Master's Degree In Allied Subject Valid For Assistant Professor Appointment Under UGC Regulations: Uttarakhand High Court

The Uttarakhand High Court has held that under the UGC Regulations governing appointment to the post of Assistant Professor, a candidate possessing a Master's Degree in the concerned, relevant or allied subject from an Indian University with 55% marks is eligible for appointment.The Court observed that the UGC Regulations treat degrees in “concerned”, “relevant” and “allied”...

Pay Protection Based On Previous Service Does Not Grant Vested Right To Count Such Service For Career Progression Benefits: Uttarakhand High Court

The Uttarakhand High Court has held that the grant of pay protection on the basis of previous service does not confer a vested right to have such service counted for the purpose of Assured Career Progression (ACP) benefits. The Court observed that pay protection and financial upgradation under the ACP Scheme operate in distinct fields and are governed by different executive...

Acid Attack Leading To Death By Septicemia Months Later Constitutes Murder: Uttarakhand High Court Upholds Conviction

The Uttarakhand High Court has upheld the conviction of an accused under Sections 302, 326A and 504 of the Indian Penal Code, holding that the death of an acid attack victim due to septicemic shock more than two months after the incident did not break the chain of causation. The Court observed that where the medical evidence establishes that septicemia resulted from infected ante-mortem acid...

'Uttarakhand State Did Not Exist In 1996': High Court Upholds Disqualification Of Gram Pradhan For Forged Education Certificate

The Uttarakhand High Court has upheld the disqualification of a Gram Pradhan under Section 8(1)(q) of the Uttarakhand Panchayati Raj Act, 2016, holding that the educational certificate relied upon by her was not genuine. The Court observed that the Transfer Certificate purportedly issued in 1996 was inherently doubtful since it referred to the "State of Uttarakhand", although the State came...

Threat To Witness Not Grounds For Transferring Trial, Witness Protection Act Applicable: Uttarakhand High Court

The Uttarakhand High Court has held that allegations of threats to witnesses, by themselves, do not justify the transfer of a criminal trial when the Uttarakhand Witness Protection Act, 2020, provides a statutory mechanism for securing protection to witnesses. The Court observed that where such protection is available and can be invoked, transfer of the trial is unwarranted.Justice Siddhartha...

Uttarakhand High Court Grants Couple Protection Despite Objection That Groom Had Not Attained 21 Years Age At Time Of Marriage

The Uttarakhand High Court has granted protection to a couple, notwithstanding the objection that the male petitioner had not attained 21 years of age at the time of marriage. Observing that the counsellor's report indicated that the female petitioner was not ready to go with her parents and was happy in the company of the male petitioner, the Court, relying on the Supreme Court's decision...

'Res Judicata Cannot Be Applied Rigidly To Interlocutory Procedural Orders Like Restoring Cross-Examination': Uttarakhand High Court

The Uttarakhand High Court has held that principles analogous to res judicata cannot be applied with the same rigidity to interlocutory procedural orders as they are applied to final adjudications determining the rights of parties. The Court observed that a Family Court retains sufficient jurisdiction to pass procedural orders necessary to secure a fair, complete and effective adjudication of...

Experience As Principal Can Be Counted For Appointment As Vice Chancellor : Uttarakhand High Court

A Division Bench of the Uttarakhand High Court comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay held that experience gained as a Principal can be counted towards the required experience as a Professor for appointment as Vice Chancellor when the post of Principal forms part of the teaching cadre and involves teaching functions. Background Facts...

Writ Maintainable Against Co-op Society If Employee's Termination Results From Statutory Registrar's Directive: Uttarakhand High Court

The Uttarakhand High Court has held that a writ petition challenging termination of service by a cooperative society would be maintainable where the termination is founded upon directions issued by the Registrar or an authority exercising statutory powers under the Cooperative Societies Act. The Court observed that in such a case, the writ petition cannot be treated as being directed only...

Protection Of Pre-Existing Service Conditions Justifies Separate Promotion Criteria For Absorbed Employees: Uttarakhand High Court

A Division Bench of the Uttarakhand High Court comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit held that the classification created by the 2018 Service Bye-Laws is reasonable and valid under Article 14, as it protects the pre-existing service conditions of absorbed UPPCL employees based on a binding promise, distinguishing them from petitioners who were directly appointed...

Third Party Cannot Be Directed To Pay Compensation Under Employees' Compensation Act Due To Alleged Negligence: Uttarakhand High Court

The Uttarakhand High Court has held that compensation under the Employees Compensation Act, 1923, can be fastened only upon the employer of the deceased employee and not upon a third party on the basis of alleged negligence. The Court observed that the Act provides for payment of compensation by employers to their employees and is unrelated to tortious liability.Justice Ravindra Maithani...

Plaintiff Not Required To Pay Court Fee Till Permission To Sue As An Indignant Person Under O.33 R.9 CPC Is Withdrawn: Uttarakhand High Court

The Uttarakhand High Court has held that unless permission granted to a plaintiff to sue as an indigent person is first withdrawn in accordance with Order XXXIII Rule 9 of the Code of Civil Procedure, no direction can be issued requiring the plaintiff to deposit court fee merely on the basis of an application seeking such a deposit. Observing that the defendants had not sought withdrawal of...