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 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
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 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 the judgment of Allahabad High Court wherein it disposed off the petition on the ground that the High Court has no jurisdiction to appreciate the evidence of proceedings under section 482 Cr.P.C. because whether there are contradiction or in consistence in the statement of the witnesses is essentially … 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 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 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. PANCHAYATI DIVORCE … Read more
Chandigarh High Court Allows Appointment of International Level Shooter in HCS. Summary- In this post we will discuss about the order of Punjab and Haryana high court in which has directed the Haryana government to issue an appointment letter to an international level shooter who was allegedly denied a post in Haryana civil service (executive … 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 Educational Tribunal Today we are … Read more
In this post we will discuss about a writ petition that was filed by a school teacher for payment of pension. Anita Sharma vs State Of Punjab & Ors 9 January, 2018 THE HIGH COURT OF PUNJAB & HARYANA CWP No. 13433 of 2016 (O&M)Date of Decision: 09.01.2018Petitioner- Anita SharmaRespondents- State of Punjab and others Petitioner … 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
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
This report looks into a judgment of Punjab and Haryana High Court in the matter of a statutory provision contained in the Real Estate (Regulation and Development) Act 2016. The appellant wished that the deposit as stipulated by the provision should be waived off in light of the unique circumstances of his case. However, appeals … 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 the grounds for refusal of Anticipatory bail to an Ex-DGP who is alleged to have been involved in custodial death of Balwant Singh Multani. This post will enable readers on what premise generally High Courts are inclined to grant concession of anticipatory bail to petitioners. Judgment Digest: Sumedh Singh … 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
Punjab and Haryana High Court upholding the decision of Punjab Educationl Tribunal. The petitioner argued that the dismissal of the petitioner was illegal because it was based merely on the assumption that the petitioner was a whistle-blower as his name had incidentally appeared in an article highlighting the plight of the Lecturers.The court, however, rejected … 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 post is case digest on Medical Reimbursement Writ High Court Chandigarh where the claim of the petitioner for medical reimbursement has been rejected as petitioner was not able to submit bills within stipulated 30 days. The insurance company was directed to pay the payment @9% from the date of bills received in the deputy … 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
In the recent case of Gurmail Singh vs Punjab Water Supply and Sewerage, the high court of Punjab and Haryana have stated the position with respect to continuation of disciplinary proceedings after the retirement of an employee. In the present writ petition the grievance of the petitioner is that the petitioner has already retired on … Read more
This case digest discusses interpretation of tax statutes wherein two different interpretations are possible, the one favouring the assessee should be preferred. Herein this case the assessee prayed the interpretation of fruit drinks under different heads as contemplated by the government. The court favoured the assessee in clearing the difference of definitions between the fruit … Read more
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