Justice Sudeepti Sharma Archives

‘Instituting frivolous litigation resulted in gross misuse of judicial process’: P&H HC imposes 50k cost on litigant

The tendency of litigants to misuse the judicial forum by engaging in forum shopping, filing repetitive and meritless petitions, and adopting dilatory tactics undermines the very foundation of our legal system and clogs the administration of justice.

Case Briefs High Courts

‘Army authorities chose to relieve themselves from onerous obligations’; Punjab and Haryana HC upheld disability pension of a soldier discharged from service on compassionate grounds

Respondent 1 was enrolled in Indian Army and was discharged from service on compassionate grounds. During his service, he incurred the disability of ‘Sensori Neural Hearing Loss B/L-H90′. Respondent 1’s disability element claim was rejected by the Competent Authority on the ground the disability is assessed as less than 20%.

Case Briefs High Courts

‘Rendered unblemished service’: Punjab and Haryana HC sets aside order dismissing Muslim IAF officer from service for contracting second marriage

Since no protest was made by the petitioner’s former wife regarding petitioner’s second marriage, therefore, the same might have been a mitigating circumstance for the respondent to favourably exercise the empowerment vested in it regarding granting of ex-post sanction.

Case Briefs High Courts

‘Evident miscommunication made about dis-entitlement of disability pension’; Punjab and Haryana HC grants complete disability pension to a man enrolled in Army

Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

Live-in couples are entitled to protection from tangible threats, even if one of the partners is already married: Punjab and Haryana High Court

The Court stated that if any of the partners in a live-in relationship has minor children, none of the partners is required to abandon his/her duty to provide optimum care and protection to the minor children.

Case Briefs High Courts

Recruitment agencies should ignore procedural lapses in documents; consider candidate’s date of passing of exam and not date of issuance of degrees: P&H HC

In the competitive examinations, the candidates work hard and make their best efforts to secure good marks. Therefore, only because of the date of issuance of degree/certificate, they should not be denied appointment as these were only procedural delays/lapses.

Case Briefs High Courts

Punjab and Haryana HC directs Trial Court Judge and Public Prosecutor to furnish explanation for disregarding its directions

In consequence, the wanton disregard to the explicit directions as made by this Court, upon the trial Judge concerned, thus prima facie constitutes contempt of Court.