776 Punjab and Haryana High Court judgments explained in plain English: what was decided, the law applied and why it matters. Page 29 of 33.
Punjab & Haryana High Court holds that excluded rights under an approved IBC resolution plan remain enforceable against guarantors and mortgagors despite debt assignment.
Punjab and Haryana High Court holds that interest on motor accident compensation is discretionary under Section 171 MV Act, not automatic, and must be just and reasonable.
Punjab and Haryana High Court clarifies that review applications cannot reargue merits or introduce new contentions; only patent errors apparent on the face of the record are grounds for review.
Punjab & Haryana High Court denies bail to accused who provided bank accounts for routing cyber fraud proceeds, holding that facilitation constitutes active participation.
Punjab & Haryana High Court holds that borrower's pre-deposit under SARFAESI Act must be 50% of the amount determined by DRT, not the higher claim by the bank.
Punjab and Haryana High Court holds that bail cannot be cancelled merely due to gravity of offence; supervening misconduct or violation of conditions is mandatory.
Punjab and Haryana High Court holds that pending civil suit does not automatically render FIR under SC/ST Act an abuse of process if prima facie ingredients are disclosed.
Punjab and Haryana High Court holds that parole denial based on vague security apprehensions without concrete evidence violates natural justice and due process under Article 21.
Punjab and Haryana High Court grants bail to pillion rider in NDPS case, holding that mere proximity to contraband does not establish conscious possession without evidence of control or knowledge.
Punjab and Haryana High Court denies bail to accused in murder case despite two-year incarceration, citing heinous nature of crime and pattern of witness intimidation.
Punjab & Haryana High Court holds that absence of direct notice to complainant in anticipatory bail proceedings does not invalidate bail if State adequately represents victim's interests.
Punjab & Haryana High Court quashes FIR under Section 174-A IPC after proclamation order is set aside, holding continuation as abuse of process under BNSS Section 528.
Punjab and Haryana High Court holds that mortgagees are excluded from the definition of 'tenant' under the Punjab Tenancy Act, 1887, rendering claims to occupancy rights through them legally untenable.
Punjab and Haryana High Court holds that when appellate decree does not specify time for deposit, reasonable time applies; doctrine of merger overrides original time limits under Specific Relief Act.
Punjab and Haryana High Court grants anticipatory bail to petitioners accused of abetment to suicide, holding custodial interrogation unnecessary and affirming cooperation with investigation.
Punjab and Haryana High Court holds that courts may determine shares in joint ancestral land based on agricultural holdings, even without specific pleadings, to ensure equitable partition.
Punjab and Haryana High Court holds that possession of surplus land prior to 1972 Act validates allotment, rendering Qabuliyat irrelevant under Rule 20-C of 1956 Rules.
Punjab & Haryana High Court holds that dismissal under Rule 16.2(1) of Punjab Police Rules requires explicit finding of gravest misconduct; mere inference insufficient.
Punjab and Haryana High Court holds that denial of medical reimbursement solely on absence of name in Family ID is arbitrary; mandates fresh adjudication with full evidence.
Punjab and Haryana High Court holds that invocation of Section 27A NDPS Act mandates trial by Special Court irrespective of contraband quantity, overriding Magistrate jurisdiction.
Punjab and Haryana High Court holds that uncommunicated adverse ACR entries cannot be the sole basis for compulsory retirement; due process and service record must be considered.
Punjab & Haryana High Court holds that private school teachers cannot be reinstated after wrongful termination; compensation equivalent to five years' salary is the appropriate remedy.
Punjab and Haryana High Court denies regular bail to a data entry operator in a forged pension scam, emphasizing risk of witness tampering and gravity of economic offences.
Punjab and Haryana High Court grants anticipatory bail to attesting witness in will forgery case, holding that mere attestation without proof of dishonest intent at execution does not justify arrest.