Justice Sureshwar Thakur Archives

‘Part of right to life under Art. 21’; P&H HC quashes notification clause providing cut-off date for grant of electricity connection in unauthorized colony

The cut-off date is meaningless and/or is redundant, it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws.

Case Briefs High Courts

Punjab and Haryana HC stays license cancellation of street vendors; directs them to file appeal against dislocation to remote areas

“Since the show cause notice to the vendors merged into the final order of the Town Vending Committee, they had the remedy to file a statutory appeal against it.”

Case Briefs High Courts

Punjab and Haryana HC directs State to take action against more than 4000 illegal constructions in DLF City, Gurugram

“It is amply clear that a powerful lobby of certain groups/land mafia, are ruining the very basic character of the developed colony in active connivance with the local administration.”

Case Briefs High Courts

Punjab and Haryana HC orders flat allotment to slum dweller who was arbitrarily disqualified from Chandigarh Small Flats Scheme

The petitioner’s exclusion from the definition of ‘recognised resident’ appeared to be done through an ill-informed order with reasons not based on any cogent evidence.

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

‘Voluntarily accompanying accused in crowded place; no injury marks on body parts of victim’; Punjab and Haryana HC acquits rape accused in a POCSO case

The Court observed that the victim in her cross-examination had candidly spoken, that there was no talk between her and the accused regarding marriage proposal. Therefore, the sexual intercourse, if any, which occurred between them, is not a sequel of any allurement of marriage.

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.

Gurmeet Ram Rahim acquitted in Ranjit Singh murder case

Hot Off The Press News

Punjab & Haryana HC acquits Dera Sacha Sauda Chief Gurmeet Ram Rahim in 2002 Ranjit Singh murder case

Ranjit Singh was Dera manager who was shot dead in 2002, allegedly on speculation that he circulated an anonymous letter, highlighting the cases of sexual exploitation of Dera’s female followers.