Forcible Religious Conversion Under “Deep Coercion”: Uttarakhand High Court Rejects Bail To POCSO Accused, Flags Forged Aadhaar

The Uttarakhand High Court has denied bail to a man accused of POCSO offences, observing that the evidence in the case indicated a “systemic attempt of forcible religion conversion under deep coercion.” Importantly, the Court also took note of the alleged creation of a forged Aadhaar card under a false name, observing that it indicated the extent of the applicant's involvement in the...

Signed Blank Cheque Presumes Legally Enforceable Debt Even If Particulars Were Filled By Another: Uttarakhand High Court

The Uttarakhand High Court has held that once the execution of a cheque or the signature thereon is admitted, the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, come into play, even if the other particulars of the cheque were filled in by someone else. The Court observed that the difference in handwriting between the signature and other...

Vehicle Owner Travelling As Passenger Entitled To Compensation Under Package Policy Covering Passengers: Uttarakhand High Court

The Uttarakhand High Court has held that where a comprehensive/package insurance policy specifically covers passengers, the vehicle owner travelling as a passenger cannot be denied compensation merely because of his ownership of the vehicle. The Court observed that the terms of the particular insurance policy expressly provided coverage for nine passengers for which a separate premium...

Nainital Water Contamination: Uttarakhand High Court Directs District Magistrate To Set Up Public Helpline Within 24 Hours

The Uttarakhand High Court on Tuesday directed the Nainital District Magistrate to “set up a public helpline number within 24 hours and publicise the same”. Hearing the matter, the Court further directed the Regional Officer of the Uttarakhand Pollution Control Board, Nainital, to collect water samples from different sources in all affected villages and Nainital town and submit a...

Promotion Rules Cannot Be Altered Midway To Favour Ineligible Candidates, Rules Uttarakhand High Court

A Division Bench of the Uttarakhand High Court comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit held that the rules cannot be changed midway for an ongoing promotion exercise, and the right to be considered for promotion under the existing rules cannot be defeated by arbitrarily suspending the process to amend the rules and benefit ineligible candidates. Background...

'Chairperson Alone Cannot Pass Order': Uttarakhand High Court Quashes Disciplinary Action Against Police Officer

The Uttarakhand High Court has held that “an order passed by the Chairperson of the State Police Complaints Authority alone cannot be treated as an order passed by the Authority”. Holding that as per the scheme of the Uttarakhand Police Act, 2007, the Authority consists of the Chairperson and four other members and held that an order passed by the Chairperson alone was “illegal per se...

Uttarakhand High Court Dismisses Plea Challenging Proposed Shift Of High Court From Nainital To Haldwani As Premature

The Uttarakhand High Court has dismissed a challenge to the proposed relocation of the High Court Complex from Nainital to Haldwani, holding that the writ petition was premature as the matter was presently at the stage of identification of land. The Court observed that prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980 would be required when the...

Uttarakhand High Court Upholds Denial Of RTI Info On Estranged Wife's Govt Service, Says No Material Could Outweigh Privacy

The Uttarakhand High Court has upheld the denial of information sought under the Right to Information Act by a man concerning the government service of his estranged wife, holding that there was “no material on record indicating any public interest that could outweigh her right to privacy”. Holding the above, the Court noted that the appellant had failed to place even prima facie...

'Romantic Relationship, Proposal To Marry Cannot Dilute POCSO Act': Uttarakhand High Court Denies Bail Over Minor's Sexual Assault

The Uttarakhand High Court has held that “the plea of romantic relationship and subsequent proposal to marry cannot dilute the statutory protection granted to minor child under the POCSO Act,” thus reiterating that a minor's consent is “completely irrelevant in the eyes of law.”Applying this to the present case, the Court also took note of the allegation that the accused had concealed...

Excise Commissioner Cannot Relocate Permitted Liquor Sub-Shop Because It Adversely Affects Another Licensee's Revenue: Uttarakhand High Court

The Uttarakhand High Court has held that the Commissioner, Excise cannot relocate a sub-shop of a licensee only on the ground that the revenue of another liquor shop was adversely affected. The Court observed that the power under Rule 28.4(b) of the Uttarakhand Excise Policy to relocate a shop was available to the District Magistrate and not to the Commissioner, Excise.Justice Manoj Kumar...

'Land Cannot Be Acquired On 24-Hour Notice': Uttarakhand High Court Quashes Helipad Takeover

The Uttarakhand High Court has held that land cannot be temporarily acquired under Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 without giving prior notice for a reasonable time. The Court observed that a person cannot be divested of the use of his own land without following the due process of law.Justice...

Uttarakhand High Court Directs Dehradun DM To Examine Citizenship Application Of Tibetan Migrant Within Six Weeks

The Uttarakhand High Court has directed the Dehradun District Magistrate to examine the citizenship application submitted by a person of Tibetan origin who migrated to India and “if everything is found to be in order”, then forward it to the Competent Authority in the Central Government within six weeks. The Court accordingly disposed of a writ petition seeking directions for processing...