P&H High Court Initiates Criminal Contempt Case Against The Hindu, Dainik Bhaskar Over Ads Alleging 'Conspiracy' Against Gurmeet Ram Rahim

Paid narratives insinuating Courts are party to a conspiracy against an accused or convict, obstructs justice administration, Court said.

P&H High Court Acquits Death Row Convict In 2018 Child Murder Case, Flags Gaps In Haryana Police Probe

The Punjab and Haryana High Court has set aside the death sentence awarded to a man for the 2018 murder of a toddler in Hisar district and acquitted him, holding that the prosecution failed to produce legally admissible evidence connecting him to the crime beyond reasonable doubt.A Division Bench of Justice Anoop Chitkara and Justice Harmeet Singh Deol considered the earliest documented account of the events, a Childline 1098 record made three days before the child's body was found, which named...

P&H High Court Denies Bail To Woman Accused Of Embezzling Panchkula Municipal Corporation Funds

The Punjab and Haryana High Court has held that economic offences, though usually not attended by physical violence, cannot for that reason be treated as less serious, and that bail in such cases must be approached with greater circumspection where the material shows a specific and direct link between the accused and the alleged transactions."The absence of physical violence, therefore, cannot by itself dilute the seriousness of the alleged criminality or the potential consequences flowing...

Statutory Presumption Of Severe Stress Unrebutted: P&H High Court Quashes FIR Against Man Who Shot Himself In Attempt To Commit Suicide

The Punjab and Haryana High Court has quashed criminal proceedings under Section 309 IPC against a man who allegedly attempted to take his own life, holding that the statutory presumption of severe stress under Section 115 of the Mental Healthcare Act, 2017, remained unrebutted. The Court also quashed the accompanying charges under Section 109 IPC and the Arms Act, finding that their...

Being Biological Father Alone Doesn't Justify Habeas Corpus For Child's Custody When Guardianship Case Is Pending: P&H High Court

The Punjab and Haryana High Court has dismissed a habeas corpus petition filed by a father seeking custody of his minor son from the child's maternal grandparents and uncle, holding that the dispute involved contested facts and was already pending before a competent guardianship court.Justice Sumeet Goel observed that "the mere fact that the petitioner is the biological father of the child...

S.348 BNSS | Power To Recall Witness Can't Be Used To Improve Or Reconstruct Defence After Closure Of Evidence: P&H High Court

The Punjab and Haryana High Court has held that the power to recall witnesses and summon evidence under Section 348 of the BNSS (erstwhile Section 311 CrPC), though wide, cannot be invoked merely because an accused wants to bolster his defence after his evidence has been closed.Justice Sumeet Goel, dismissing a petition by the accused in a cheque dishonour case, observed that the power must...

P&H High Court Issues Contempt Notice To Punjab Chief Secy For False Claims About Filing SLP Against DA Order

The Punjab & Haryana High Court today issued contempt notice against Chief Secretary KP Sinha over misrepresenting facts about the filing of Punjab government's appeal before the Supreme Court against the High Court's recent order for payment of pending dearness allowance (DA) to government employees.In August, the High Court had dismissed a batch of Letters Patent Appeals filed by the...

Demolition Action Against Lawyer Soon After He Flagged Corruption In High Public Office Appears Attempt To 'Silence' Him: P&H High Court

The Punjab and Haryana High Court has observed that the demolition action initiated against an Advocate's farm stay, soon after he raised allegations of corruption involving high-ranking State officials, appeared unnatural and “does create doubt regarding intent of high-ranking State officers.”The Court was hearing a PIL filed by advocate Nikhil Saraf, who had raised allegations...

Punjab & Haryana High Court Directs CBI To Register Corruption Case Against Punjab CM Bhagwant Mann's Close Aide

The Punjab and Haryana High Court on Monday directed the Central Bureau of Investigation (CBI) to register a criminal case to probe allegations of corruption linked to the Punjab Chief Minister Bhagwant Mann's office.A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said it was "not impressed by the manner in which Punjab Police has acted so far" and that a fair...

Trial Court Can't Keep Adjourning Bail Plea Merely Because Transfer Petition Is Pending In High Court Without Stay: P&H High Court

The Punjab and Haryana High Court has held that a trial court is duty bound to decide a pending bail application where the High Court has granted no stay, and cannot keep adjourning it simply to await the outcome of a related transfer petition.Justice Ramesh Kumari, allowing a petition under Section 528 of the BNSS, observed that in the absence of any interim stay, the trial court "is duty...

Factory Blast | National Safety Council Report, CCTV Can't Be Discarded At Charge Stage For Want Of Formal Proof: P&H High Court

The Punjab and Haryana High Court has set aside charges of culpable homicide not amounting to murder and attempt to commit culpable homicide framed against the accused in a 2024 factory fire in Dharuhera that killed several workers, holding that the material on record did not prima facie disclose the intention or knowledge required for graver offences.Justice Virinder Aggarwal held that the...

S. 16(2)(c) CGST Act Valid, But Cannot Be Invoked Mechanically Against Buyers: Punjab & Haryana High Court Lays Down Guidelines

The Punjab and Haryana High Court has upheld the constitutional validity of Section 16(2)(c) of the CGST Act, 2017, which conditions a purchaser's Input Tax Credit (ITC) on the supplier actually paying the tax to the Government. However, it held that the provision cannot be applied as a standalone provision to mechanically reverse a purchasing dealer's ITC merely because the supplier defaulted...