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 to slightly be relaxed by 6 months while maintaining the minimum custody of 15 months after conviction. Therefore, the evidence on record justified their conviction by the Special Court Reliance was placed upon the judgement of the Supreme Court in Budhiyarin Bai vs. State of Chhattisgarh 2022 RCR 339 where it was held that no leniency should be shown to accused persons who are found guilty under the NDPS Act and in other cases it has held that period of custody undergone cannot be a criterion to suspend the sentence and grant bail. In view of this additional factor, the bench was of the considered opinion 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 laid down in the decision of Daler Singh is liable to slightly relaxed by 6 months while maintaining the minimum custody of 15 months after conviction." Allowing the application the bench held, "Since in the instant case the applicant has undergone 5 and a half years of total custody and more than 2 years of custody after conviction, and since the applicant will anyway serve the sentence imposed by the Special Court and undergo the full period of custody if the appeal is dismissed, without expressing any opinion on the merits of the contentions of the parties in the Appeal, this application is allowed and the rest of the sentence imposed on the applicant by the Judge, Special Court, is suspended subject to the applicant furnishing bail bonds/surety bonds to the satisfaction of Duty Magistrate/Chief Judicial Magistrate concerned."

Appeal Haryana Custody Applicant Suspension State High Punjab Act Bench Sentence This Court Commercial Quantity Ndps Singh Vs Court Relaxes Daler Singh  ndps  custody  high  applicant  suspension  sentence  state  appeal  court  relaxes  bench  mandatory  singh  vs  haryana  act  punjab  norm

History of this topic

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case
4 days, 16 hours ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law  

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

Sample Sent To FSL Different From One Which Was Recovered: Punjab & Haryana HC Acquits Man Convicted In NDPS Case After 20 Yrs
1 week ago

Sample Sent To FSL Different From One Which Was Recovered: Punjab & Haryana HC Acquits Man Convicted In NDPS Case After 20 Yrs

Live Law  

Overturning a 20-year-old order convicting a man under NDPS Act for illicit trading of poppy husk and sentenced to 12 years of imprisonment, the Punjab and Haryana High Court observed that the sample recovered was not the one which was sent to Forensic Science Laboratory.The appellant was convicted under Section 15 of NDPS Act for possessing over 29 kgs and …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
1 week ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC
1 week, 3 days ago

Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC

Live Law  

A single bench of Punjab & Haryana High Court comprising of Justice Jagmohan Bansal held that the employee cannot approach Labour Court under the Section 33-C of the I.D. Further the case of Bombay Chemical Industries v. Labour Commr., was relied upon by the court wherein the Supreme Court held that when a workman's employment status is disputed and lacks …

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha
1 week, 5 days ago

Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha

Live Law  

The Punjab and Haryana High Court has dismissed a petition challenging the Shiromani Akali Dal leader and MP Sukhbir Singh Badal's election in 2019 general elections, noting that an election petition cannot be entertained based on vague averments. Therefore, in the absence of material facts regarding non-furnishing of complete particulars in Form 26, the charge is unsustainable.” The Court further …

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts
2 weeks ago

P&H High Court Enhances Fine In Double Murder Case To ₹2 Lakhs, Says There Should Be No Disparity Of Amount Between Co-Convicts

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a double murder case of four convicts, observing that the fine of Rs.50,000 imposed on one convict was "extremely minimal" and there should not be a disparity of fine amount among co-convicts.Justice Sureshwar Thakur and Kuldeep Tiwari said, "the imposition of the fine amount of Rs.50,000/- upon the convict.Gurdev …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
2 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
2 weeks, 5 days ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

Supreme Court Monthly Round-up: November 2024
2 weeks, 6 days ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

'Sorry States Of Affair', High Court Seeks Punjab DGP's Response On Non-Registration Of FIR In 2012 Rape & Murder Case
3 weeks ago

'Sorry States Of Affair', High Court Seeks Punjab DGP's Response On Non-Registration Of FIR In 2012 Rape & Murder Case

Live Law  

The Punjab and Haryana High Court has sought an affidavit from the Director General of Punjab Police, over non-registration of FIR in a complaint lodged in 2012 alleging rape and murder of a woman. Chief Justice Sheel Nagu said, "The present case discloses sorry state of affairs where instead of lodging an FIR based on the first information provided by …

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024
3 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024

Live Law  

Nominal Index: Dilawar Javid Bhat Vs UT Of J&K 2024 LiveLaw 317 Abdul Majeed Lone Vs Union of India 2024 LiveLaw 318 Kewal Krishan Vs Sham Lal 2024 LiveLaw 319 Ajeet Kumar Vs UT Of J&K 2024 LiveLaw 320 Shenaz Begum th. Abdul Mazeed Vs UT Of J&K 2024 LiveLaw 321 UT Of J&K Vs Seema Koul & Anr 2024 …

Shortage Of Judge's Accommodation: Punjab & Haryana HC Summons Chief Secy's, Says Issue Affects Administration Of Justice
3 weeks, 3 days ago

Shortage Of Judge's Accommodation: Punjab & Haryana HC Summons Chief Secy's, Says Issue Affects Administration Of Justice

Live Law  

Observing that the acute shortage of accommodation for judicial officers is adversely affecting the quality of administration of justice especially, when the new batch of Civil Judges would be joining within two months, the Punjab & Haryana High Court has summoned the Chief Secretaries of both the States to be present virtually.Chief Justice Sheel Nagu and Justice Anil Kshetarpal also. …

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

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 weeks, 3 days ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 weeks, 3 days ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

Live Law  

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay
3 weeks, 4 days ago

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay

Live Law  

The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act Act as an adult.As per Section 15 of the Act, a Juvenile Justice Board is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 weeks, 5 days ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action
1 month ago

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

Live Law  

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
1 month ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC
1 month, 1 week ago

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that partial compromise with some accused in a criminal case, where there are multiple accused persons, cannot be allowed. A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "To ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, thereupons …

Deciding Case On Merit After Rejecting Plea As Non-Maintainable Is "Material Impropriety": Punjab & Haryana High Court
1 month, 1 week ago

Deciding Case On Merit After Rejecting Plea As Non-Maintainable Is "Material Impropriety": Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that deciding the case on merit after rejecting the plea on maintainability is "gross material impropriety." The High Court while holding that the plea was maintainable, remanded the case back to AFT for fresh decision on merits. After hearing the submissions, the Court referred to Section 15 of the Army's Act wherein …

Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs
1 month, 1 week ago

Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs

Live Law  

The Punjab and Haryana High Court has issued directions to Director Generals of Police for the States of Punjab and Haryana as well as Union Territory of Chandigarh to issue necessary instructions for scrupulous compliance of Section 193 of BNSS of Cr.P.C.) by the Investigating Officers.Justice Harpreet Singh Brar said, "Section 193 of BNSS is an evolved version. Justice Harpreet …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
1 month, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
1 month, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

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 …

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training
1 month, 2 weeks ago

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

Live Law  

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court. Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions …

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
1 month, 2 weeks ago

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused. "Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
1 month, 2 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court
1 month, 2 weeks ago

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has set aside a conviction and sentencing order along with the FIR in a bigamy case, on account of compromise entered between the parties.Justice Sumeet Goel said, "Section 528 of BNSS, 2023 reflects peerless powers, which a High Court may draw upon as necessary whenever it is just and equitable to do so, in …

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case
1 month, 2 weeks ago

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case

Live Law  

The Punjab & Haryana High Court has convicted three formers army officers and another in a 1998 murder case, wherein they shot a man dead in Haryana's Sonepat.The Court while overturning the trial court's decision of acquittal granted to the convicts, rejected the plea of alibi taken by the army officers. The Punjab & Haryana High Court has convicted three …

High Court Clarifies on Jurisdiction, Legal Flaws, and Burden Shifting in Jammu & Kashmir Cases
1 month, 2 weeks ago

High Court Clarifies on Jurisdiction, Legal Flaws, and Burden Shifting in Jammu & Kashmir Cases

Live Law  

The Jammu and Kashmir and Ladakh High Court has issued judgments on various matters related to criminal, civil, and administrative cases. These judgments highlight the importance of adhering to applicable laws and precedents, as well as the need to raise objections and challenges at the earliest opportunity. The court also emphasized the significance of ensuring that judgments are free from …

High Court Reinstates Civil Judge Expelled for Allegedly Abusive Behavior
1 month, 3 weeks ago

High Court Reinstates Civil Judge Expelled for Allegedly Abusive Behavior

Live Law  

The Punjab & Haryana High Court has reinstated an Additional Civil Judge of Punjab, who was expelled from service in 2015 for allegedly abusing Ahlmad posted in his Court. The Court found that the testimony of the Court staff recorded by the enquiry officer for proving charge was not sufficient to prove that that the judicial officer used abusive and …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
3 months ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024
3 months ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024

Live Law  

Nominal Index: Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw 253 Raman Kumar Vs UT of J&K 2024 LiveLaw 254 Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw 255 Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw 256 Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw 257 State through P/S Pulwama …

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court
3 months, 1 week ago

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court

Live Law  

The Punjab & Haryana High Court has said that expecting speedy trial from Courts will be "over expectation" given the amount of pendency it is facing and there is a "dire necessity" of making Special NDPS Courts.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "If the heavy docket of subjudice litigations of every genre becomes the deterrent for the learned …

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
3 months, 1 week ago

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench

Live Law  

The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed …

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
3 months, 1 week ago

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

Live Law  

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009. The Supreme Court recently expressed …

Punjab to file special leave petition in top court
3 months, 2 weeks ago

Punjab to file special leave petition in top court

Hindustan Times  

Bargari sacrilege On March 11, while hearing a plea filed by Ram Rahim in 2015 sacrilege cases, the high court had stayed further proceeding against the Sirsa dera head. The Punjab government is preparing to file a special leave petition in the Supreme Court to challenge the Punjab and Haryana high court order staying proceedings before a trial court in …

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail
3 months, 3 weeks ago

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail

The Hindu  

A single-judge bench of Uttarakhand High Court on Monday disposed of the bail petition of Abdul Malik, the alleged mastermind of Banbhoolpura violence, asking him to approach a division Bench of the high court as it is a case under the Unlawful Activities Act. On August 30, after hearing the bail application of Mr. Malik, the single bench of Justice …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

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 …

7-judge SC bench upholds quota within SC/ST quota saying sub-classification is permissible
4 months, 2 weeks ago

7-judge SC bench upholds quota within SC/ST quota saying sub-classification is permissible

Op India  

In a major ruling on the 1st of August, a 7-judge constitutional bench of the Supreme Court ruled by a 6:1 majority that sub-classification of Scheduled Castes/Scheduled Tribes is admissible in order to give distinct quotas for more backwards within the SC/ST categories. The seven-judge Constitution bench led by CJI DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela M …

SC bench to hear Punjab HC’s criticism of its order
4 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Breaking: Delhi High Court Upholds Bibhav Kumar's Arrest In Alleged AAP MP Swati Maliwal Assault Case
4 months, 3 weeks ago

Breaking: Delhi High Court Upholds Bibhav Kumar's Arrest In Alleged AAP MP Swati Maliwal Assault Case

Live Law  

The Delhi High Court on Friday upheld the arrest of Chief Minister's close aide Bibhav Kumar in the alleged AAP MP Swati Maliwal assault case. His bail plea was also rejected by the Delhi High Court last month, observing that his arrest by the Delhi Police is illegal and in. His bail plea was also rejected by the Delhi High …

Sub-classification within SCs, STs permissible, says Supreme Court
4 months, 3 weeks ago

Sub-classification within SCs, STs permissible, says Supreme Court

Hindustan Times  

The Supreme Court on Thursday ruled by a majority that sub-classification within the scheduled castes and scheduled tribes is permissible. It declared that SCs cannot be considered homogenous classes and that it would be permissible for the Centre and states to earmark most backward classes within the reserved category of SC/STs to enable them frame appropriate policies on sub-classification and …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
5 months ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024

Live Law  

Nominal Index: Shameem Ahmad Shah Vs UT of J&K 2024 LiveLaw 185 Mohammad Sultan Najar Vs UT of J&K 2024 LiveLaw 186 Nisar Ahmad Rather Vs Tahir Ahmad Reshi 2024 LiveLaw 187 State through Executive Engineer PHE Division, Doda Vs Sakina Begum 2024 LiveLaw 188 Din Mohd Vs Shokat Ali 2024 LiveLaw 189 Ghulam Mohiudin Lone Vs UT of J&K …

High Court's notice to Centre on DMK plea opposing three new criminal laws
5 months ago

High Court's notice to Centre on DMK plea opposing three new criminal laws

India Today  

The Madras High Court on Friday ordered issuing notice to the Centre over a plea by the Dravida Munnetra Kazhagam to declare as ultra vires and unconstitutional, the three new criminal laws brought in by the Union government. The three laws-- Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam have come into effect from July 1. A …

Union Govt 'Dragging Feet' Over Issue Of Repatriating Pakistani Prisoners In Custody Despite Completion Of Sentence: Punjab & Haryana HC
5 months, 1 week ago

Union Govt 'Dragging Feet' Over Issue Of Repatriating Pakistani Prisoners In Custody Despite Completion Of Sentence: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has observed that the Union Government is "still dragging its feet over the sensitive issue of repatriating" the Pakistani prisoners who are in custody despite completion of their sentences. Justice GS Sandhawalia and Justice Vikas Bahl said, "It is apparent that Union of India is still dragging its feet over the sensitive issue of …

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