summoning orders issued by the ACJM, Hoshiarpur, contending that the undertakings given to the Election Commission of India and the Gurudwara Election Commission were contradictory – High Court upheld the summoning orders, emphasizing that the Magistrate is not a silent spectator during the preliminary evidence recording and that there was sufficient material on record to summon the accused ...
Cancellation of Bail – Non-disclosure of Pending Application – Mere non-disclosure of the factum of a pending bail application before the High Court while moving a bail application before the Sessions Court is not a ground for canceling bail – Reliance on Supreme Court judgment Mohan Singh v. UT, Chandigarh – Simultaneous bail applications permissible – Cancellation o...
Habeas Corpus – Minor Marriage – Release of Detenue – Detenue aged 17 and a half years asserted marriage with respondent and desire to live with him – No FIR registered against detenue or her husband – Marriage not void but voidable at detenue's option – Even without proof of marriage, partners entitled to live-in relationship – Prosecution not justifi...
Judicial Impropriety – Pendency of Petition – Section 156(3) Cr.P.C. – Application by Magistrate during pendency of petition under Section 482 Cr.P.C. before High Court – Held, absence of any such infirmity – Magistrate's power under Section 156(3) Cr.P.C. is a statutory power – Order by Magistrate not an act of judicial impropriety [Paras 1-30].
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Removal of Sarpanch – Jurisdiction of Deputy Commissioner – Petitioner challenged his removal from the post of Sarpanch by the Deputy Commissioner under Section 51(3)(b) and 51(3)(c) of the Haryana Panchayati Raj Act, 1994 – Held, Section 51 enables the Director or Deputy Commissioner to order removal after an inquiry on specified grounds, while Section 176 deals with the determi...
Impleading Necessary Parties – Application to Sell Minors' Property – Petitioners, maternal grandmother and uncles, sought permission to sell minors’ property, impleading only the General Public as respondent – Trial Court ordered impleading of natural father and grandparents – Held, natural father and grandparents are necessary parties for proper adjudication &nd...
Tribunal Procedure – Cross-Examination Requirement – Petitioner's appeal involved procedural deficiencies where the Tribunal recorded witness statements without cross-examination – Tribunal decided based on witness statements given in examination-in-chief without cross-examination – Court held that summary procedure under Section 8 of the 2007 Act should not cause preju...
Property Rights – Ownership of Common Land – Petitioners challenged their suspension under Section 20 of the Punjab Panchayati Raj Act, 1994 – Questioned divestment of ownership rights over land reserved for common purposes during consolidation – Held, Section 42A of the 1948 Act does not divest proprietors of ownership – Control and management vest in Gram Panchayat ...
Parole – Denial of Parole – Petitioner convicted under Sections 120-B, 302, 34, 109, and 115 IPC – Denied parole based on past conduct where she absconded during emergency parole and was arrested with fake documents at Nepal border – District Magistrate's decision upheld due to risk of evading legal process and escaping the country – Previous misuse of parole cons...
Criminal Procedure - Condonation of Delay - Medical Grounds - Petition against dismissal of revision petition for 54/55-day delay - Petitioner claimed delay due to illness, but no supporting documents were submitted - Trial court dismissed revision on technical grounds without hearing merits - Held, delay condoned - Revision petition restored for disposal on merits - Petition allowed. [Para 12]
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