Punjab and Haryana High Court judgments

The Punjab & Haryana High Court ruled that under Section 15(2)(b) of the Hindu Succession Act, property inherited by a widow from her husband must revert to his heirs if she dies without issue. The court invalidated unregistered compromise decrees favoring third parties, emphasizing that only legitimate family settlements with valid succession claims are enforceable.

The Punjab & Haryana High Court reaffirmed that in POCSO cases, the credibility of a child victim's testimony prevails over procedural gaps like delayed FIRs or absence of medical evidence. The ruling underscores Section 29 of the POCSO Act, which presumes the truth of the victim's statement, reinforcing protections for child sexual abuse survivors in criminal proceedings.

The Punjab and Haryana High Court granted anticipatory bail under BNSS Section 482 after the accused repaid the victim’s loss and demonstrated willingness to cooperate with the investigation. The ruling underscores that restitution and compliance can outweigh the gravity of the charge, offering relief to accused persons in financial fraud cases where victims are compensated.

The Punjab and Haryana High Court dismissed petitions challenging promotional results, emphasizing that courts will not interfere in administrative selections unless mala fide or manifest arbitrariness is proven. The ruling underscores that mere disparities in marks or subjective grievances do not warrant judicial review, reinforcing the principle of deference to merit-based assessments in public employment.

The Punjab and Haryana High Court set aside a proclamation order under Section 82 CrPC and the Bharatiya Nagarik Suraksha Sanhita (BNSS), ruling that failure to comply with mandatory publication requirements renders the declaration of a proclaimed person legally unsustainable. The judgment reinforces that procedural safeguards under criminal law are non-negotiable, impacting accused persons facing non-bailable warrants.

The Punjab and Haryana High Court affirmed that continuous possession reflected in revenue records up to the date of filing a suit is decisive for granting injunction, even when ownership lies with the government. Sudden shifts in khasra girdawari entries, unsupported by evidence or explanation, cannot displace established possession, reinforcing that possession trumps paper titles in interim relief matters.

The Punjab and Haryana High Court ruled that prosecutions under Section 195 CrPC for false complaints against public servants must be initiated by a superior authority, not the aggrieved public servant themselves. This decision underscores strict procedural compliance, barring lower-ranking officials from filing such complaints directly. The ruling has significant implications for public servants facing frivolous allegations and reinforces the jurisdictional bar under Section 195 CrPC.

The Punjab & Haryana High Court ruled that prolonged pre-trial detention in NDPS cases violates Article 21, even where commercial quantities are involved. The court held that Section 37 of the NDPS Act cannot override the constitutional right to a speedy trial, granting bail to the accused. This judgment reinforces bail jurisprudence where trial delays outweigh the gravity of the offence.

The Punjab and Haryana High Court has reaffirmed that offences under Section 3(1)(R) of the SC/ST Act, involving caste-based humiliation and criminal intimidation, are non-compoundable and cannot be quashed via private settlements. The ruling underscores that such crimes constitute public wrongs, mandating prosecution regardless of victim-accused compromise. This decision reinforces the protective scope of the SC/ST Act for marginalized communities.

The Punjab and Haryana High Court ruled that interim compensation under Section 143-A of the Negotiable Instruments Act cannot be mechanically awarded. Courts must address objections and assess the accused's conduct before granting compensation, ensuring procedural fairness in cheque dishonour cases.

The Punjab and Haryana High Court ruled that bail under the NDPS Act cannot be denied solely on the basis of call records and uncorroborated disclosure statements by co-accused. The court emphasized the need for independent evidence linking the accused to the crime, reinforcing protections under personal liberty. This ruling sets a precedent for bail jurisprudence in drug-related offenses where direct evidence is lacking.

The Punjab and Haryana High Court ruled that anticipatory bail under Section 482 BNSS cannot be denied based solely on a petitioner's association with a later fraudulent transaction. The court emphasized that criminal intent must be established through active conspiracy, not mere involvement in subsequent deeds. This holding reinforces safeguards for accused persons in property fraud cases under the new Bharatiya Nagarik Suraksha Sanhita framework.

The Punjab and Haryana High Court quashed a proclamation order for failing to comply with Section 82 CrPC’s 30-day notice and publication requirements, emphasizing that procedural safeguards underpin natural justice regardless of offence gravity. The ruling reinforces that courts cannot bypass statutory timelines, even in cases involving serious charges under the Punjab Excise Act or IPC.

The Punjab and Haryana High Court ruled that summoning an accused under Section 319 CrPC demands prima facie evidence of direct involvement in the crime, not just inclusion in the FIR or physical presence at the scene. This judgment clarifies the threshold for trial courts, ensuring only those with substantive roles are summoned, protecting individuals from arbitrary prosecution.

Punjab and Haryana High Court holds that mere presence in group violence, without active participation or evidence of use of weapon, cannot justify denial of bail under BNSS.

Punjab and Haryana High Court holds that public servants cannot be kept under suspension indefinitely without appointing an inquiry officer or concluding disciplinary proceedings.

Punjab & Haryana High Court holds that municipal vesting under Town Planning Schemes requires strict implementation within statutory period, failing which private ownership prevails.

Punjab & Haryana High Court upholds levy of additional tax under Section 7-A of Haryana VAT Act as valid surcharge on tax payable, not taxable turnover. Key implications for tax practitioners.

Punjab and Haryana High Court holds that transfer of Hindu Marriage Act proceedings is warranted when custody of young children rests with the mother and she lacks means to litigate remotely.

Punjab and Haryana High Court holds that breach of settlement terms and failure to join investigation justify cancellation of anticipatory bail under BNSS Section 483(3).

Punjab and Haryana High Court holds that successive bail petitions in serious offences require substantial change in circumstances, not mere delay or prolonged custody.

Punjab and Haryana High Court sets aside proclamation order against accused who never received notice, holding that absence must be proven intentional before declaring someone a proclaimed person.

Punjab and Haryana High Court holds that mere generation of surplus by educational trusts does not violate Section 12AA of the Income Tax Act unless activities deviate from stated charitable objects.

Punjab and Haryana High Court sets aside proclamation order for non-compliance with Section 82 CrPC, emphasizing procedural safeguards in criminal proceedings.