Punjab and Haryana High Court judgments

The Punjab & Haryana High Court ruled that compensation for motor accident deaths must incorporate projected future earnings, loss of consortium and statutory interest, establishing a detailed methodology for 'just compensation' under the Motor Vehicles Act. This broadens award calculations, benefiting claimants and guiding tribunals and lower courts in future motor accident cases.

A Punjab & Haryana HC revision set aside a lower court’s acceptance of a photocopied property verification report, ruling that under Section 65 the party must first establish why the original document cannot be produced. This clarifies that secondary evidence cannot be admitted on mere assertion, impacting litigants relying on copies in civil property disputes.

The Punjab & Haryana HC reduced the death penalty for the rape-murder of a 7-year-old to life imprisonment with a mandatory fifty-year minimum and imposed fines of Rs 50 lakh and Rs 23 lakh. It also ruled that CCTV footage without a Section 65B certificate is inadmissible, raising evidentiary standards in grave sexual-offence cases.

The Punjab & Haryana HC ruled that a Collector under Section 31 Indian Stamp Act can only determine duty, not impose penalties or order recovery. It also held municipal parking contracts are leases under Section 2(16)(c) as they involve letting of tolls, and functus officio does not bar impounding powers. The decision limits revenue authorities' enforcement powers and clarifies stamp duty for public parking arrangements.

The Punjab & Haryana High Court ruled that a habeas corpus petition can be filed under Article 226 to challenge illegal custody of a minor, ordering the child’s return to his natural father. This clarifies that unlawful child-custody arrangements are justiciable via writ jurisdiction, safeguarding parental rights and child welfare.

High Court enhances compensation in a motor accident claim, clarifying assessment of income, future prospects and multiplier under Section 166, Motor Vehicles Act.

The Punjab & Haryana High Court held that candidates from reserved categories who scored above the general cut-off and did not claim any reservation benefit must be considered for unreserved posts even if their reservation certificates are invalid. This extends merit-based appointment to all eligible aspirants, irrespective of certificate validity.

The Punjab & Haryana High Court held that a proclamation under Section 174-A IPC cannot be issued against a person already in judicial custody, and therefore quashed the FIR as an abuse of process. The decision prevents authorities from pursuing proclamation proceedings against custodial prisoners, safeguarding their right to due process.

The Punjab & Haryana High Court raised the compensation for a 2002 motor-vehicle fatality, directing that loss of dependency, future income and other conventional heads be quantified on realistic actuarial assumptions. This clarifies how Section 166 of the Motor Vehicles Act should be applied when enhancing awards, benefiting claimants seeking higher damages from insurers.

A retired employee who previously signed an undertaking to return over-paid pension can be compelled to repay the amount even after leaving service. The Punjab & Haryana High Court affirmed that the undertaking survives retirement and is enforceable under the EOFP scheme. This clarifies that governments may recover excess pension from former staff who made such promises.

The Punjab & Haryana High Court overturned the death sentences of Pardeep and Sagar, holding that the trial court’s failure to present all incriminating material under Section 313 CrPC is a curable irregularity. It ordered a fresh sentencing hearing, indicating that such procedural lapses do not automatically sustain capital punishment.

An insurer must honour compensation even if the driver held a counterfeit licence, with the award raised to Rs 4,63,500 plus interest. The decision upholds the pay-and-recover rule, shifting recovery burden to the insurer. Claimants in motor accidents gain stronger protection.

The Punjab & Haryana High Court rejected a petition to quash an extortion FIR, ruling that a private settlement cannot extinguish liability for non-compoundable offences under Section 528 of the BNSS. This clarifies that compromise is ineffective where the offence is non-compoundable, affecting victims and accused in similar cases.

Punjab High Court ordered the state to implement the 6th Pay Commission’s dearness allowance and dearness relief on the central pattern and declared the age-tiered liquidation plan unconstitutional under Article 14, directing immediate payment of all arrears with interest. The ruling affects all Punjab government employees awaiting these allowances.

The Punjab & Haryana High Court raised the award for a two-and-a-half-year-old victim, ordering compensation for future loss of earnings and attendant-care fees in addition to interest, thereby expanding the basis for personal injury damages under Section 166. This sets a higher benchmark for claims involving child victims and similar loss-of-income calculations.

Punjab HC sets aside Sec 304 IPC charge in a traffic fatality, holding that rash driving without intent falls under Sec 279/304-A, and discharges the accused.

The Punjab & Haryana HC ordered Rs 72,500 plus interest for a pensioner’s emergency surgery at a non-empaneled hospital, holding it is reimbursable under the Central Government Health Scheme. The ruling confirms that an emergency certificate alone triggers CGHS liability, speeding up claim disposal for government staff and retirees.

The Punjab & Haryana High Court held that interest payable on land-acquisition compensation must be calculated on a simple-interest basis, not compounded, and that a petition filed after five years cannot raise a new objection. It also ordered correction of the arithmetic error under Section 152 CPC. The ruling affects all landowners receiving compensation under the 1894 Act.

When a sale certificate evidences ownership, the Punjab & Haryana High Court ruled that factual findings on land title cannot be disturbed, and that jamabandi entries alone do not constitute proof of title. This safeguards owners relying on registered sale deeds against adverse claims based solely on revenue records.

The Punjab & Haryana High Court dismissed the petition under Section 528 of the BNS Act, holding that a civil property dispute cannot be criminalised and must be pursued in a civil forum. This limits the use of Section 528 to genuine criminal matters, affecting parties seeking FIRs over ownership conflicts.

A Punjab & Haryana High Court ruling bars parties from using an Order VI Rule 17 amendment to replace a specific-performance claim with a monetary claim, preserving the original relief sought. This limits strategic pleading changes in property sale disputes, affecting plaintiffs seeking performance of contracts.

The High Court held that detaining an NDPS accused while trial delays are caused by the prosecution breaches Article 21’s speedy-trial guarantee. It granted regular bail, noting that Section 37’s strict bail rules cannot override fundamental liberty. The ruling shields accused from prosecution-driven postponements.

The Punjab & Haryana High Court affirmed that a co-sharer's pre-emption right, established before the 1995 Haryana amendment, remains enforceable despite the amendment's later enactment. This protects existing co-sharers from losing preferential purchase rights retroactively.

Punjab & Haryana HC ruled that parity with co-accused justifies regular bail under BNSS 483 even for grave offences under BNS and Arms Act, setting a precedent for consistent bail jurisprudence.