Directed It To Abide By Centre's Decision To Give Extra Share Of Water To Haryana

The Punjab & Haryana High Court dismissed an application filed by the Punjab Government to recall order passed on May 06, which paved the way for the release of Bhakra dam water to Haryana, by directing it to abide by the decision of the meeting held on May 02 conducted by Central Government's Home Secretary.According to the Union Government's submission, on May 2, the Centre's Home...

State Has No Authority To Withhold Retiral Benefit Dues On Account Of Pending FIR When Challan Was Filed In 2005: Punjab & Haryana High Court

The Punjab and Haryana High Court has directed to release retiral benefits of a former police officer, withheldi due to a pending FIR registered nearly two decades ago.The Court noted that the challan was presented before the Trial in 2005 and he is unable to get his retiral dues because of the pending FIR. "He cannot be held guilty for non-adjudication of the FIR," said the Court.Adding...

Pre-Arrest Bail In Corruption Cases Can Be Granted Only When FIR Was Filed On Political Vendetta Or Prima Facie False Implication: P&H High Court

The Punjab & Haryana High Court has made it clear that the anticipatory bail in corruption case can be granted only in exceptional cases, the court is required to be prima facie satisfied either of false implication, political vendetta, or manifest frivolity in the complaint.Justice Manjari Nehru Kaul said, "it is well settled law, and reaffirmed by the Hon'ble Supreme Court in Devinder...

Exclude Creamy Layer Before Granting Reservation In Promotion To SC/ST Candidates: High Court Tells Haryana Govt

The Punjab & Haryana High Court while upholding the Haryana Government's instruction to grant reservation to Scheduled Caste candidates in promotion in Group 'A' & 'B' posts in State Government Services directed to exclude "creamy layer."Justice Jagmohan Bansal said, "this Court finds that respondent has duly complied with attributes of Article 16(4A) of the Constitution of India as...