Punjab and Haryana High Court judgments

The court granted bail to the accused in a triple-fatality drunken driving case, ruling that Section 105 BNS (culpable homicide) requires proof of knowledge of likely death from the factual matrix, not merely the fact of intoxication. The distinction between culpable homicide under Section 105 and rash or negligent act under Section 106 BNS is a question for trial, not the bail stage.

Punjab & Haryana HC quashes complaint against Managing Director, dealer and sales manager under Insecticides Act, 1968. Section 33(1) liability requires specific role, not designation. Section 30(3) protects retailers selling sealed manufacturer packs.

The court quashed an ASI's dismissal, ruling that unsubstantiated fears of witness influence cannot bypass a departmental inquiry under Article 311(2)(b). The petitioner is entitled to reinstatement with consequential benefits but not back wages, while the department retains the option to initiate a fresh inquiry or await the outcome of criminal proceedings.

The High Court condoned a 3,039-day delay in a Section 54 land acquisition appeal but, following the Supreme Court's New Okhla ruling, denied statutory benefits and interest for the delay period. Landowners receive enhanced compensation only; the acquiring body is not liable for interest or solatium accrued during the delay.

The Punjab & Haryana HC held that SBI’s fraud classification complied with natural justice after a show cause notice, forensic audit report and reply were considered, clarifying RBI Directions on fraud reporting, affecting lenders and directors.

The Punjab & Haryana HC held that concealing criminal antecedents in anticipatory bail under BNSS §482 is an independent ground for denial, imposing ₹50,000 costs. It mandates antecedent disclosure for all pre-arrest bail seekers under the new sanhita.

Punjab & Haryana HC held that an OBC-NCL candidate cannot be excluded from MBBS merit list due to 'migrant' certificate label, quashing provisional list and directing fresh counselling. This protects OBC reservation benefits for medical aspirants in Chandigarh UT.

Punjab and Haryana HC held Electricity Regulatory Commission cannot adjudicate without a legal member, quashing its order on a 66 KV line tap and upholding legal member requirement under Sec 86(1)(f) of Electricity Act 2003 for adjudicatory functions.

The Punjab and Haryana HC held that surrender of a passport under bail does not block its renewal, upholding Article 21 liberty. It directed the trial court to allow renewal with suitable safeguards, aiding those under similar bail conditions.

Punjab & Haryana HC held that in a two-candidate panchayat poll, if winning candidate not an elector is disqualified, their votes treated as invalid, rival declared elected if they have a majority of valid votes, removing need to prove voter awareness.

The Punjab and Haryana High Court held that a litigant cannot avoid responsibility for non-appearance by blaming counsel’s negligence under CPC Order 9 Rule 7. The ruling reinforces the duty of parties to actively monitor their cases, affecting litigants who rely solely on counsel for case updates.

Punjab & Haryana High Court held that MBBS prospectus cannot be altered after process starts and that migrant SC certificates do not bar reservation. It quashed revised list and directed a fresh list within ten days, affecting Chandigarh MBBS aspirants.

The Punjab & Haryana HC held that an accused cannot compel production of a status report submitted to the Supreme Court in another proceeding when it is not part of the case record, affirming that the right to seek documents under Section 91 Cr.P.C. arises at the defence stage, not during prosecution evidence. This ruling clarifies disclosure limits and impacts defence strategy in criminal trials.

The Punjab and Haryana HC held that an employee granted notional promotion is entitled to arrears of salary when the employer’s actions prevent duty performance, quashing the denial of pay for 21 Jan 2008-23 Apr 2012 and ordering payment within three months.

The Punjab & Haryana High Court ruled that a superdar (subsequent purchaser without registration transfer) is liable only up to the vehicle's value or the superdari bond amount, not the full compensation award. The registered owner and driver remain jointly and severally liable for the entire amount, and courts must impose conditions safeguarding the claimants' lien on the vehicle.

Punjab & Haryana HC quashed the dismissal of a PSPCL Assistant Lineman that rested exclusively on a criminal conviction later overturned on appeal. The court ordered reinstatement with full back wages from the date of acquittal (08.06.2023) and salary for the suspension period, holding that a dismissal anchored only to a conviction loses its legal foundation once the conviction is set aside.

The Punjab and Haryana High Court held that the Senior Citizens Act, 2007 cannot be invoked to evict an estranged daughter-in-law with a right to reside in the shared household, confirming the plea was filed at the son's behest to settle matrimonial scores. The ruling safeguards a daughter-in-law's residence rights against the misuse of senior citizen maintenance law as a proxy for matrimonial disputes.

The Punjab & Haryana HC held that a CBFC Regional Officer lacks power to refuse film certification absent valid Section 7B delegation. It set aside the refusal and directed the Chairperson to reconsider the application for 'Chardikala' with a hearing within statutory timelines.

Punjab & Haryana HC dismisses Section 482 petition seeking quashing of Insecticides Act prosecution; nomination of responsible person under Section 33 does not immunize other officers against whom specific allegations exist.

The Punjab & Haryana High Court nearly doubled compensation for a 23-year-old engineer's death to ₹22.27 lakh, applying the Pranay Sethi formula with a 40% future-prospects addition and an 18-year multiplier. It also barred the insurer's recovery claim, ruling that an out-of-state driving licence cannot be presumed invalid without proof of policy breach.

The Punjab and Haryana High Court held that an ejectment petition filed under the repealed East Punjab Urban Rent Restriction Act, 1949 is not maintainable for a tenancy that commenced after the Punjab Rent Act, 1995 came into force on 30 November 2013. Consequently, an NRI landlord cannot rely on the 1949 Act to claim bona fide personal requirement and must seek relief under Section 24(3) of the 1995 Act, which applies only to tenancies predating that date.

An order extending the NDPS investigation under Sec 36-A(4) was struck down for breaching the accused’s right to notice and a hearing, restoring their entitlement to default bail. The ruling underscores that procedural safeguards cannot be bypassed even in narcotics cases, affecting all persons facing NDPS prosecutions.

The Punjab & Haryana High Court ruled that an acquittal cannot be set aside on the basis of a new investigation report, reaffirming the double-jeopardy protection of Section 300 CrPC and limiting the court’s inherent jurisdiction under Section 482. This safeguards accused persons from being retried after a lawful acquittal.

The Punjab & Haryana High Court ruled that when parties settle a Section 138 NI Act complaint, the related proclamation and FIR under Section 290 BNS must be dismissed, resulting in the FIR's quash. This prevents further criminal prosecution once the principal dispute is resolved, safeguarding litigants who reach settlement.