'Promotion Effected Long Ago Not To Be Disturbed': Supreme Court Sets Aside HC Order Quashing 13-Year-Old Promotion; Holds 'Laying Rules' Directory Not Mandatory "Mere Oral Assertion Or 'Data Loss' Letter Not Enough To Prove Driving Licence Validity; Owner Has Strict Duty To Ensure Renewal": Supreme Court Reinstates Insurer's Non-Liability, Applies 'Pay & Recover' Principle "Zero Tolerance To Corruption": Supreme Court Reinstates FIRs Against Karnataka Cops, Slams High Court For 'Mini-Trial' & Exceeding S.482 CrPC Powers ‘Ancillary Services Don't Override Carriage’: Supreme Court Upholds 7.5% Presumptive Income For Cruise Operators Under Section 44B IT Act, Rejects Revenue's Higher Tax Claim Division Bench Refuses To Quash FIR, Holds It Cannot Nullify Single Judge's Final Order Directing Registration Of Case: Allahabad High Court High Court Leave Under Clause XII Doesn't Protect Transferred Suits; Section 16 CPC Strictly Applies To City Civil Court In 'Suits For Land': Bombay High Court Joint Account Holder Who Didn't Sign The Dishonoured Cheque Cannot Be Prosecuted Under Section 138 NI Act: Punjab & Haryana High Court Suits Cannot Be Consolidated If Parties, Properties, And Causes Of Action Are Different: Telangana High Court P&H High Court Halts All Construction In Mohali's Shivalik Foothills Over Failure To Demarcate 'Forest Land', Bars Land Sale No Embargo On Issuing Single Statutory Notice Under Section 138 NI Act For Multiple Dishonoured Cheques: Orissa High Court District Collector Has No Jurisdiction Under CrPC To Order Reopening Of Investigation Or Recall Of Closure Report: Madhya Pradesh High Court No Exclusive Monopoly Over Geographical Term 'Malabar' In Isolation; Protection Limited To Registered Composite Marks: Kerala High Court Person In 'De Facto' Control Is A Promoter Under Companies Act Even If Designated As Professional Director: Karnataka High Court Supreme Court Urges Mandatory Animal Tagging, Strict Enforcement of Gaushala Laws To Tackle Stray Cattle Crisis; Holds Owners Accountable "Don't Render Victims Remediless": Supreme Court Slams High Court For Dismissing Plea Over Stray Bull Death, Awards ₹15 Lakh Compensation Supreme Court Red-Flags 'Unregulated Shadow Work' of Private Investigators, Calls For Legislative Overhaul on Digital Evidence & Privacy Rights 125 CrPC | Wife 'Not Entitled To Interim Maintenance If Adultery Established Ex Facie': Supreme Court Evidence Against Absconder Invalid Without Prior S.299 CrPC Order: SC Acquits Murder Accused Ad Valorem Court Fee Mandatory For Section 54 Appeals Challenging Land Acquisition Awards: Supreme Court

"Punjab and Haryana High Court Upholds Personal Liberty in Land Dispute Case"

07 May 2024 8:19 AM

By: Admin


In a recent judgment handed down by the Punjab and Haryana High Court, personal liberty and the pursuit of justice were emphatically upheld. The case in question revolved around a property dispute and the dismissal of a complaint for non-prosecution at the pre-summoning stage.

In a noteworthy observation, the Honorable Aman Chaudhary, J., stated, "His absence was neither intentional nor willful. A serious prejudice would be caused to the petitioner in case he is not granted an opportunity to seek adjudication of the matter on its merits."

The petitioner had filed a complaint in 2013 concerning a property dispute. Despite diligent attendance at court proceedings by either appearing himself or through his counsel, the summoning order had not been issued. On the crucial date of March 21, 2018, the petitioner could not appear in court due to the unavailability of railway tickets from his residence in Calcutta. In response, an application for exemption from personal appearance was filed, but it was unjustly declined by the Magistrate, leading to the dismissal of the complaint for non-prosecution.

The High Court, invoking Section 482 of the Code of Criminal Procedure (CrPC) to secure the ends of justice, set aside the impugned order dated March 21, 2018. The trial Court was directed to restore the case to its original number and to decide it on its merits expeditiously, taking into account that the case had been pending since 2013.

This judgment underscores the importance of ensuring access to justice and the pursuit of cases on their merits, even when procedural issues arise. It serves as a reminder that personal liberty should be upheld and that dismissal for non-prosecution should be a measure of last resort, particularly when a complainant diligently pursues their case.

The High Court's decision in this case aligns with the principles of fairness and justice and sets a valuable precedent for future cases involving similar circumstances.

Date of Decision: 23.08.2023

Joginder Pal vs Mohan Lal and others

Latest Legal News