Uttarakhand High Court Directs Police To Ensure Extradited Gangster's Safety Outside Jail

The Uttarakhand High Court recently directed the Uttarakhand Police to ensure protection of extradited gangster Prakash Chandra Pandey alias Bunty Pandey while taking him from Central Jail, Sitarganj to different courts on the dates of hearing."Keeping in view the facts of the case on reasonable apprehension of petitioner that his life may be at risk, the writ petition is allowed. A writ...

Ensure No Damage Is Caused To Laxmi Narayan Temple Complex, Stop Dumping Debris Near It: Uttarakhand High Court to Authorities

The Uttarakhand High Court recently directed the authorities to forthwith stop the dumping of construction debris and demolition waste near an ancient Lakshmi-Narayan temple in Chamoli district."Prima facie, it appears that the dumping of the muck could not only impact the temple complex but also have a bearing on the ecology of the surrounding area," said the division bench of Chief...

Amount Paid Under Protest Prior To SCN , Consider As Pre -Deposit Under SVLDR Scheme: Uttarakhand High Court

The Uttarakhand High Court has held that the amount paid under protest, towards interest, prior to the issuance of show cause shall be considered as pre-deposit while disposing of the application for a waiver under the 'Sabka Vikas (Legacy Dispute Resolution) Scheme, 2019' (SVLDR Scheme).The single bench of Justice Sanjaya Kumar Mishra has observed that the statute does not make any...

'Chalta Hai' Attitude Dangerous To Rule Of Law; State Biggest Hurdle In Expeditious Disposal Of Bail Matters: Uttarakhand High Court

Slamming the state government's lackadaisical attitude in a bail matter, the Uttarakhand High Court recently observed that the state is one of the biggest hurdles in the expeditious disposal of bail matters.The bench of Justice Ravindra Maithani also came down heavily on the state government's 'chalta hai' attitude as it observed that such an attitude of the state in bail matters is dangerous...

Uttarakhand High Court Vacates Stay On Cutting Of Trees For Construction Of Sahastradhara Road; Directs Govt To Transplant Trees

The Uttarakhand High Court has allowed the proposed cutting of '2057 numbers of trees' for road-widening project in the Sahastradhara passage leading to Mussoorie. While denying relief in the stay application filed by the petitioner to halt the move, a Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe observed, "As to which road should be developed...

Arbitration Clause In An Unregistered But Compulsorily Registrable Document Can Be Enforced: Uttarakhand High Court Reiterates

The Uttarakhand High Court recently observed that an arbitration agreement does not require registration under the Registration Act. Relying on the Supreme Court's findings in SMS Tea Estates Private Limited v. Chandmari Tea Company Private Limited, (2011) 14 SCC 66, a bench comprising Chief Justice Vipin Sanghi reiterated: "Even if it is found as one of the clauses in a contract...

Mutation Entry In Revenue Records Neither Creates Nor Extinguishes Title To Property: Uttarakhand High Court

The Uttarakhand High Court has reiterated that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title.The observation came from Justice Manoj Kumar Tiwari:"Thus, mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title. It only enables the...

Uttarakhand HC Grants Anticipatory Bail To Woman Accused Of Abetting Father-In-Law's Suicide By Lodging False Molestation Complaint Against Him

The Uttarakhand High Court recently granted anticipatory bail to a woman who allegedly abetted the suicide of her father-in-law by lodging a false molestation complaint against him. The woman had alleged that her father-in-law molested her daughter.Justice Ravindra Maithani observed that the both the complainant and accused side had filed transcript of the victim of the molestation and liberty...

Uttarakhand Govt Servants Rules 2002 | Adverse Service Report Not Communicated To Employee Can't Be Used To Deny Promotion: High Court

The Uttarakhand High Court recently observed that adverse report against an employee, which is not communicated to him, cannot be relied upon by the employer to deny promotion to a government servant in view of Rule 5 of "Uttarakhand Government Servants (Disposal of Representation against Adverse Annual Confidential Report and Allied Matters), Rules 2002.The observation was laid by Justice...

Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court

The Uttarakhand High Court has reiterated that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".The observation came from a division bench of Chief Justice Vipin Sanghi and Justice RC Khulbe:"Since the minor is studying at a school in Mohali, it is that place where he is...

Refusal Of Bail Restricts Personal Liberty Guaranteed Under Article 21: Uttarakhand HC Grants Relief To Man Accused Of Distributing Toxic Liquor

The Uttarakhand High Court recently observed that refusal of bail is a restriction on the personal liberty of an individual guaranteed under Article 21 of the Constitution of India and thus, must not be refused during course of trial, unless necessary to secure the attendance of accused.The bench of Justice Alok Kumar Verma made the observation while granting bail to a person accused...

Made Her Existence 'Worthless': Uttarakhand High Court Denies Bail To Man Accused Of Abetting Suicide By Blackmailing Woman Through Obscene Videos

The Uttarakhand High Court recently denied bail to a man booked for offence of abetment of suicide punishable under Section 306 IPC, for allegedly blackmailing a married woman via WhatsApp, by sharing her obscene videos.The bench of Justice Ravindra Maithani observed that the victim kept begging from the applicant-accused to leave her, to end the relationship, to delete the obscene video,...