Punjab & Haryana High Court Sets Aside Proclaimed Offender Order Due to Non-Compliance of Section 82 CrPC In an important ruling dated 21 January 2026, the Punjab & Haryana High Court clarified the mandatory procedural requirements under Section 82 CrPC (now corresponding provisions under BNSS) for declaring an accused as a Proclaimed Person/Proclaimed Offender. … Read more
Punjab & Haryana High Court Dismisses RSA: Fresh Cause of Action & Strict Proof Required for Adverse Possession In a significant judgment dated 28 January 2026, the Punjab & Haryana High Court reaffirmed two important civil law principles: When a second suit is maintainable despite withdrawal of an earlier suit Strict proof required to … Read more
Case Covers PO Order Quashing Punjab Haryana HighCourt Chandigarh wherein Judicial Magistrate Ist Class declared petitioner proclaimed person. Who is Proclaimed Person? A “proclaimed person” (or offender) in legal terms is someone a court declares to be evading justice, typically by failing to appear for a serious criminal case, leading to public notices, potential arrest … Read more
This post covers RERA Appeal High Court Chandigarh Panchkula Gurugram wherein after RERA Appellate Tribunal Order of Panchkula Gurugram Authority is challenged. After RERA Panchkula-RERA Gurugram order, first Appeal lies to Haryana Real Estate Appellate Tribunal and of RERA Punjab Authority to Real Estate Appellate Tribunal, Punjab under Section 44 of the Real Estate (Regulation … Read more
High court cases regarding passport issuance often involve a court ordering the passport authorities to process an application, with conditions like obtaining prior permission from the trial court for international travel if a criminal case is pending. Courts have ruled that a pending criminal case alone should not be a complete bar to obtaining a … Read more
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the High Court can quash an FIR by exercising its inherent powers under Section 528 BNSS. This remedy is available when the FIR is considered unjust, malicious, or an abuse of process, such as when it is filed to harass someone or is a disguised civil dispute. It … Read more
Chandigarh feathers so many courts and one out of such is Punjab and Haryana High Court. It’s definitely an architectural marvel designed by none other than Le Corbusier. Also known as Palace of Justice. It is situated in capitol complex Sector 1 Chandigarh, next to Sukhna Lake. The High Court of Punjab and Haryana (commonly known as … Read more
Post covers Regularization Petition High Court Chandigarh wherein petition under Articles 226/227 of the Constitution for allowing claim rejected by respondent. Usually government departments regularize the services of employees based on their tenure/stay in accordance with the regularization policy prevailing. Also, sometimes through courts order where necessary intervention of High Court Chandigarh required. Applicant usually … Read more
Recalling Order Punjab and Haryana High Court (PHHC) at Chandigarh if sufficient cause is established under its inherent powers. A recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice.Let’s not confuse Recall with Review at all. In Review Petition (PHHC), … Read more
Framing of Charges Challenged in High Court Revision discussing the maintainability grounds. If you are aggrieved by the framing of charges, you can challenge it in the High Court by filing a revision. You can claim that the charge sheet and documents do not provide any grounds to presume that you committed the offense. Framing … Read more
This post is a summary of judgment wherein Petition herein is seeking issuance of a writ in the nature of mandamus directing the respondents to release dues and other admissible service benefits like family pension, gratuity, leave encashment, GPF and GIC, etc. of late Sh. Nirlep Singh. The Court held, “Without commenting on the merits of … Read more
FIR Quashing can be contested or via Compromise also in Punjab Haryana High Court at Chandigarh. Section 323 Compromise Quashing of the Indian Penal Code (IPC) defines the offense of voluntarily causing hurt to another person. In this post we will discuss the grounds of Quashing of FIR for offences under sections 323, 324 and … Read more
Post covers Extension in Service Case High Court Chandigarh The policy granting extension to the employees has since been scrapped by the Punjab Government Case- SURESH KUMAR VS STATE OF PUNJAB AND OTHERS The petitioner, Suresh Kumar, filed a civil writ petition before the High Court of Punjab and Haryana, under article 226/227 of the … Read more
Transfer of Investigation Case High Court Chandigarh must insist establish and prove them from the facts and circumstances to the satisfaction of the court JUDGEMENT SUMMARY GAUR GURPREET V. STATE OF PUNJAB, 12th August, 2013 Also Read- Punjab Haryana High Court Chandigarh Today we are going to talk about the case of Gaur Gurpreet v. … Read more
The Punjab and Haryana High Court regularly handles HVAT (Haryana Value Added Tax) cases, focusing on disputes over statutory pre-deposits, tax liability on contracts, and assessment timelines. Key recent trends show strict enforcement of pre-deposit requirements under Section 33(5) and validation of input tax credit (ITC) on industrial losses. Key HVAT Cases in Punjab & … Read more
The Punjab & Haryana High Court has prohibited police in Punjab, Haryana, and Chandigarh from conducting parallel inquiries (simultaneous investigations) after an FIR is registered, deeming it a serious interference with the justice process. Once an investigation begins, no separate, unofficial inquiries into an accused’s innocence are permitted. Overall, the pendency of cases has increased significantly at … Read more
The Punjab and Haryana High Court at Chandigarh has reinforced that trial courts can direct the accused to pay up to 20% of the cheque amount as interim compensation under Section 143A of the Negotiable Instruments Act. Furthermore, under Section 148, appellate courts may require a 20% deposit of the fine/compensation, though it is not … Read more
In this post we will discuss about Application of Anticipatory Bail by Declared Absconder wherein The Hon’ble High Court Held that in the present case under study the anticipatory bail application was not maintainable and was accordingly dismissed as being not maintainable as the petitioner had been declared as an absconder under Section 82 of … Read more
A protest petition is a legal mechanism allowing a victim or complainant to challenge a “negative” police report (Final Report/Closure Report) in a criminal case. It is filed before a Magistrate when the police fail to find evidence or recommend closing the case. The Magistrate can accept the report, order further investigation, or treat the … Read more
What happens when your 498A Discharge Application gets rejected, then you move in Appeal before High Court. Yes, the case is about that. In this post we will discuss that the Allahabad High Court disposed off the petition on the ground that the High Court has no jurisdiction to appreciate the evidence of proceedings under … Read more
Based on recent Punjab and Haryana High Court rulings, complainants in cheque bounce cases (Section 138 NI Act) can appeal acquittals directly to the Sessions Court as “victims” under Section 372 of the CrPC, without needing special leave from the High Court. Appellate courts may, however, require a 20% deposit of the compensation/fine amount for suspending sentences. … Read more
The Punjab and Haryana High Court in Chandigarh handles Will challenges by requiring strict proof of validity, emphasizing that the document is a “solemn” testament that must reflect the true wishes of the deceased. Mere allegations are insufficient; the propounder must provide credible evidence, including witness testimony, to overcome suspicions. In this post we will … Read more
The Punjab and Haryana High Court recently set aside several conviction orders based on procedural lapses, invalid sanction orders, and voluntary compromises. Key grounds for quashing convictions included failure to properly record statements under Section 313 CrPC, invalid corruption sanctions, and compounding offenses post-conviction. In this post we will discuss about a case wherein the … Read more
In this post we will discuss about an a petition by a proclaimed offender for Anticipatory bail wherein the court dismissed the petition and the petitioner was directed to surrender before the trial Magistrate within seven days. In this post we will discuss about a Petition filed by a Public Offender for concession of grant … Read more
In this post we will discuss about Maintainability of Revision Petition Before High Court and its power regarding revision and remedy available at disposal, the condition precedent and other essentials for maintainability of revision before the High Court. In this report we will learn about revision and its implication. The report entails the high court’s … Read more
In this post we will discuss about a Civil Revision Petition to set aside Eviction Order wherein the High Court held that the repairs that became imperative for maintaining the integrity of the building ought not to be taken as an actionable wrong by the tenant that could render him liable for eviction. Civil Revision Petition … Read more
In this post, we will discuss the grounds on which the regular bail under section 439 CrPC is granted from Punjab and Haryana High Court Chandigarh with a view that there is delay in lodging FIR as well as on the ground of personal search under section 22 of NDPS act. In this post, we … Read more
In this post we will discuss about the decision of the high court of Punjab and Haryana in which the Hon’ble high court made it clear that Panchayati divorce has no legal sanction in the eyes of law and the marriage cannot be considered to be dissolved on the basis of such divorce. No, a … Read more
The Punjab and Haryana High Court has upheld the appointment of meritorious sportspersons (Arjuna Awardees) to HCS/HPS posts, dismissing review petitions filed by the state and civil service officers in January 2026. The Court reiterated that the “rules of the game cannot be changed midway” and upheld its April 2022 decision to honor sports achievements. … Read more
This post talks about pension case in Punjab Haryana High Court Chandigarh where it is held amount need to be released within 2 months from retirement else interest to be paid. The following article analyses a case revolving around pensionary benefits. The case was petitioned by one Satpal Singh (petitioner) against the State of Punjab … Read more
Education Tribunal Bill to Adjudicate Disputes in Education Sector In this post we will discuss about a recently introduced as Bill seeking to reform the higher education sector in the country, this Bill establishes Educational Tribunals at the national and state levels to expedite adjudication of disputes in the education sector. Looking out for Address … Read more
In this post we will discuss about a writ petition that was filed by a school teacher for payment of pension. Applicant submitted that if the State had fixed the grade pay in the year 2006 wrongly and some excess payment was paid to the petitioner then the same could not have been recovered after … Read more
Graduation certificates (equivalent to a bachelor’s degree) are granted to ex-servicemen (ESM) based on military training, long service (usually 10-15+ years), and experience, particularly for technical roles. These are recognized for employment by the Central and state governments. Key aspects of Graduation certificates include: Legal Standing: The Punjab and Haryana High Court has ruled that graduation … Read more
In this post we will discuss about a case related to ancestral property wherein both the petitioner and defendant who were family members claimed the ownership of the property. In case of a dispute over ancestral property, it is advisable to seek legal counsel and attempt amicable resolution through negotiations or mediation. If a resolution … Read more
In this post we will discuss about a writ petition that was filed for correction of date of Birth in CBSE certificate. The decision of the Hon’ble Supreme Court in the case of Jigya Yadav v. Central Board of Secondary Education, reported in (2021) 7 SCC 535. The prayer is to be made by the … Read more
In this post we will discuss about the powers of magistrate in Cognizable offences to order for an investigation . In Skipper Beverages Pvt. Ltd. v. State, 2001 SCC OnLine Del 448 and Ramdev Food Products (P) Ltd. v. State of Gujarat, (2015) 6 SCC 439 , Supreme Court held that under Section 156(3) of … Read more
In will probate cases, parties can be added by court order (under Order 1, Rule 10 of the Civil Procedure Code in India) if their presence is necessary for complete adjudication, like legal heirs contesting a will, or if they are necessary or proper parties whose rights might be affected, even if they weren’t initially included. … Read more
The Punjab and Haryana High Court in Chandigarh frequently hears RCR (Restitution of Conjugal Rights) transfer petitions under Section 24 of the Code of Civil Procedure (CPC). Courts generally allow transferring cases to a more convenient location, such as from a husband’s place to the wife’s residence, to ensure fairness, especially when financial or safety concerns … Read more
You can file a Writ Petition in the Punjab & Haryana High Court in Chandigarh against a bank for DRT matters, especially if the bank’s actions under SARFAESI Act are discriminatory or violate fundamental rights, but generally, the primary remedy is an appeal to the DRT (Debt Recovery Tribunal) under Section 17 and then DRAT (Debt Recovery Appellate Tribunal). The High Court intervenes … Read more
For Section 498A matrimonial offenses, the Punjab & Haryana High Court at Chandigarh handles bail petitions, often after initial denial from sessions courts, focusing on cases of alleged dowry harassment and cruelty, with courts sometimes flagging misuse but also granting bail or quashing FIRs if allegations are found baseless, though procedure involves applying to the … Read more
In this post we will discuss the obligation of state to protect unmarried couples. State Bound to protect Unmarried Couples: PHHC Judgment Digest: Amandeep Kaur And Another vs State Of Punjab And Others This report looks into a recent writ judgment of the Punjab and Haryana High Court, which looks into the matter of right … Read more
Jurisdiction of Indian courts is decided based on subject matter, territorial limits, and pecuniary (monetary) value, as defined by the Constitution and procedural codes like CPC (civil) and CrPC (criminal). Civil courts are generally determined by where the cause of action arises or the defendant resides, while criminal courts are determined by where the offense was committed. … Read more
This post is for law students and graduates who want to know how writ petitions are being drafted for High Court Chandigarh. Punjab and Haryana High Court entertains writ petition under Article 226/227 of the constitution of India. Also Read- Legal Drafting Basics for Law Students Fresher Junior Lawyers Legal Interns Let’s Read them first: … Read more
Under Section 43(5) of the RERA Act, 2016, a promoter must deposit at least 30% of the penalty or the total amount ordered (including interest/compensation) before the Real Estate Appellate Tribunal can hear an appeal. This mandatory pre-deposit ensures buyer protection and verifies the promoter’s bona fides. This report looks into a judgment of Punjab … Read more
The Haryana Education Tribunal, often constituted with District Judges presiding in each district following Supreme Court directions, functions as a quasi-judicial body for the swift resolution of disputes involving teachers, staff, and management of educational institutions. It handles service matters, including salaries, suspensions, and management conflicts. Key Aspects of the Haryana Education Tribunal: Function: Handles cases … Read more
Anticipatory bail is denied by the High Court when the offence is severe (e.g., rape, murder, terrorism), there is a high risk of the accused absconding, potential for tampering with evidence, or if custodial interrogation is necessary. It is a discretionary power, not a right, and may be rejected if allegations are grave. In This … Read more
Compromise quashing at the Punjab and Haryana High Court, Chandigarh, involves filing a petition under Section 482 of Cr.P.C. (or Section 528 of BNSS) to nullify FIRs based on mutual settlements, particularly in personal, non-compoundable disputes. The court exercises inherent powers to prevent abuse of process when conviction chances are remote. In this post we … Read more
Writ petitions under Article 226/227 are generally maintainable against consumer commission orders (District, State, or NCDRC) when there is a violation of fundamental rights, lack of jurisdiction, violation of natural justice, or no other efficacious alternative remedy available. While the Supreme Court often directs parties to use statutory appeals, High Courts can intervene in exceptional … Read more
You can appeal an order from the Education Tribunal Punjab to the Punjab and Haryana High Court within 60 days on a “question of law,” typically via a Writ Petition (Article 226) (CWP) for quashing orders, challenging dismissal/termination, or seeking reinstatement, with High Court cases frequently focusing on natural justice, proper procedure, and whether terminations were penal or performance-based, often upholding … Read more
Recent significant SGPC cases in the Punjab & Haryana High Court involve challenges to employee dismissals and withheld benefits, primarily related to the missing Guru Granth Sahib saroops, where the court affirmed the SGPC’s statutory service rules are binding, making writ petitions maintainable, and emphasized due process for employees, though upholding actions where misconduct (like misuse of saroops) was … Read more
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