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
This post is a summary of judgment wherein the claim raised by the petitioner in the present writ petition is that he retired on 30.04.2015, but his pensionary benefits were not released within a reasonable time after retirement and therefore, he is entitled to grant of interest on the delayed release of the pensionary benefits. The … Read more
This post discusses High Court Revision against Framing of Charges order is maintainable or not? As per Supreme Court rule the bar under 397 (2) doesn’t apply. Rajasthan High Court – Jodhpur Deepa Ram vs State[1] on 18 August, 2020 Bench: Manoj Kumar Garg What are the rules governing the stage of framing of charges … 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
In this post we will discuss the grounds of Anticipatory Bail for Proclaimed Offender in case registered under Sections 307, 506, 328, 148, 149, 323 and 120-B. Judgement Digest: Ashok v State of Haryana Also Read- Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail SECTION 438 CR.P.C – DIRECTION FOR GRANT OF BAIL TO PERSON APPREHENDING … Read more
This post talks about QUASHING OF FIR FOR OFFENCES U/S 323, 324, 34 OF I.P.C. ON THE BASIS OF COMPROMISES BETWEEN PARTIES. In this post we will discuss the grounds of Quashing of FIR for offences under sections 323, 324 and 34 of IPC. Judgement Digest: Bajinder Singh @ Baj And Anr vs The State … Read more
Post covers 498A Quashing against Mother in Law & Father in Law on Complaint by wife of Husband. See on what Score FIR gets quashed. 498A Fir in Matrimonial disputes is so common when there is no specific allegation against the family members of Husband including Mother in Law & Father in Law. Moreover trend … Read more
Post covers NDPS Section 21 Conviction Legal Advice Online wherein on what factors accused gets punishment under law & on what basis. TOPIC- Section 21 of NDPS Act (State Vs Inder Mohan) Through this analysis, the author will try to understand the section 21 of the NDPS act. This analysis will provide an in-depth assimilation … 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
HVAT Case in Punjab and Haryana High Court wherein the refund was not processed as per assessment order u/s 15(1). This post is a summary of judgment wherein the petitioner has approached this Court with a grievance that no refund has been issued to it as per the assessment order dated 18.03.2015 issued under Section 15(1) … Read more
Overall, the pendency of cases has increased significantly at every judicial hierarchy level in the last decade. Between 2006 and now, there has been an overall increase of 22% (64 lakh cases) in the pendency of cases across all courts. Over the years, due to the growing pendency of cases for long periods, the number … Read more
In this post we will discuss about Suspension of Sentence in Cheque Bounce case wherein the petition was allowed, in exercise of powers under Sections 397, 401 and 482 of the Cr.P.C., to the extent of extension of time for deposit of 25% of the amount of compensation awarded by the trial Court to the period of 90 days permitted … 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
In this post we will discuss the landmark judgment of Punjab and Haryana High Court in which the protest petition is allowed on the ground that the the Additional Sessions Judge having failed to exercise the jurisdiction under Section 438 Cr.P.C., in dismissing the anticipatory bail application of the petitioners despite the fact that it … Read more
In this post we will discuss about High Court Appeal in Cheque Bounce case wherein the court held that the right to appeal against conviction is an invaluable statutory right vested upon a convict by Cr.P.C., which cannot be allowed to be defeated by imposing any condition for availing such right. Cheque Bounce Appeal Also Read- … Read more
In this post we will discuss about an Injunction case wherein it was held the application filed by the complainant by invoking section 156(3) CrPC, directing the magistrate to order an investigation citing the commission of the cognizable offense by the accused, was dismissed by the magistrate. As the magistrate is not always bound to … Read more
In this post we will discuss about a Revision Petition against order dismissing Suspension of Sentence wherein The Honorable court found no ground for any interference in the findings of conviction of the petitioner for offences under Sections 279 and 304-A IPC as recorded by learned JMIC and as affirmed by the Court of Sessions … Read more
In this post we will discuss about PHHC Regular Second Appeal in Will Case wherein case the nuances of Will were discussed and the rule of registration was also discussed at length. The fact that succession was given more pediment as opposed to the Will which was produced as a secondary evidence is a point … Read more
In this post we will discuss about a case wherein the conviction was set aside by The Punjab and Haryana High Court on the ground that there is mere suspicion and no direct or circumstantial evidence in the case to indicate the guilt of the accused. Conviction set aside by High Court Also Read- … 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 about a petition by mother to hand over the custody of her daughter to the petitioner and to provide adequate security to the petitioner and her minor daughter. Custody of Child Case The following article addresses a petition filed by Mandeep Kaur (petitioner) against the State of Punjab and … 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. PANCHAYATI DIVORCE … Read more
Enhancement of Compensation on Account of Death MACT Case. In this post we will discuss about an appeal seeking enhancement of compensation on account of death of Sukhbir Singh in a motor vehicular accident that took place on 29.01.2010. Enhancement of compensation under MACT Law Today we will discuss about an appeal seeking enhancement of … Read more
In this post we will discuss about a Complainant by Sukhwinder Kaur against her matrimonial relatives , under section 498-A, 406, 506 IPC and under section 34 of Dowry Prevention Act and later appealed for the quashing of the FIR registered against the accused Darbara Singh V. State of Punjab Introduction In India, there are … Read more
In this post we will about procedure for quashing of FIR after the police conducted a raid and seized Liquor bottles from a person’s residence. JUDGEMENT DIGEST ON Ishvarbhai Samatbhai Chudasama vs. State of Gujarat In this case, we will cover and give an overview of the case Ishvarbhai Samatbhai Chudasama vs. State Of Gujarat … Read more
In this post we will discuss about a case in which an ex –Serviceman was granted a Graduation Certificate by the Central Government and the main issue was whether the holder of a certificate can be deemed to be a graduate Case Brief 2020 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KRISHAN … 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. Anil Kumar vs Rameshwar Dass And Anr on 18 February 2020 Appellants Anil Kumar Respondents Rameshwar Dass & Anr. In the present appeal, the plaintiff has … Read more
In this post we will discuss about a writ petition that was filed for correction of date of Birth in CBSE certificate. Angad Singh Chohan vs Central Board Of Secondary Education on 19 December 2016 Petitioner Angat Singh Chohan Respondent CBSE and others In the instant case, the petitioner had filed a writ petition seeking … Read more
In this post we will discuss about the powers of magistrate in Cognizable offences to order for an investigation . M/s Sujan Multiports Ltd. v. State of Haryana and Others. POWER TO ORDER AN INVESTIGATION- In this case, the Magistrate has the powers vested in him to order for an investigation even if the Police … Read more
In this post we will discuss about the procedure to add new parties in cases related to will under Order I Rule 10 of the Civil Procedure Code, 1908. Uma Jain v. Satish K Oswal and Anr Challenge of Will- Revision Petition The present case has been filed as a revision petition under Article 227 … Read more
In this post we will discuss about the grounds for transfer of matrimonial disputes to the court of competent jurisdiction at Punjab Haryana High Court at Chandigarh. Shashi Bala vs Sanjeev Kumar 21 April, 2015 T.A. No. 612 of 2012 THE HIGH COURT OF PUNJAB AND HARYANATransfer Application No. 612 of 2012 (O&M)Date of decision: … Read more
In this post we will discuss about a petition that was filed by the Allahabad Bank by way of seeking a Writ of Mandamus, guiding loan defaulters to implement the order passed by the District Magistrate of Kurukshetra demanding repayment of loan by taking over the possession of the properties mortgaged physically. Allahabad Bank v. … Read more
In this post we will discuss whether anticipatory bail can be granted in lieu of offences committed under Section 498A, 354, 509, 323 and 506(2) of the Indian Penal Code. Grant of Anticipatory Bail in Offences against Women. Balaji Chandrakant Joshi v. The State of Maharashtra Application of Anticipatory Bail- Anticipatory Bail is a concept … 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
This post talks about Jurisdiction of AFT CAT , NCLT DRT, High Court Chandigarh & District Court across tricity with relevant statute and weblink of the same. JURISDICTION OF VARIOUS COURTS/ TRIBUNALS/ JUDICIAL BODIES Supreme Court The Supreme Court has an original and exclusive jurisdiction to decide on disputes between the states or the centre … Read more
In this post we will discuss about appointment of pgt teachers and the requirements to be as considered as a PGT teacher. Judgment Digest: Sanjay Dabas v. State of Haryana and Others This report looks into a judgment of The Punjab and Haryana High Court on the order of a District Judge who, acting in … Read more
In this post we discuss about quashing of FIR when both the parties compromise in matrimonial disputes under the inherent powers of the court mentioned in Section 482 Criminal Procedure Code, 1973 between couple involving Husband & wife. INTRODUCTION:-Compromise quashing is filed in case of Non-Bailable Offence and non-compoundable Offences (S. 320 Cr.P.C.) or Offences under the … Read more
In this post we will discuss about dismissal of writ petitions in consumer cases when an alternative remedy is provided by the law before Punjab Haryana High Court Chandigarh Article 32 and Article 226 of the Constitution provide two separate but parallel provisions of writ jurisdiction with the Supreme Court and High Courts respectively. The … Read more
POWER OF SHIROMANI GURDWARA PARBANDHAK COMMITTEE The Shiromani Gurdwara Parbandhak Committee (or SGPC) is an organization in India responsible for the management of gurdwaras, Sikh places of worship in three states of Punjab, Haryana, and Himachal Pradesh and union territory of Chandigarh. Also Read- Criminal Revision Cheque Bounce High Court Chandigarh The foundation of this … Read more
Through this post, we will dissect the essentials for granting a regular bail in the cases involving various sections of IPC including murder and conspiracy by delving deep into the niche aspects of the law. We look at this scenario in light of the judgement passed by the Punjab-Haryana High Court in the case of … Read more
This is a case digest on Punjab State Teacher Eligibility Test challenged in High Court Chandigarh wherein court partially allowed the petition and gave one mark to students who have given option ‘C’ as correct answer to question no. 131. If the new total of marks make them eligible, then they shall be entitled to … Read more
This is a case digest of judgment where Punjab Government preferred appeal against the order of single judge of Punjab Haryana High Court Chandigarh for Stepping up of Pay wherein the writ petition was already allowed. The LPA got dismissed from the division bench of Punjab Haryana High Court Chandigarh being devoid of merit. The … Read more
This is a case digest on Chandigarh High Court FIR Quashing in case of a PO (Proclaimed Offender) wherein compromise was arrived between the parties. Moreover the offences listed were not of heinous nature. Thus Punjab Haryana High Court exercised its discretion under Section 482 of CRPC to quash the FIR in the interest of … Read more
This post is a case digest on Quashing of FIR under Section 188 IPC by Madras High Court where before registering of FIR mandatory compliance of Sec 195 CrPC should have been done. Since in this particular case, the compliance was not done and the complaint do not assert making of unlawful assembly, the present … Read more
This is case digest on Judgment of Punjab Education Tribunal challenged before Punjab and Haryana High Court at Chandigarh wherein the proposal of management to dismiss was rejected by the Director Higher Education and same was upheld by the Education Tribunal Punjab at Mohali. Now the college management went in writ petition before high court … Read more
This post is a case digest on Removal From Service Challenged in High Court after CAT Tribunal maintained the order of termination from services. The petitioner cannot be regularized or reinstated in the government due to his age. High Court held that the Maharashtra Administrative Tribunal has erred in holding that the impugned order does … Read more
This post is a case digest wherein petitioners were summoned in 498 A Offences under Sec 319 of CrPC and later applied for Anticipatory bails under Sec 438 CrPC. Since the names of petitioner were kept in column no. 2 of the challan, they were called in for joining the investigation. The benefit of interim … Read more
Call Us