Uttarakhand HC Dismisses State's Appeal As 'Not Pressed' Against Single-Judge Order Permitting Eid Namaz At Nainital Ground

A Division bench of Uttarakhand High Court on Friday dismissed as 'not pressed' a Special Appeal filed by the state challenging a Single Judge's order permitting the offering of Eid-ul-Azha (Bakrid) Namaz at Nainital's famous Gymkhana and District Sports Association field. When the matter came up for a hearing on May 29 before a Bench of Chief Justice Manoj Kumar Gupta and Justice...

Justice Alok Kumar Verma Tenders Resignation As Uttarakhand High Court Judge

Justice Alok Kumar Verma has tendered his resignation as a Judge of the Uttarakhand High Court with effect from April 30, 2026.Regarding this development, a PIB press release reads thus:"Vide Notification of even number dated 27.05.2026, Shri Justice Alok Kumar Verma has tendered his resignation from the office of Judge, Uttarakhand High Court, in pursuance of proviso (a) to clause (1) of...

Permitting Law Students With Low Attendance To Take Exams Will Bring Lawlessness In Colleges: Uttarakhand HC

The Uttarakhand High Court observed last week that permitting a Law student who fails to meet the minimum attendance standard to take exams would be 'counterproductive'. A bench of Justice Manoj Kumar Tiwari added that it would bring 'lawlessness' to the educational institutions and would 'diminish' the standard of education. The bench thus refused to interfere with the petition of...

'Adverse Entry In Record Of Govt Employee Not Penalty, Does Not Require Issuing Showcause Notice': Uttarakhand High Court

The Uttarakhand High Court has held that an adverse entry or special adverse entry recorded against a government servant is not a penalty under the Government Servant (Discipline and Appeal) Rules and therefore does not require issuance of a show cause notice before being recorded. The Court observed that an adverse entry is based on an assessment of the work and conduct of a government...

'Objections Raised By Intervener Cannot Defeat Right Of Decree Holder To Withdraw Execution Proceedings': Uttarakhand High Court

The Uttarakhand High Court has held that objections raised by an intervener cannot defeat the right of a decree holder to withdraw execution proceedings, particularly when no substantive adjudication was ever made against the intervener in the original proceedings. The Court observed that execution proceedings cannot be converted into an independent forum for the adjudication of the rights of...

'Government Servant Cannot Be Kept Under Suspension For Indefinite Period': Uttarakhand HC Quashes 5-Year Suspension

The Uttarakhand High Court has held that “a government servant cannot be kept under suspension for an indefinite period ”. The Court was dealing with a case where, subsequent to suspension, disciplinary proceedings against the petitioner included allegations of unauthorised absence and use of a forged Scheduled Tribe certificate to gain appointment.Observing that the petitioner had...

Appellate Court Must Examine Merits Of Conviction While Considering Bail; Cannot Merely Interpret S.430 BNSS As Directory: Uttarakhand HC

The Uttarakhand High Court has held that while considering an application for suspension of sentence and bail in a statutory criminal appeal, the Appellate Court is required to examine the merits of the conviction instead of merely interpreting whether Section 430(1) of the BNSS is directory or mandatory. The Court observed that once the appeal against conviction had been admitted, the...

Arrest Memo Bearing FIR Number Before Registration Of FIR Renders Arrest Prima Facie Illegal: Uttarakhand HC In NDPS Case

The Uttarakhand High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 after observing that the arrest memo and inventory report, though purportedly prepared prior to registration of the FIR, already bore the FIR number. The Court held that mention of an FIR number which did not exist at the time of arrest renders the documentation,...

Uttarakhand High Court Halts Review Of Nursing Promotions At AIIMS Rishikesh Including Reserved To Unreserved Posts On 'Own Merit' Principle

The Uttarakhand High Court has kept in abeyance the conduct of Review Departmental Promotion Committee at AIIMS Rishikesh concerning promotion of Nursing Officers to the post of Senior Nursing Officer for 2022 & 2023 based on the principle of "own merit", including promotion of reserved category persons to unreserved posts. The court was hearing a petition by nursing officers from...

DNA Report Cannot Be Relied Upon To Convict Accused If Not Put To Him During S.313 CrPC Examination: Uttarakhand High Court

The Uttarakhand High Court has held that an FSL/DNA report cannot be relied upon to sustain a conviction if the conclusions of the report were not put to the accused during his examination under Section 313 CrPC. The Court observed that incriminating material not presented to the accused for explanation cannot be read against him.A Division Bench of Justices Ravindra Maithani and Siddhartha...

[Uttarakhand Zamindari Abolition Act] Prior Sanction Mandatory For Transferring Land To Society For Non-Agricultural Purposes: High Court

The Uttarakhand High Court has held that prior sanction of the State Government is mandatory for transfer of land in favour of a society for non-agricultural purposes under Section 154 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as applicable to Uttarakhand, even when the transfer is effected through a gift deed. The Court observed that the statutory restrictions...

Uttarakhand High Court Grants Bail To Man Over 'Illegal' Snake Possession, Notes Venom Collection License Could Not Be Renewed In Time

The Uttarakhand High Court granted bail to a man booked for illegal possession of snakes, after prima facie observing that continued incarceration was not justified merely because his licence for extracting venom to make medicines, had expired and could not be renewed or regularized in time.Justice Ashish Naithani was dealing with a bail application filed by the accused arrested in...