Punjab and Haryana High Court
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...
Allottee Not Responsible If Delay In Construction Is Due To Procedural Requirements, Punjab & Haryana HC Quashes ₹94 Cr Extension Fees By HUDA
The Punjab & Haryana High Court has quashed the extension fees of Rs. 93.12 Crore imposed on a government organisation by the Haryana Urban Development Authority (HUDA) for delay in construction of flats for government employee on land allotted in 1996.The Court found that the delay in construction was due to procedural and administrative requirements, hence the delay period will...
Either Parent Can't Be Implicated For Kidnapping Their Own Child As Both Are Equal, Natural Guardians: Punjab & Haryana HC
The Punjab & Haryana High Court has said that a parent cannot be implicated for the offence of kidnapping their own child as both parents are equal natural guardians.Justice Harpreet Singh Brar said, “For an incident to be considered as kidnapping, it is necessary that the minor child is taken away from the custody of a 'lawful guardian.' However, a mother falls well within its...
PC Act | When Sanction Isn't Granted For Substantive Offence, Public Servant Can't Be Prosecuted Only For Conspiracy: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that if sanction to prosecute a public servant is not granted under Prevention of Corruption Act then he cannot be prosecuted for the offence of criminal conspiracy.Justice Manjari Nehru Kaul said, "view that a public servant, in respect of whom sanction to prosecute has not been granted under Section 19 of the PC Act, and who is,...
Husband's Unexplained Relationship Outside Marriage Amounts To Cruelty, Sufficient To Rupture Marriage: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that husband's unexplained relationship with another woman amounts to cruelty and that is sufficient to rupture marriage.Justice Sudhir Singh and Justice Sukhvinder Kaur observed, “Though, the stand of the appellant-husband is that he had no illicit relations with said (lady), yet we find that maintaining relations with a lady outside the...
SDM Constituted Medical Board By Overruling Court Order, Punjab & Haryana HC Says Transgression By Executive Would Demolish Legal System
The Punjab & Haryana High Court has struck down the order of Sub-Divisional Magistrate (SDM) to constitute a fresh medical board overruling the order of a Sessions Court which rejected the application to form the same stating that "any transgression by the executive into the domain of the judiciary would not only undermine the institutional accountability but also has the potential...
Punjab & Haryana HC Quashes Notification Giving HRERA Officers Powers To Recover Dues Akin To Collectors
The Punjab and Haryana High Court has struck down a Haryana Government notification that empowered Real Estate Regulatory Authority's (HRERA) Adjudicating Officers to recover dues like Collectors.Justice Sureshwar Thakur and Justice H.S. Grewal opined that the notification, issued on May 11, 2024, was not sanctioned under the Real Estate (Regulation and Development) Act, 2016.It was argued...
Expedite Process To Establish Fast Track POCSO Court Within 2 Months: Punjab & Haryana HC Directs Haryana Govt
The Punjab & Haryana High directed the Haryana Government to expedite the process of of establishing fastrack Prevention of Children from Sexual Offences (POCSO Act) Court within the period of three months.Chief Justice Sheel Nagu and Justice Sumeet Goel said, "to expedite the process of establishment of Fast Track Special Courts under POCSO Act, the State of Haryana is directed to...
Punjab & Haryana High Court Stays Police Notices To Raveena Tandon, Farah Khan, Bharti Singh In 2020 FIR For Hurting Christian Sentiments
The Punjab & Haryana High Court has stayed till July 14, police notices issued to actor Raveena Tandon, filmmaker Farah Khan and comedian Bharti Singh accused of hurting religious sentiments of the Christian community.In 2019 Farha Khan hosted a show namely "Backbenchers", where she invited celebrities to test their general knowledge. According to the complainant, the accused persons hurt...
Dispute Over Land Mutation Arising From Settlement Agreement Can Be Referred To Arbitration: P&H High Court
The Punjab and Haryana High Court bench of Justice Vikram Aggarwal has held that a dispute concerning the mutation of land arising from a Memorandum of Settlement entered into between the parties containing an arbitration clause is considered a dispute in personam especially when it does not affect third-party rights. Such disputes are arbitrable and should be referred to arbitration...
P&H High Court Raises Questions On Agricultural Dept's Statutory Authority To Ban Hybrid Paddy Seeds In Punjab
In a significant development, the Punjab and Haryana High Court has questioned the statutory authority behind the Punjab Government's recent decision to ban the sale of hybrid paddy seeds in the state.Justice Kuldeep Tiwari asked the Punjab Government to inform court the statutory force behind passing the impugned order which has banned sale of hybrid paddy seeds in Punjab on April...
Land Allotted Through Lucky Draw Can't Be Denied Due To Loss Of Records: P&H HC Grants ₹2 Lakh Compensation Over Denial Of Land Allocation
The Punjab and Haryana High Court held that the loss of original records cannot be a ground to deny allotment of a residential plot to a man who was selected in a draw of lots by the Punjab Government in 1999. The Court also granted an “exemplary compensation" of Rs 2 lakh.Justice Sureshwar Thakur and Justice Vikas Suri said, "If the apposite responsibility is not fixed upon the custodian...