Punjab & Haryana High Court Denies Pre-Arrest Bail To Acupressure Practitioner For Unauthorisedly Treating Patient Resulting In Leg Amputation
2 years, 5 months ago

Punjab & Haryana High Court Denies Pre-Arrest Bail To Acupressure Practitioner For Unauthorisedly Treating Patient Resulting In Leg Amputation

Live Law  

Punjab and Haryana High Court recently denied anticipatory bail to an acupressure practitioner who gave treatment to a patient suffering from a disease called gangrene, for which she was not qualified to administer treatment. In the present case treatment has been given by the petitioner-accused for a disease, which was beyond her knowledge and qualification, for which she was not authorised and none of her educational qualifications brought to the notice of this Court are recognized by the competent authorities like Medical Council of India or any State Medical Board to advance the practising in alternate medicine for the ailment of gangrene. The bench comprising Justice Sandeep Moudgil held that even according to her qualifications i.e., acupressure and ElectroHomeopathy Medical System, she still had a duty to use "reasonable degree of care and skill" and had an implied undertaking not to breach such duty to give a way to negligence which resulted into huge damage that cannot be compensated in any manner whatsoever. This Court is sanguine of the fact that the petitioner-accused, even according to her possessed qualification for acupressure and ElectroHomeopathy Medical System, has a duty to act with a reasonable degree of care and skill has an implied undertaking of not to give a chance for breach of such duty, has given a cause of action for negligence which resulted into huge damage to the father of the complainant, which cannot be compensated in any manner whatsoever.

Court Disease Resulting  punjab  court  acupressure  duty  qualification  high  disease  resulting  leg  medical  unauthorisedly  haryana  prearrest  patient  breach  treatment  negligence  present  practitioner  treating

History of this topic

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar
1 day, 17 hours ago

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar

New Indian Express  

NEW DELHI: The Delhi High Court on Monday refused to grant anticipatory bail to former IAS probationer Puja Khedkar who has been accused of cheating and wrongly availing of OBC and disability quota benefits in the civil services examination. Ruling that a strong prima facie case was made out against Khedkar, Justice Chandra Dhari Singh said investigation was required to …

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'
2 weeks ago

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'

Live Law  

The Punjab & Haryana High has granted Rs 2 lakh compensation for "unjust deprivation of liberty" of a man who was continued to be detained under NDPS Act, despite the forensic report revealing that the alleged contraband was nothing but paracetamol.Justice Kirti Singh noted that the petitioner was subjected to prolonged incarceration for a period of about "13 days despite …

POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants
2 weeks, 1 day ago

POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants

Live Law  

In a relief to TV News Anchor and Journalist Chitra Tripathi, the Punjab and Haryana High Court has set aside two orders of the Gurugram Court, issuing a non-bailable warrant of arrest against her in connection with a POCSO Case. It may be noted charges against 8 Journalists, including anchors Deepak Chaurasia, Chitra Tripathi, and Ajit Anjum, Syed Sohail, have …

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
3 weeks, 4 days ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National
3 weeks, 6 days ago

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National

Live Law  

The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities Act for allegedly being in touch with a Pakistani national and arranging money for "anti-national activities. The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities Act for allegedly being in touch with a Pakistani national …

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters
1 month ago

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Jail Superintendent accused of collecting bribe from gangsters to supply them mobile phones inside the Haryana's Kurukshetra prison and allowed visits of hard core criminal without entry in register. The Court rejected the plea that investigation against the Jail Superintendent was lodged without following the provision …

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
1 month, 1 week ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law  

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001
1 month, 2 weeks ago

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001

Live Law  

The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of …

Advocate Dinesh Jangra gets relief from high court in assault case
3 months, 3 weeks ago

Advocate Dinesh Jangra gets relief from high court in assault case

Hindustan Times  

The Punjab and Haryana high court granted anticipatory bail to Dinesh Jangra, an advocate accused in a high-profile assault case involving members of the Punjab and Haryana High Court Bar Association. The order was passed by Justice Manisha Batra overturning the decision of the additional sessions judge, Chandigarh, which had denied bail application of Dinesh Jangra. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} …

Female Infanticide In Punjab & Haryana Is 'Deeply Disturbing': HC Rejects Pre-Arrest Bail Of Doctor Accused Of Running Sex-Determination Racket
3 months, 3 weeks ago

Female Infanticide In Punjab & Haryana Is 'Deeply Disturbing': HC Rejects Pre-Arrest Bail Of Doctor Accused Of Running Sex-Determination Racket

Live Law  

Observing that "female infanticide remains a deeply disturbing issue in India, particularly in this part of the country", the Punjab & Haryana High Court has refused to grant pre-arrest bail to a doctor accused of operating widespread illegal sex determination racket in both states.Justice Manjari Nehru Kaul said, "It needs to be pointed out that female infanticide remains a deeply. …

HC notice on plea seeking ₹5-cr relief in ‘custodial death’ case
4 months, 1 week ago

HC notice on plea seeking ₹5-cr relief in ‘custodial death’ case

Hindustan Times  

The Punjab and Haryana high court has sought response from the Punjab government on a plea from a Rupnagar woman seeking ₹5 crore compensation and transfer of the probe to the Central Bureau of Investigation into the alleged custodial death of her husband. The Punjab and Haryana high court has sought response from the Punjab government on a plea from …

High Court Issues Notice To CBI On Plea To Probe Alleged Custodial Death Of Man In Punjab Prison
4 months, 1 week ago

High Court Issues Notice To CBI On Plea To Probe Alleged Custodial Death Of Man In Punjab Prison

Live Law  

The Punjab & Haryana High Court has issued notice to the Central Bureau of Investigation and the Punjab Government on a plea filed by a woman seeking a CBI probe into the alleged custodial death of her husband in Punjab's Rupnagar prison.While adjourning the matter to September 30, Justice Vinod S. Bhardwaj said, "Reply, if any, be filed on or …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
6 months, 2 weeks ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment
7 months, 1 week ago

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment

Live Law  

The Punjab & Haryana High Court has issued bailable warrants against an IAS officer to ensure her presence in a contempt plea filed by a man for allegedly violating the High Court's order and causing "illegal obstruction" in the construction of a plot.Justice Rajbir Sehrawat said, "to ensure the presence of the respondent before this Court on the next date …

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition
7 months, 2 weeks ago

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition

The Hindu  

The Madras High Court on Wednesday called for a report from the Coimbatore District Legal Services Authority after being informed that the latter had deputed three empanelled lawyers and an orthopaedician to check on the health of YouTuber ‘Savukku’ Shankar, alias A. Shankar, following complaints of custodial violence in the Coimbatore Central Prison. While Senior Counsel R. John Sathyan, representing …

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
7 months, 2 weeks ago

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

Live Law  

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority. A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was …

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court
7 months, 3 weeks ago

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court

Live Law  

Dealing with a "unique prayer" seeking fifteen days' advance notice in case the investigator proposes to arrest the accused in a corruption case, the Punjab & Haryana High Court said that if a pre-arrest bail plea is filed and investigators take a stand that they do not intend to arrest, then the Court can direct them to inform the accused …

SC seeks status of criminal cases against Ramdev in Bihar, Chhattisgarh
8 months ago

SC seeks status of criminal cases against Ramdev in Bihar, Chhattisgarh

Hindustan Times  

The Supreme Court on Friday sought the status of criminal cases pending against Baba Ramdev in Bihar and Chhattisgarh since 2021 over his remarks against the allopathic cure for Covid-19 while posting his petition for clubbing them for hearing in July. “During the peak of the Covid-19 pandemic, the petitioner, motivated by a purely commercial objective, indulged in not only …

Won't Proceed With Trial Of Congress MLA Sukhpal Singh Khaira In NDPS Case : State Of Punjab Tells Supreme Court
8 months, 2 weeks ago

Won't Proceed With Trial Of Congress MLA Sukhpal Singh Khaira In NDPS Case : State Of Punjab Tells Supreme Court

Live Law  

The Supreme Court, in a 2015 case registered against Congress MLA Sukhpal Singh Khaira under the Narcotic Drugs and Psychotropic Substances Act and the Arms Act, was informed that it would not proceed with the trial. Accordingly, the bench of Justices Bela M Trivedi and Pankaj Mithal recorded in their order: “Learned Senior Counsel Mr. Siddharth Dave for the respondent …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
8 months, 3 weeks ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

Allahabad High Court Grants Bail To SHUATS Director Vinod Bihari Lal In An Attempt To Murder Case
9 months ago

Allahabad High Court Grants Bail To SHUATS Director Vinod Bihari Lal In An Attempt To Murder Case

Live Law  

The Allahabad High Court today granted bail to Sam Higginbottom University of Agriculture, Technology And Sciences director Vinod Bihari Lal in a case lodged against him for allegedly attempting to murder, causing grievous hurt to a person. Importantly, it was strongly argued that the applicant, along with University officials moved a Writ Petition before the Apex Court challenging the instant …

'Specify Cause of Injury': HC Pulls Up PGI Rohtak in 'Abducted' Farmer's Case
9 months, 3 weeks ago

'Specify Cause of Injury': HC Pulls Up PGI Rohtak in 'Abducted' Farmer's Case

The Quint  

The Punjab and Haryana High Court on Wednesday, 28 February, pulled up PGIMS Rohtak for not specifying the extent or the cause of the injury received by protesting farmer Preetpal Singh, who was allegedly "kidnapped" by Haryana Police personnel from the Khanauri Border between Jind and Sangrur on 21 February. The Post Graduate Institute of Medical Sciences, Rohtak, on 28 …

SC denies bail to alleged member of Sikhs for Justice in UAPA case
10 months, 2 weeks ago

SC denies bail to alleged member of Sikhs for Justice in UAPA case

New Indian Express  

NEW DELHI: The Supreme Court has denied bail to an alleged Khalistani separatist, Gurwinder Singh, who is purported to be a member of banned outfit 'Sikhs for Justice', after noting that prima facie his complicity in preparation for a terrorist act could not be ruled out. The National Investigation Agency had registered a case and probing the alleged role of …

Undertrials/Convicts Have A Right To Get Adequate Medical Treatment: Allahabad HC Grants Interim Bail To MP Atul Rai On Medical Grounds
10 months, 3 weeks ago

Undertrials/Convicts Have A Right To Get Adequate Medical Treatment: Allahabad HC Grants Interim Bail To MP Atul Rai On Medical Grounds

Live Law  

The Allahabad High Court on Monday granted interim bail to Ghosi MP Atul Rai on medical grounds until March 22 noting that he is suffering from a “life-threatening” ailment and hence, needs immediate redressal. Perusing a supplementary affidavit along with the letter of the Director, SGPGI and report of the Medical Board constituted under the orders of the HC, the …

[Health Department Job Fraud Case] Kerala High Court Dismisses Anticipatory Bail Plea, Says Custodial Interrogation Necessary
10 months, 3 weeks ago

[Health Department Job Fraud Case] Kerala High Court Dismisses Anticipatory Bail Plea, Says Custodial Interrogation Necessary

Live Law  

The Kerala High Court today dismissed a pre-arrest bail application by the second accused in the health department job fraud case, referring to their criminal antecedents in its order. A single judge bench of Justice CS Dias stated that “particularly taking note of the financial transaction between the victim and the petitioner, the criminal antecedents of the petitioner and the …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
10 months, 3 weeks ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Punjab & Haryana High Court Grants Bail To Congress MLA Sukhpal Singh Khaira In 2015 Drugs Case
11 months, 2 weeks ago

Punjab & Haryana High Court Grants Bail To Congress MLA Sukhpal Singh Khaira In 2015 Drugs Case

Live Law  

The Punjab & Haryana High Court has granted bail to Congress MLA from Punjab's Bholath, Sukhpal Singh Khaira in 2015 International Drugs trade case, observing that he "cannot be said to be prima facie guilty for any allegations".Khaira was arrested on September 28, 2023 in a case related to massive heroine trade. The Punjab & Haryana High Court has granted …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence
1 year, 1 month ago

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Live Law  

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give …

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior
1 year, 3 months ago

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior

Live Law  

The Punjab & Haryana High Court has expunged the "disparaging remarks" made by a Sessions Court against former Police Commissioner of Gurugram, while deciding the anticipatory bail plea of a junior IPS officer.Justice Vinod S. Bhardwaj said, "The remarks extracted above were not integral for the final adjudication of the anticipatory bail application filed by accused–Dheeraj Kumar. The Punjab & …

Punjab & Haryana High Court Refuses Bail To ASI Probing Rape Case, Caught On Camera Accepting Bribe From Complainant
1 year, 3 months ago

Punjab & Haryana High Court Refuses Bail To ASI Probing Rape Case, Caught On Camera Accepting Bribe From Complainant

Live Law  

The Punjab & Haryana High Court has rejected the anticipatory bail plea of an Assistant Sub-Inspector of Police who is investigating a rape case and was recorded taking a bribe from the complainant in a viral video.Justice Anoop Chitkara said, "the petitioner was the investigator in a very heinous offence involving Sections 376 and 328 IPC. The Punjab & Haryana …

Punjab & Haryana High Court Weekly Round Up: September 11 To September 17, 2023
1 year, 3 months ago

Punjab & Haryana High Court Weekly Round Up: September 11 To September 17, 2023

Live Law  

Nominal IndexChandeep Singh @ Gabbar Singh v. National Investigation Agency 2023 LiveLaw 167Zile Singh v. Joginder Singh and ors. 2023 LiveLaw 169 Dhananjay Chauhan v. Sanjeev Kaushal and others 2023 LiveLaw 170 Rampal v. State of Haryana 2023 LiveLaw 171 X v. State 2023 LiveLaw 172 Reports Can't Deny Bail Merely Because Charge Framed Under UAPA, Courts Must Examine Role …

Can't Deny Bail Merely Because Charge Framed Under UAPA, Courts Must Examine Role Of Accused: Punjab & Haryana High Court
1 year, 3 months ago

Can't Deny Bail Merely Because Charge Framed Under UAPA, Courts Must Examine Role Of Accused: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that it is the "bounded duty" of Trial Court to examine the role of an accused under the Unlawful Activities Act while deciding his bail plea under stringent Section 43-D.A bench of Justice G.S Sandhawalia and Justice Rajesh Bhardwaj observed that merely because a charge has been framed under UAPA would not …

Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab
1 year, 3 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab

Live Law  

The Punjab & Haryana High Court has granted bail to a man accused of having links with agents of Inter-Services Intelligence of Pakistan, who was allegedly targeting people for ransom in Punjab for creating communal tension.Observing that further incarceration of the petitioner is not required, the bench of Justice Jagjit Singh Bedi said, "The veracity of the prosecution case against. …

Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 4 months ago

Drugs case: High court refuses anticipatory bail to Raj Jit

Hindustan Times  

The Punjab and Haryana high court dismissed anticipatory bail plea of sacked assistant inspector general Raj Jit Singh Hundal, an accused in a drug smuggling case, observing that he might indulge in threatening witnesses. Referring to initiation of criminal case against him following opening of sealed cover reports on drugs by the high court, the bench said it would be …

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 5 months ago

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court

Live Law  

The Supreme Court on Monday held that if a person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is …

Adulterated Sanitizers: Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused, Says ‘Played With Lives Of People For Their Personal Gain’
1 year, 5 months ago

Adulterated Sanitizers: Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused, Says ‘Played With Lives Of People For Their Personal Gain’

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to two persons who are alleged to have been involved in manufacturing, sale and distributing hand sanitizer, which was found to be not of standard quality by a Government Analyst. Justice Moudgil noted that the petitioners were partners of the firm that manufactured the hand sanitizers and it …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 5 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

Punjab & Haryana High Court Dismisses Plea Challenging Gurgaon Court's Order To Remove Stray Dogs From Court Premises, Says 'Not Maintainable'
1 year, 5 months ago

Punjab & Haryana High Court Dismisses Plea Challenging Gurgaon Court's Order To Remove Stray Dogs From Court Premises, Says 'Not Maintainable'

Live Law  

The Punjab & Haryana High Court has dismissed the plea challenging Gurgaon court's direction to remove stray dogs from the court premises within a period of 15 days from the date of passing of the order. The bench of Justice Rajesh Bhardwaj said, “the petitioner has failed to show their locus standi in the absence of being a party to …

Punjab & Haryana High Court Refuses To Grant Bail To Army Man Accused Of Sending Information About Military Stations To Co-Accused With Pak Links
1 year, 5 months ago

Punjab & Haryana High Court Refuses To Grant Bail To Army Man Accused Of Sending Information About Military Stations To Co-Accused With Pak Links

Live Law  

The Punjab & Haryana High Court has refused to grant regular bail to an Army personnel Harpreet Singh, who is accused of providing secret information and documents to a co-accused, who was apprehended allegedly with 70 grams of heroin in 2021. The bench of Justice Manjari Nehru Kaul said, “Prima facie there are very grave, serious and specific allegations against …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 6 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 8 months ago

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail. Observing that though, at this stage, the Court will not minutely …

Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case
1 year, 8 months ago

Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case

Live Law  

The Punjab and Haryana High Court recently granted bail to a retired army personnel, who had been imprisoned for nearly a year, holding that mere registration of other cases against the petitioner could not be taken as the sole material consideration for denying him bail. “Furthermore during investigation it has been found by the investigating agency that a sum of …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
1 year, 9 months ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Punjab & Haryana High Court Orders Arrest Of Dismissed DSP Who Circulated 'Derogatory' Videos Against HC Judges
1 year, 10 months ago

Punjab & Haryana High Court Orders Arrest Of Dismissed DSP Who Circulated 'Derogatory' Videos Against HC Judges

Live Law  

The Punjab and Haryana High Court on Monday directed the Commissioner of Police, Ludhiana to arrest dismissed Punjab Police DSP Balwinder Singh Sekhon and one Pardeep Sharma and produce them before Court to answer the charge of contempt on Feb 24 for circulating 'malicious', 'libelous', and 'derogatory' videos on social media pertaining to judicial proceedings of the Judges of the …

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
1 year, 11 months ago

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail. To reach to this conclusion, the Court relied upon …

Punjab & Haryana High Court Annual Digest 2022 [Citations 1 - 335]
1 year, 11 months ago

Punjab & Haryana High Court Annual Digest 2022 [Citations 1 - 335]

Live Law  

Citations 1 To 335: 1. POCSO Act | Chargesheet Filed Without FSL Report Not Incomplete, No Ground For Default Bail U/S 167 CrPC: Punjab & Haryana High Court Case Title: Kulwinder Singh v. State of Punjab Citation: 2022 LiveLaw 91 The Punjab and Haryana High Court, while dealing with a case registered under provisions of the Protection of Children from …

Punjab And Haryana High Court Grants Bail To Accused In Chandigarh University Video Leak Case
2 years ago

Punjab And Haryana High Court Grants Bail To Accused In Chandigarh University Video Leak Case

Live Law  

The Punjab and Haryana High Court on Monday granted bail to Sanjeev Singh, an accused arrested in September in the Chandigarh University video leak case.Justice Amarjot Bhatti in the order said entire investigation is complete and the accused cannot be put behind the bars for an indefinite time period. The Punjab and Haryana High Court on Monday granted bail to …

Discover Related