Punjab and Haryana High Court
Cheque Issued For Another's Debt Still Attracts Liability If Dishonoured: Punjab And Haryana High Court
The Punjab & Haryana High Court has recently held that a person who issues a cheque to discharge another person's debt, including that of a spouse, cannot escape liability if the cheque is dishonored, even if the debt was not personally incurred by him, while upholding the conviction of two accused in a cheque dishonour case. A single-judge bench of Justice Subhas Mehla reduced the sentence of imprisonment to one year rigorous imprisonment while maintaining the enhanced compensation of Rs....
State's Failure To Promptly Execute Section 14 SARFAESI Order Defeats Purpose Of Law: Punjab & Haryana High Court
The Punjab and Haryana High Court has recently observed that failure of state authorities to implement orders passed under Section 14 of the SARFAESI Act, which empowers the District Magistrate to assist secured creditors in taking physical possession of secured assets, defeats the statutory mandate of expeditious enforcement of security interests and undermines binding judicial precedents, observing that such inaction paralyses the statutory mechanism. Allowing a writ petition filed by IIFL...
Digitally Executed Agreements Valid If Parties Acted Upon Them: Punjab & Haryana High Court
The Punjab and Haryana High Court on 9 March, held that digitally executed agreements are valid even in the absence of physical signatures where the parties have acted upon them and do not dispute their existence. A Single Bench of Justice Jasgurpreet Singh Puri appointed Justice B.S. Walia, former Judge of the Punjab and Haryana High Court, as the sole arbitrator to adjudicate disputes between Delhivery Limited and Smartpaddle Technology Private Limited. The Bench observed: “It is not...
No GST On Tariff, Licence Fees Collected By Haryana Electricity Commission: Punjab Haryana High Court
The Punjab and Haryana High Court on 26 February set aside a show cause notice seeking GST on tariff petition and licence fees collected by the Haryana State Electricity Regulatory Commission, holding that these fees arise from statutory regulatory functions and are not in the course of business. A Division Bench of Justice Lisa Gill and Justice Ramesh Chander Dimri allowed the writ petition and quashed the notice, observing:“Learned counsel for respondents points out that review has been...
Punjab & Haryana HC Dismisses Plea Seeking Appointment Of Arbitrator While Also Seeking Termination of Existing Arbitrator
The Punjab and Haryana High Court recently dismissed an arbitration petition seeking appointment of an arbitrator while also seeking termination of the mandate of a sole arbitrator already conducting the proceedings. A Single Bench of Justice Jasgurpreet Singh Puri imposed costs of Rs 25,000 on the petitioner and observed, “It is very surprising as to how an application under Section 11 of the Act would be maintainable before this Court and a specific query in this regard was put to the...
No Cancellation Of Educational Trust Registration For Generating Surplus: Punjab & Haryana High Court
The Punjab and Haryana High Court on 27 February held that mere generation of surplus by an educational institution cannot be a ground for cancelling registration of a charitable trust, so long as the activities are genuine and carried out in accordance with the objects of the trust. A Division Bench comprising Justice Lisa Gill and Justice Parmod Goyal dismissed an appeal filed by the Income Tax Department and upheld the order of the Income Tax Appellate Tribunal (ITAT) restoring the...
Additional VAT Surcharge Valid Over Concessional Tax: Punjab & Haryana High Court
The Punjab and Haryana High Court, on 27 February, held that an additional VAT surcharge under Section 7A can be levied over and above the concessional tax payable under Section 7 on sales of declared goods made to registered dealers.A Division Bench comprising Justice Lisa Gill and Justice Parmod Goyal was dealing with a batch of appeals filed by Jyoti Strips Pvt. Ltd. challenging assessment and appellate orders passed under the Haryana Value Added Tax Act, 2003.The Bench held: "The...
Punjab & Haryana High Court Bars Higher Bank Guarantee Demand For Delay In Releasing Seized Jewellery
The Punjab and Haryana High Court on 18 February, directed the Income Tax Department to immediately release jewellery seized from the Sanjeet Singh and other petitioners, holding that the department cannot demand a higher bank guarantee due to an increase in gold prices when the delay in release was solely attributable to administrative lapses of the authorities. A Division Bench of Justice Deepak Sibal and Justice Lapita Banerji allowed a writ petition which sought the release of jewellery...
Punjab and Haryana High Court Sets Aside ₹5.18 Crore Arbitral Award Against Aditya Birla Fashion
The Punjab and Haryana High Court has set aside a Rs. 5.18 crore arbitral award passed in favour of landlord Dayanand and against Aditya Birla Fashion and Retail Limited in a dispute arising from a 2018 warehouse fire, holding that the award was contrary to the express terms of the lease deed and suffered from patent illegality. “By awarding sum to compensate the losses arising from under valuation of the property, for the purposes of insurance, the Arbitrator has virtually re-written the...
LiveLawBiz Arbitration Cases Weekly Digest : February 9 - February 15, 2026
Nominal Index A2Z Infraservices Ltd & Anr vs Quippo Infrastructure Ltd & Ors 2026 LLBiz SC 60Ankhim Holdings Pvt. Ltd. & Anr. versus Zaveri Construction Pvt. Ltd. 2026 LLBiz SC 53Aggarwal Sons v. Union of India and Others 2026 LLBiz HC (PNH) 8Airports Authority of India v. URC Construction (P) Ltd 2026 LLBiz HC (DEL) 146E-City Real Estates Pvt Ltd & ANR vs IMAX Corporation & Ors 2026 LLBiz SC 22Fresh and Healthy Enterprise Ltd v. Global AgriSystem Pvt Ltd & connected...
Executing Court Cannot Impose Onerous Conditions For Release Of Arbitral Award Without Stay: Punjab & Haryana High Court
The Punjab and Haryana High Court has set aside a condition imposed by an executing court that required an award-holder to furnish a bank guarantee to obtain release of an arbitral award amount. The court held that no such condition can be imposed by the executing court in the absence of any interim stay. A bench of Justice Jasgurpreet Singh Puri held that once objections to an arbitral award are dismissed and no interim order is granted in appeal, the executing court is bound to execute the...
Punjab and Haryana High Court Bars Coercive Recovery Action Against Firm After VAT Records 'Burnt In Fire'
The Punjab and Haryana High Court has restrained the Punjab tax department from taking coercive recovery action against a proprietorship firm over a legacy VAT demand, after the state told the court that the assessment record had been destroyed in a fire. A Division Bench of Justice Lisa Gill and Justice Ramesh Chander Dimri recorded the State's submission that the assessment order against Swastika Insulation was not available with the department, as the record was “stated to have been burnt.” ...