Uttarakhand High Court Directs Stoppage Of Using Heavy Machinery To Mine In Ramganga-Saryu River Area

The Uttarakhand High Court has directed the authorities to immediately stop the use of heavy machinery for mining activities in the Ramganga-Saryu river confluence area.A Division Bench of Justices Manoj Kumar Tiwari and Siddhartha Sah was hearing a public interest litigation filed by a resident of Pithoragarh alleging that leaseholders were using heavy machines such as Poclain and JCB...

Arrest Memo Containing Allegations Satisfies Article 22(1) Requirement Of Communicating Grounds Of Arrest: Uttarakhand High Court

The Uttarakhand High Court has held that the constitutional requirement under Article 22(1) of informing an arrested person of the grounds of arrest stands satisfied where the arrest memo, containing the essential factual allegations forming the basis of the arrest, is supplied to the accused. The Court observed that the mandate is to ensure meaningful communication of the substance...

Appeal Delay Under 1991 Police Rules Cannot Defeat Remedy Under 2007 Act: Uttarakhand HC Sets Aside Rejection Of Dismissed Constable's Plea

The Uttarakhand High Court has held that the limitation prescribed in the 1991 Rules for filing an appeal cannot be applied where it is inconsistent with the provisions of the Uttarakhand Police Act, 2007. The Court observed that rules framed under a repealed statute must give way to the provisions of the subsequent Act to the extent of inconsistency.Justice Manoj Kumar Tiwari was hearing a...

Uttarakhand HC Upholds Transfer Of College Land To Health Dept, Says Govt's Wisdom On Land Use Not Open To Judicial Review Unless Arbitrary

The Uttarakhand High Court has held that the decision of the Government regarding the use of land cannot be subjected to judicial review unless it is shown to be illegal or arbitrary. The Court observed that such decisions, taken in the public interest by the State, do not warrant interference in writ jurisdiction.A Division Bench of Chief Justice Manoj Kumar Gupta and Justice Subhash...

Forcible Repossession Of Vehicles By NBFC Through Recovery Agents Violates Constitutional Protections: Uttarakhand HC

The Uttarakhand High Court has held that forcible repossession of financed vehicles by a Non-Banking Financial Company through recovery agents, without adherence to due process, is illegal and violative of constitutional protections. The Court was dealing with cases where transporters alleged that their vehicles were intercepted on public roads and taken away by recovery agents despite...

MA (Yoga) Degree Holders Ineligible For Appointment Without Diploma From Regulatory Body; UGC-Recognised Degree Insufficient: Uttarakhand HC

The Uttarakhand High Court has held that possession of a degree from a university recognized by the University Grants Commission does not, by itself, entitle a candidate to appointment where the course is not recognized by the competent statutory regulatory body. The Court was dealing with a challenge by contractual Yoga Trainers who were excluded from consideration for appointment to the post...

Mere Criminal History Not Sufficient To Invoke Gangsters Act; Proof Of “Continuing Unlawful Activity” Essential: Uttarakhand High Court

The Uttarakhand High Court has held that mere criminal antecedents or inclusion in a gang chart cannot, by themselves, justify conviction under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, in the absence of cogent evidence establishing the existence of an organized gang and “continuing unlawful activity”. The Court observed that strict proof of...

Uttarakhand High Court Enhances Motor Accident Compensation Without Cross-Appeal, Invokes Order 41 Rule 33 CPC

The Uttarakhand High Court has held that motor accident compensation can be enhanced by invoking Order 41 Rule 33 of the CPC in order to achieve the ends of justice. The Court observed that the appellate court can exercise such power where it is necessary to make the award just and complete.Justice Ravindra Maithani was hearing an appeal filed by ICICI Lombard General Insurance...

'Parties Cannot Raise Additional Claims Beyond Settlement Terms After Voluntarily Entering Into Compromise': Uttarakhand High Court

The Uttarakhand High Court has held that once parties voluntarily enter into a compromise and act upon its terms, they cannot subsequently raise additional claims beyond what was agreed. The Court observed that a party cannot resile from a binding settlement by seeking amounts not forming part of the compromise.Justice Alok Mahra was hearing an application seeking the quashing of...

Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court

The Uttarakhand High Court has held that a disciplinary inquiry cannot be dispensed with in a routine or arbitrary manner while imposing a major penalty. The Court observed that the power to dispense with inquiry must be exercised only in exceptional circumstances and for valid reasons.Justice Manoj Kumar Tiwari was hearing a writ petition filed by a police constable challenging his...

Uttarakhand HC Denies Bail To Alleged 'Outside Solver' In Recruitment Exam Cheating Case, Cites WhatsApp Chats & Real-Time Question Solving

The Uttarakhand High Court has refused to grant bail to an accused alleged to have acted as an “outside solver” in a live examination cheating arrangement, holding that the digital evidence indicating real-time transmission and solving of question papers during the subsistence of the examination constitutes strong prima facie material.The Court observed that offences of this nature strike...

Victim's Failure To Raise Alarm Not Indicative Of Consent: Uttarakhand High Court Upholds POCSO Conviction

The Uttarakhand High Court has held that the conduct of a minor victim, such as failure to raise alarm or attempt escape, cannot be treated as indicative of consent or voluntariness. The Court further reiterated that once the minority of the victim is established, consent becomes legally irrelevant under the POCSO Act, and minor inconsistencies in the victim's testimony do not undermine...