Haldwani Violence | 'Sluggish' Probe; 'Careless' IO: Uttarakhand High Court Grants Default Bail To 50 Accused

Citing the 'sluggish' probe and flagging the 'carelessness' of the Investigating Officer, the Uttarakhand High Court on Wednesday granted 'default' bail to 50 accused (including six women) who are facing charges of attempt to murder, rioting, and dacoity in connection with the February 2024 Haldwani violence case. A bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit...

Uttarakhand High Court Directs State To Consider Providing Equitable Wages To Prisoners Engaged In Labour Within Jail

The Uttarakhand High Court has directed the State to consider the issue of providing equitable wages to prisoners engaged in labour within jails, in response to a Public Interest Litigation (PIL).The PIL, filed to address the lack of compensation for prisoners working under rigorous conditions, brought to light the non-payment of wages to prisoners engaged in labour in several jails across...

Uttarakhand HC Directs District Legal Services Authorities To Hire Advocates To Help Release Of Undertrials Unable To Furnish Bail Bonds

The Uttarakhand High Court has directed the District Legal Services Authorities (“DLSAs”) of the State to hire Advocates for the undertrials languishing in jail due to their inability to submit personal bonds to be released on bail. It is worthwhile to mention that vide order dated 10.04.2024, the direction was given to the authority to file a status report with regard to the detention...

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court

The Uttarakhand High Court on Wednesday (August 7) observed that an application seeking eviction of the trespasser interfering in the peaceful possession of the senior citizen would be maintainable before the District Magistrates of Uttarakhand under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (“Act”).Though the Act does not permit the senior citizen to file...

Financial Liabilities Do Not Justify Lowering Maintenance Payments U/S 125 CrPC: Uttarakhand High Court

Addressing a revision petition against an interim maintenance order passed by the Family Judge, Haldwani, the Uttarakhand High Court has ruled that existing loans and other financial liabilities do not justify lowering maintenance payments under Section 125 of The Code of Criminal Procedure, 1973.The case arose from an application filed by the revisionist's wife seeking maintenance for...

Not Granting Divorce In A Dead Marriage Is 'Cruelty' To Both Husband And Wife: Uttarakhand High Court

Noting that not granting divorce when the marriage is a 'dead marriage' would amount to cruelty, the Uttarakhand High Court allowed the dissolution of a marriage wherein both parties had separated 25 days after their marriage.The Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal added that there was no scope for 'emotional bonding' or 'patch-up' among them since...

Writ Petition Under Article 227 Not Maintainable Against Mutation Proceedings : Uttarakhand High Court

The Uttarakhand High Court on Thursday (August 1) observed that a writ petition under Article 227 of the Constitution would not be maintainable against mutation proceedings. The Court reasoned that the mutation proceedings are not final and do not confer any title over the property but are meant for fiscal purposes. In the present case, the petitioner was aggrieved by the rejection of...

Nursing Officers Recruitment: Uttarakhand High Court Bars Previously Appointed Senior Officers From Participating In Fresh Recruitment Drive

The Uttarakhand High Court has placed an interim bar on candidates, who are already employed as Nursing Officers in the Medical Health Department, from applying to the newly notified Nursing Officer posts in the Medical Education Department.A Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal has allowed the interim application filed by the appellants, Naval Kishore and...

Uttarakhand's Uniform Civil Code Not Yet Implemented: High Court Expunges Direction On Live-In Couple To Mandatorily Register Relationship

The Uttarakhand High Court has expunged its previous remarks about mandatory registration for live-in couples under the Uniform Civil Code, 2024 after the state's counsel submitted that the Act has not yet come into force by a separate notification. Earlier, on 18.07.2024, the Uttarakhand High Court granted protection to an inter-religious couple in a live-in relationship, stipulating...

Tax Invoice Scam & Fake Timber Sale Worth ₹20 Crore: Uttarakhand HC Upholds Bail Cancellation Of Accused Who Allegedly Operated Fictitious Firms

The Uttarakhand High Court has upheld the trial court's order cancelling bail to Mohd. Shahnawaz, the main accused who orchestrated the fake supply of timber and tax evasion scam, which cost the state exchequer over Rs 20 Crores.The single-judge bench of Justice Rakesh Thapliyal refused to allow the S.482 CrPC application preferred by the applicant/accused against the cancellation of the...

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife

The Uttarakhand High Court has stayed the order of a Revisional Court which had exonerated a husband from the charge of Section 377 IPC, which prohibits non-consensual unnatural sex. This comes a day after a coordinate bench of the High Court held that a husband cannot be prosecuted under Section 377 IPC as Section 375 IPC exempts marital sex and also covers all possible penile...

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. “Exception 2 to Section 375 IPC cannot be taken out from it while reading Section 377 IPC in relation to husband and wife. If an...