S.125 CrPC | Not Obligatory For Claimant To Implead 'All Eligible Persons' Having Sufficient Means In Proceedings For Maintenance: Uttarakhand HC

The Uttarakhand High Court has clarified that it is not mandatory for a person claiming maintenance under Section 125 Cr.P.C. to implead all the persons responsible for maintaining him/her, having sufficient means, as respondents. It is up to the claimant from whom he/she needs maintenance and is free to implead any one or all the persons. While dismissing a revision petition...

'It Appears Facebook Is Not Complying With IT Rules': Uttarakhand High Court Imposes ₹50K Costs On FB For Not Filing Reply In PIL

Imposing costs of Rs 50,000 on Facebook for failing to reply to a petition alleging circulation of a morphed video on the social media site, Uttarakhand High Court on Wednesday said prima facie it appears that the Meta-owned platform is not complying with Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.The division bench of Chief Justice Vipin Sanghi...

'Social Stigma Will Be Insurmountable': Uttarakhand HC Allows 13-Year Old Rape Victim To Terminate Pregnancy Of Over 25 Weeks

The Uttarakhand High Court on Wednesday allowed a 13-year-old rape victim to undergo medical termination of over 25 weeks of pregnancy, after the medical board gave its recommendation for the abortion.Justice Sanjaya Kumar Mishra directed the authorities to proceed with termination of pregnancy as expeditiously as possible without any further delay."Before proceeding with the termination...

Uttarakhand High Court Directs State To Constitute Expert Committee To Tackle Man-Animal Conflicts

The Uttarakhand High Court has directed State's Environment Ministry to constitute a committee headed by the Principal Chief Conservator of Forest to deal with frequent 'man-animal conflicts' in certain regions of the State. The Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe also expressed disappointment over the non-implementation of the directives...

Google Map Prima Facie Shows Green Cover Depletion: Uttarakhand HC Stays All Development Activities In Nainital's Jilling Estate

Uttarakhand High Court has stayed till December 15, all development/ construction activities in Jilling Estate, a small village situated amidst untouched forests of Kumaon Himalayas.The direction was passed by a division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe after perusing Google Map imagery which prima facie depicts green cover depletion, particularly in 8.5 hectares...

'Not Simpliciter Case Of Rape, Parties Were Engaged': Uttarakhand High Court Grants Short Term Bail To Rape Accused To Marry Victim

The Uttarakhand High Court on Wednesday passed an order granting short term bail for a period of two weeks to a rape accused for the purposes of getting married to the victim. The single bench of Justice Ravindra Maithani noted that this was not a simpliciter case of rape but the parties were engaged and it was thereafter that the accused established physical relations with the...

Uttarakhand High Court Pulls Up Family Court For Not Allowing US Resident To File Divorce Petition Through POA Holder

The Uttarakhand High Court recently directed a family court in Haldwani to entertain a man's petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on the basis of the power of attorney furnished on behalf of his father.The division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe, while expressing its dismay on the approach of the Family Court,...

Court Cannot Partly Set Aside Award In Absence Of Manifest And Patent Error, And Without A Finding As To Its Severability: Uttarakhand High Court

The Uttarakhand High Court has ruled that in the absence of a manifest and patent error in the arbitral award, the Court under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot interfere with the award, by partly upholding it and by disallowing the rest of the claims of the claimant. The Division Bench of Justices Sanjaya Kumar Mishra and Ramesh...

Uttarakhand High Court Drops POCSO Trial, Notes Victim Has Moved On & Doesn't Intend To Pursue Prosecution

The Uttarakhand High Court recently dropped a criminal trial under the Protection of Children from Sexual Offences Act, 2012 after noting that the victim had moved on in life and did not intend to prosecute the accused.The single bench of Justice Sharad Kumar Sharma noted that although offences under the POCSO Act and other IPC offences complained of in the criminal matter are...

Ankita Bhandari Murder Case | Uttarakhand High Court Seeks Case Diary, Status Report From State Govt On November 3

The Uttarakhand High Court on Thursday sought a status report along with the case diary from the State Government with regard to the probe into the Ankita Bhandari Murder case. The details sought for by the Court have to be filed by the state on the next date of hearing on November 3.Essentially, the bench of Justice Sanjaya Kumar Mishra issued this order on a plea moved before it by the...

Uttarakhand High Court Bans Storage, Sale Of Fire Crackers In Haldwani's Ramlila Maidan For Safety Of Residents

The Uttarakhand High Court today directed the state authorities to forthwith stop the storage or retail sale of firecrackers in the Ramlila maidan area of Haldwani in the Nainital district in view of the grave danger to the life and property of the residents of the area.The bench of Chief Justice Vipin Sanghi and Justice R. C. Khulbe has directed the District Magistrate of Nainital District...

PIL Against 'Permissible Marriage Age' For Muslim Girls | Uttarakhand HC Grants Last Opportunity To Respondents To File Reply

The Uttarakhand High Court has granted a last opportunity to the state government as well as the Central Government to file their responses in a Public Interest Litigation (PIL) plea questioning the permissible age of marriage of girls under Muslim Law."In case, counter affidavits are not filed, on the next date, the Secretary, Ministry of Women and Child Development, Government of India and...