Provision On Adherence To Sanction Plan By Promoter Under RERA Act Will Prevail Over HRERA Rules In Case Of Conflict: Punjab & Haryana HC

The Punjab and Haryana High Court has made it clear that in the event of any conflict between Rules of the Haryana Real Estate Regulatory Authority (HRERA) and Section 14 of the Real Estate (Regulation and Development) Act, 2016 (RERA), the latter will prevail.A division bench of Justice Sureshwar Thakur and Justice Vikas Suri said, "Therefore, the test of inconsistency or repugnancy inter se...

Punjab & Haryana High Court Upholds Conviction Of 74-Yr-Old In 2000 Visa Fraud Case

The Punjab and Haryana High Court has upheld the conviction of a 74 years old lady in 24 years old immigration fraud case, observing that "Courts must do as much as is possible to nip this evil in the bud and undue sympathy must not be shown."Justice Jasjit Singh Bedi said, “Such offences of attempted illegal immigration are on the rise. Life savings are used up or loans availed to pay...

Punjab Municipal Polls: High Court Finds DSP's Affidavit On Destruction Of EVM 'Sketchy', Seeks Probe Report From Senior Official

The Punjab and Haryana High Court has sought an affidavit from the SSP of Khanna district in Punjab, stating the progress of investigation into alleged destruction of EVM Machine along with CCTV camera during counting of votes.Justice Harpreet Singh Brar took note of an affidavit filed by the Deputy Superintendent, conceding that a FIR has been registered and during investigation it was...

'Amounts To Unjust Enrichment': Punjab & Haryana HC Partly Quashes 2020 Amendment To Haryana Development, Regulation Of Urban Areas Rules

The Punjab & Haryana High Court set aside the part of 2020 amendment to the Haryana Development and Regulation of Urban Areas Rules that required the scrutiny fees, licence fees, conversion charges etc to be forfeited in exchange for surrender of development license. Justice Sureshwar Thakur and Justice Vikas Suri said, "the impugned annexures are quashed, and, set aside to the extent...

Omission By Officers Leads To 'Let Court Decide Syndrome': Punjab & Haryana HC Directs Union To Ensure Admin Law Classes For IAS Trainees

Highlighting the need for stronger administrative accountability, the Punjab and Haryana High Court has emphasized the role of legal education and training in curbing the increasing tendency of administrative authorities to shift responsibility to the judiciary.Justice Jasgurpreet Singh Puri noted that when the administrative authorities by their acts and omissions evade their...

Punjab & Haryana HC Orders Removal Of Gurudwara And Mandir Encroaching On Road; Gives Time To Remove Holy Scriptures, Idols

The Punjab & Haryana High Court has ordered the removal of unauthorised Mandir and Gurudwara constructed on a road meant for public ingress and outgress to a commerical market, and gave six weeks time to remove holy scriptures/books/idols from the structures after due observance of all religious ceremonies.Justice Harsh Bunger perusing the documents found that there is, "no manner of...

Punjab & Haryana HC Asks POCSO Court Why Victim Given Up As Prosecution Witness, Says Her Statement Is 'Material For Trial'

Finding it "strange", the Punjab & Haryana High Court has asked a Special POCSO court to report as to why the victim is given up as a prosecution witness in a rape case.Justice Amarjot Bhatti said, "Recording of statement of victim is material for proper and final adjudication of the trial. It is strange that the victim as prosecution witness has been given up by the Public Prosecutor...

Pensioners Can't Be Denied Benefits For Not Exercising Joint Option Before Employees Pension (Amendment) Scheme 2014: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the retired employees who did not exercise the joint option before September 1, 2014, cannot be automatically excluded from Employees Pension (Amendment) Scheme 2014.Pertinent to note that the Apex Court in 2022 in Employees Provident Fund Organization versus B Sunil Kumar said that the employees, who were entitled to join the pension scheme...

Advertisement For Post Can't Be Contrary To Law: P&H HC Directs Reconsideration Of Candidate Denied Disability Reservation For Asst Lineman Post

Observing that an advertisement to the post cannot be contrary to law, the Punjab & Haryana High Court has directed to consider candidates unjustly denied benefit of reservation for the post of Assistant Lineman.Jagmohan Bansal said, "There is no change in the legal position from 2013 to 2024. In the absence of change in legal position, there was no reason to deny benefit of reservation...

NDPS Act | Unjust To Grant Bail Only On Minute Difference In Colour Of Drug In Seizure Memo And FSL Report: Punjab & Haryana High Court

The Punjab and Haryana High Court, in an NDPS case involving commercial quantity of heroin, said that bail cannot be granted merely because there is a 'minute difference' between the colour of the contraband seized and the colour of the substance described in the Forensic Science Laboratory (FSL) report. Counsel for the petitioner was seeking bail primarily on the ground that the colour of...

Punjab & Haryana HC Quashes Unjust Cancellation Of Land Allotment By Haryana Govt, Grants ₹5 Lakh Compensation For Mental Trauma

The Punjab & Haryana High Court granted Rs. 5 Lakh compensation to a doctor for facing repeated trauma and harassment by the officials of Haryana Urban Development Authority (HUDA) who unjust cancelled the plot allotted for building a hospital.Justice Sureshwar Thakur and Justice Vikas Suri said, "Now for the prima facie commissions of torts of malfeasance, non-feasance and misfeasance,...

Forcing Couple To Live Together After Being Separated For 17 Yrs Is 'Fiction Supported By Legal Tie', Amounts To Cruelty: Punjab & Haryana HC

The Punjab & Haryana High Court has dissolved the marriage of a couple who were living separately for the last 17 years, observing that compelling them to live together would be fiction supported by a legal tie and amounts to cruelty. Justice Sudhir Singh and Justice Sukhvinder Kaur said, "the parties, who have been living separately since 2008, if compelled to live together, would become...