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Punjab & Haryana High Court Monthly Digest: March 2025
Aiman J. Chishti
19 April 2025 5:05 PM IST
Nominal Index [Citations 102 - 140]Puneet Sharma and others v. Union Territory, Chandigarh and others 2025 LiveLaw (PH) 102Gurprabh Singh @ Prince v. State of Punjab 2025 LiveLaw (PH) 103COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS 2025 LiveLaw (PH) 104ABCD v. State of Haryana 2025 LiveLaw (PH) 105Navneet Chauhan and others v. State of Haryana and another 2025 LiveLaw...
Nominal Index [Citations 102 - 140]
Puneet Sharma and others v. Union Territory, Chandigarh and others 2025 LiveLaw (PH) 102
Gurprabh Singh @ Prince v. State of Punjab 2025 LiveLaw (PH) 103
COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS 2025 LiveLaw (PH) 104
ABCD v. State of Haryana 2025 LiveLaw (PH) 105
Navneet Chauhan and others v. State of Haryana and another 2025 LiveLaw (PH) 106
ARJUN SINGH AND OTHERS v. STATE OF HARYANA AND OTHERS 2025 LiveLaw (PH) 107
Gaurav Sorot v. State of Haryana and others 2025 LiveLaw (PH) 108
Navdeep Singh and another v. State of Punjab and others 2025 LiveLaw (PH) 109
Pawan Kumar v. Inspector (Preventive), Central Goods and Services Tax 2025 LiveLaw (PH) 110
JAGMAL SINGH JATAIN v. DISCIPLINARY COMMITTEE, BAR COUNCIL OF INDIA 2025 LiveLaw (PH) 111
XXX v. XXXX 2025 LiveLaw (PH) 112
M/S SIEL INDUSTRIAL ESTATE LTD v. STATE OF PUNJAB AND OTHERS 2025 LiveLaw (PH) 113
Case Title: Amritpal Singh v. UNION OF INDIA Citation: 2025 LiveLaw (PH) 114
SUNIL KUMAR AND OTHERS v. STATE OF HARYANA AND OTHERS 2025 LiveLaw (PH) 115
Jugjit Kaur v. Rajwinder Singh 2025 LiveLaw (PH) 116
XXXX v. State Of Punjab Citation: 2025 LiveLaw (PH) 117
Kuldeep Singh alias Keepa v. State of Punjab : 2025 LiveLaw (PH) 118
RAM BHAJ & OTHERS v. STATE OF HARYANA 2025 LiveLaw (PH) 119
Talwinder Singh & anr v. State of Punjab : 2025 LiveLaw (PH) 120
Punjab State Federation of Co-operative Sugar Mills Ltd. v. The State Information Commission, Punjab and another 2025 LiveLaw (PH) 121
Rajesh Gupta v. Punjab and Haryana High Court and others 2025 LiveLaw (PH) 122
SOHAN LAL AND OTHERS v. UNION OF INDIA AND OTHERS 2025 LiveLaw (PH) 123
Manish Kumar and others v. State of Haryana and others 2025 LiveLaw (PH) 124
B.B. Gupta v. Presiding Officer, Labour Court, Union Territory, Chandigarh and another 2025 LiveLaw (PH) 125
AMIT KUMAR V. STATE OF HARYANA AND ORS 2025 LiveLaw (PH) 126
HARSIMRAN KAUR v. STATE OF PUNJAB AND OTHERS 2025 LiveLaw (PH) 127
The Punjab & Haryana High Court said that “Sikhya Providers” under the Sarva Shiksha Paramjit Kaur & others v. State of Punjab & others 2025 LiveLaw (PH) 128
Divya Kalia v. State of Haryana and others 2025 LiveLaw (PH) 129
HARDEEP HANS v. THE STATE OF UT CHANDIGARH AND OTHERS 2025 LiveLaw (PH) 130
Muhammad Jamil v. State of Haryana 2025 LiveLaw (PH) 131
JASPAL SINGH v. STATE OF PUNJAB 2025 LiveLaw (PH) 132
Gurumukh Singh v. State of Punjab 2025 LiveLaw (PH) 133
Gurpreet Singh v. Guru Ravidas Ayurved University, VPO Kharkan, Una Road, District LiveLaw (PH) 134
STATE OF PUNJAB v. DHARMINDER SINGH ETC 2025 LiveLaw (PH) 135
Tushar Tanwar v. Bar Council of India Citation: 2025 LiveLaw (PH) 136
RAM CHANDER v. STATE OF HARYANA AND OTHERS : 2025 LiveLaw (PH) 137
AMRIK SINGH v. STATE OF PUNJAB 2025 LiveLaw (PH) 138
Ranbir v. State of Haryana and others 2025 LiveLaw (PH) 139
Tabrej @ Tarif v. Haryana : 2025 LiveLaw (PH) 140
Reports
Title: Puneet Sharma and others v. Union Territory, Chandigarh and others
Citation: 2025 LiveLaw (PH) 102
The Punjab & Haryana High Court has put a stay on the operation of the cancellation order of street vendor's licenses to run their businesses on the streets of Chandigarh till they approach the appellate authority and the plea is decided.
The Street vendors had challenged the cancellation order on the ground that they were arbitrarily shifted to remote areas, affecting their livelihood and in violation of the Chandigarh Street Vendors Rules, 2015.
Title: Gurprabh Singh @ Prince v. State of Punjab
Citation: 2025 LiveLaw (PH) 103
The Punjab & Haryana High Court has said that the bar on granting bail in case of commercial quantity under Section 37 of the NDPS Act can be relaxed when the alleged recovered contraband is "marginally above" the commercial quantity.
Title: COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS
Citation: 2025 LiveLaw (PH) 104
The Punjab & Haryana High Court has made it clear that the computer teachers recruited under the Punjab Information and Technology Education Society (PICTES) are required to be governed by the Punjab Civil Service (PCS) Rules.
Title: ABCD v. State of Haryana
Citation: 2025 LiveLaw (PH) 105
"When a person has been exonerated by the Court of his guilt, the remnants of such charge should not be allowed to haunt any such person", said the Punjab & Haryana High Court while directing its Registry to redact the name of a man who was accused in a FIR, which was later quashed. The petitioner stated that he is a respectable man and despite clearing the interviews for employment in multinational companies, he didn't receive the offer letter because his name was available on e-courts portal as an accused in a criminal case.
Title: Navneet Chauhan and others v. State of Haryana and another
Citation: 2025 LiveLaw (PH) 106
The Punjab & Haryana High Court has set aside charges framed under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, observing that the offence cannot be attracted merely on the ground that the victim belongs to the SC/ST community without intention to humiliate him due to his caste.
Title: ARJUN SINGH AND OTHERS v. STATE OF HARYANA AND OTHERS
Citation: 2025 LiveLaw (PH) 107
The Punjab & Haryana High Court dismissed the plea challenging the screening test question paper for the post of Post Graduate Teacher (PGT) (Chemistry) and its final answer key published in October 2024 noting that the expert committee has already been formed and Court cannot sit over it, unless there is an allegation of malice.
Title: Gaurav Sorot v. State of Haryana and others
Citation: 2025 LiveLaw (PH) 108
The Punjab & Haryana High Court has made it clear that extension lecturer holding M.Phil degree who have not qualified UGC NET has no right to continue in service and is required to be relieved from service.
Title: Navdeep Singh and another v. State of Punjab and others
Citation: 2025 LiveLaw (PH) 109
The Punjab and Haryana High Court has dismissed the plea of two judiciary candidates, whose selection was cancelled in 2002 for alleged involvement in recruitment scam, seeking appointment. Chief Justice Sheel Nagu and Justice Sumeet Goel cited delay on part of the candidate in approaching the Court, after they were acquitted in the corruption case in 2016.
Title: Pawan Kumar v. Inspector (Preventive), Central Goods and Services Tax
Citation: 2025 LiveLaw (PH) 110
Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case.
The Court noted that the accused has been in custody for the past 4 years, 01 month and 20 days, while the maximum sentence for the alleged offences is 5 years.
Title: JAGMAL SINGH JATAIN v. DISCIPLINARY COMMITTEE, BAR COUNCIL OF INDIA
Citation: 2025 LiveLaw (PH) 111
The Punjab & Haryana High Court has made it clear that Bar Council Of India (BCI) cannot entertain appeal from interim order of the State Bar Council's disciplinary committee when the probe is pending and no punishment is imposed.
Title: XXX v. XXXX
Citation: 2025 LiveLaw (PH) 112
The Punjab and Haryana High Court recently upheld the mother's custody of a 10 years old girl child, rejecting the father's contention that he is the rightful guardian of the child as he is building a financial corpus for the child's future.
Single judge Justice Archana Puri remarked, "So far as, the financial security is concerned, it is good that father is doing so to secure the future of the child, but however, it is the fatherly duty. Now, at this age of the child, it is not going to have impact on the personality 'built-up' of the child. There are various other factors, which are more important for the age group of 9-10 years, which carry more weight, than the creating of financial security."
Title: M/S SIEL INDUSTRIAL ESTATE LTD v. STATE OF PUNJAB AND OTHERS
Citation: 2025 LiveLaw (PH) 113
The Punjab & Haryana High Court has declared Punjab Government's decision to “resume” ownership rights in ongoing projects in Rajpura's Industrial Estate as "inoperative."
Justice Sureshwar Thakur and Justice Vikas Suri said, "there is a necessity of passing a fresh speaking decision, in accordance with law, as such both the interest of justice and equity demands, that the presently impugned notification(s), at this stage, be declared to be completely inoperative."
Case Title: Amritpal Singh v. UNION OF INDIA
Citation: 2025 LiveLaw (PH) 114
The Union Government informed the Punjab and Haryana High Court that MP Amritpal Singh has been granted leave of 54 days from attending sessions of the Parliament.
The development is significant in light of Article 101(4) which empowers the House to declare the seat of an MP vacant if (s)he is absent from all meetings of the House for a period of sixty days, without permission of the House.
Title: SUNIL KUMAR AND OTHERS v. STATE OF HARYANA AND OTHERS
Citation: 2025 LiveLaw (PH) 115
The Punjab & Haryana High Court has said that the mortgagee has a right to sell the mortgage property in a public auction if the borrower fails to pay the stipulated instalments.
Justice Sureshwar Thakur and Justice Vikas Suri said, "there is an inherent right in the mortgagee to, on the failure of liquidation of the relevant installments by the borrower, thus to subject the subject plot to sale through public auction."
Title: Jugjit Kaur v. Rajwinder Singh
Citation: 2025 LiveLaw (PH) 116
The Punjab and Haryana High Court has said that, to maintain uniformity in imposing fines in cheque bounce cases under the Negotiable Instruments Act (NI Act), the fine should be equivalent to the amount of the cheque, plus at least 6% interest per annum from the date of the cheque until the date of the judgment of conviction."
PXXXX v. State Of Punjab
Citation: 2025 LiveLaw (PH) 117
The Punjab & Haryana High Court refused to grant pre-arrest bail to a man who was accused of parading five people including minor girls in the market with a placard, "I am a thief, I confess my guilt" written on it.
Title: Kuldeep Singh alias Keepa v. State of Punjab
Citation: 2025 LiveLaw (PH) 118
In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.
The case pertains to the alleged recovery of 1 gram of heroin. The petitioner was arrayed as an accused based on a disclosure statement. Following a chance recovery, the police seized 1 gram of heroin from the possession of the co-accused. He confessed before the Police officer that he used to purchase drugs from the petitioner Kuldeep, and even the heroin recovered was purchased from him.
Title: RAM BHAJ & OTHERS v. STATE OF HARYANA
Citation: 2025 LiveLaw (PH) 119
The Punjab & Haryana High Court has altered a 100 year old man's murder conviction to culpable homicide not amounting to murder, noting that he delivered a single blow with his lathi, which is not a weapon and is typically carried by elderly persons in villages.
Title: Talwinder Singh & anr v. State of Punjab
Citation: 2025 LiveLaw (PH) 120
The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence.
RTI Act Doesn't Give Right To Seek Information With Motive To Harass: Punjab & Haryana High Court
Title: Punjab State Federation of Co-operative Sugar Mills Ltd. v. The State Information Commission, Punjab and another
Citation: 2025 LiveLaw (PH) 121
The Punjab & Haryana High has said that the Right to Information Act (RTI Act) does not give right to anyone to seek information with a motive which amounts to harassing the employees of the Department.
In the present case, the information of the complete record of the Department was sought from the Cooperative Society by a lawyer.
Title: Rajesh Gupta v. Punjab and Haryana High Court and others
Citation: 2025 LiveLaw (PH) 122
The Punjab and Haryana High Court today said that that minimum marks prescribed for qualifying district judiciary exam is "is permissible for adjudging the qualities and capacities of the candidate seeking an appointment to judiciary."
The candidates in the Haryana District judiciary exam were required to secure at least 50% i.e 500 marks out of the 1000 aggregate marks in the written test and viva voce.
Title: SOHAN LAL AND OTHERS v. UNION OF INDIA AND OTHERS
Citation: 2025 LiveLaw (PH) 123
The Punjab & Haryana High Court has declared Sections 3G and 3J of the National Highways Act as unconstitutional for being violative of Article 14.
Court said that the provisions unfairly denied benefits to land losers available under the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Title: Manish Kumar and others v. State of Haryana and others
Citation: 2025 LiveLaw (PH) 124
The Punjab & Haryana High Court has said that the construction of the hospital cannot be challenged on the grounds that it has increased traffic influx in the area, especially when multi-level parking is planned by the State authority. Removing the hospital in this case would be violation of the fundamental right to trade and practice profession under Article 19(1)(g) of the Constitution of India.
Title: B.B. Gupta v. Presiding Officer, Labour Court, Union Territory, Chandigarh and another
Citation: 2025 LiveLaw (PH) 125
The Punjab & Haryana High Court made it clear that resignation of an employee cannot be accepted retrospectively if the resignation is withdrawn before the acceptance.
Justice Harsimran Singh Sethi said, "Once, a resignation which is sought to be accepted had already been withdrawn by the petitioner, there was no jurisdiction with the authority concerned to accept the same with retrospective effect so as to over come the withdrawal of the resignation by the employee concerned."
TITLE: AMIT KUMAR V. STATE OF HARYANA AND ORS
Citation: 2025 LiveLaw (PH) 126
The Punjab & Haryana High Court dismissed the plea seeking appointment in Haryana Police alleging that he was awarded lesser marks in the interview to favour relatives of politicians in a recruitment exam conducted in 2008. Justice Jagmohan Bansal said, "The petitioners, at present, are more than 40 years. Physical/mental fitness is of paramount consideration in the Police Force. The petitioners cannot be expected of having fitness as postulated for an Inspector of Police at the time of initial appointment."
Title: HARSIMRAN KAUR v. STATE OF PUNJAB AND OTHERS
Citation: 2025 LiveLaw (PH) 127
The Punjab & Haryana High Court said that “Sikhya Providers” under the Sarva Shiksha Abhiyan (SSA) are entitled to age relaxation in a government recruitment exam, depriving them from the relaxation would be violative of Article 21-A of the Constitution.
Title: Paramjit Kaur & others v. State of Punjab & others
Citation: 2025 LiveLaw (PH) 128
The Punjab and Haryana High Court has said that the FIR lodged for abetment to suicide cannot be quashed on the basis of compromise between parties, observing that where the primary victim is deceased, "the Courts must act as if it is directly answerable to the deceased and such cases be approached with the highest sense of responsibility and gravity ensuring that the rule of law is upheld."
Title: Divya Kalia v. State of Haryana and others
Citation: 2025 LiveLaw (PH) 129
The Punjab & Haryana High Court has imposed a cost of Rs. 1.50 lakh on the Haryana Public Service Commission (HPSC) for wrongly rejecting a Haryana civil judge's candidature as a Scheduled Caste (SC) candidate.
Chief Justice Sheel Nagu and Justice Sumeet Goel said, "A candidate cannot be afforded latitude for omission(s) on his part as the selecting/examining agency has to proceed on the basis of application and documents submitted by the candidate. In case an error has occurred on account of circumstances beyond the control of the applicant, namely, an incorrect/technically defective certificate(s), received by the candidate from the competent authority, having been presented by the candidate, in the back drop of such a candidate actually possessing the requisite qualification, some latitude may be extendable to such a candidate.”
Title: HARDEEP HANS v. THE STATE OF UT CHANDIGARH AND OTHERS
Citation: 2025 LiveLaw (PH) 130
The Punjab and Haryana High Court has directed Chandigarh's Director General of Police (DGP) to form a Special Investigation Team (SIT) to probe an alleged murder case wherein a practicing lawyer is stated to have succumbed to injuries after being assaulted by fellow lawyers in the District Court Complex.
Title: Muhammad Jamil v. State of Haryana
Citation: 2025 LiveLaw (PH) 131
The Punjab & Haryana High Court has said that for foreign nationals engaging in unlawful activities, "a measured legal response necessitates vigilance at the point of entry rather than the indiscriminate denial of bail."
The Court suggested that, "The cornerstone of an effective deterrence mechanism lies in rigorous pre-admission scrutiny- comprehensive background verifications before visa issuance and the immediate revocation of visas upon credible and substantial allegations."
Title: JASPAL SINGH v. STATE OF PUNJAB
Citation: 2025 LiveLaw (PH) 132
The intent of the legislature and the integrity of the rule of law must be preserved at all costs, and cannot be allowed to be undermined, irrespective of the quantity of drugs involved, said the Punjab & Haryana High Court while refusing bail involving 290 grams of heroin.
Title: Gurumukh Singh v. State of Punjab
Citation: 2025 LiveLaw (PH) 133
The Punjab and Haryana High Court on Thursday (March 27) noted that farmers' leader Jagjit Singh Dallewal was not in illegal detention but was taken to hospital by Punjab Police as per Supreme Court's direction and thus disposed of a habeas corpus plea.
Relaxing Eligibility Criteria On Equity Basis Is Beyond Law, Courts Exercising Equitable Jurisdiction Must Be Vigilant Of Overreach: P&H HC
Title: Gurpreet Singh v. Guru Ravidas Ayurved University, VPO Kharkan, Una Road, District Hoshiarpur and another
Citation: 2025 LiveLaw (PH) 134
The Punjab & Haryana High Court has said that while exercising equitable jurisdiction Court cannot relax the eligibility criteria required for the admission.
The plea was filed challenging the order to surrender admission for a BAMS degree on the Court that the candidate had not passed the qualifying examination from only one Board. In the present case, the petitioner passed Class XII from Punjab Board and Biology subject separately from Himachal Pradesh Board.
Title: STATE OF PUNJAB v. DHARMINDER SINGH ETC.
Citation: 2025 LiveLaw (PH) 135
The Punjab & Haryana High Court has upheld the acquittal in a drugs case, observing that the secret information received by the police officials was admittedly not reduced into writing, which is a requirement of Section 41(2) of the NDPS Act as well as Section 42 of the NDPS Act.
Title: Tushar Tanwar v. Bar Council of India
Citation: 2025 LiveLaw (PH) 136
The Punjab & Haryana High Court has asked Bar Council of India (BCI) to decide representation of a lawyer challenging charging of separate fees of Rs 3500 besides registration fees for All India Bar Examination (AIBE).
Title: RAM CHANDER v. STATE OF HARYANA AND OTHERS
Citation: 2025 LiveLaw (PH) 137
The Punjab & Haryana High Court has settled that that appeals, applications, trial, inquiry or investigation pending since before the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (01 July 2024) are permitted to be continued in accordance with the provisions of CrPC.
Title: AMRIK SINGH v. STATE OF PUNJAB
Citation: 2025 LiveLaw (PH) 138
The Punjab & Haryana High Court has raised concern on the possible misuse of Punjab Police power in anti-drugs drive started off late in Punjab, wherein all SSPs and SHOs will be given quantified targets and based on that, their performance will be assessed.
Title: Ranbir v. State of Haryana and others
Citation: 2025 LiveLaw (PH) 139
The Punjab and Haryana High Court has said that relief cannot be denied to a candidate who was unjustly disqualified for Constable post on medical grounds merely because the State authorities filled the position during the pendency of the plea.
Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "relief cannot be denied to the appellant merely because the respondents have chosen to fill up the posts inspite of pendency of the writ petition and the notices having been served upon them."
Title: Tabrej @ Tarif v. Haryana
Citation: 2025 LiveLaw (PH) 140
The Punjab & Haryana High Court refused to grant anticipatory bail to a man accused in a "cyber fraud" case involving a person who posed as a police personnel from Delhi Crime Branch to allegedly extort money from the complainant.