'Objections Raised By Intervener Cannot Defeat Right Of Decree Holder To Withdraw Execution Proceedings': Uttarakhand High Court

The Uttarakhand High Court has held that objections raised by an intervener cannot defeat the right of a decree holder to withdraw execution proceedings, particularly when no substantive adjudication was ever made against the intervener in the original proceedings. The Court observed that execution proceedings cannot be converted into an independent forum for the adjudication of the rights of...

'Government Servant Cannot Be Kept Under Suspension For Indefinite Period': Uttarakhand HC Quashes 5-Year Suspension

The Uttarakhand High Court has held that “a government servant cannot be kept under suspension for an indefinite period ”. The Court was dealing with a case where, subsequent to suspension, disciplinary proceedings against the petitioner included allegations of unauthorised absence and use of a forged Scheduled Tribe certificate to gain appointment.Observing that the petitioner had...

Appellate Court Must Examine Merits Of Conviction While Considering Bail; Cannot Merely Interpret S.430 BNSS As Directory: Uttarakhand HC

The Uttarakhand High Court has held that while considering an application for suspension of sentence and bail in a statutory criminal appeal, the Appellate Court is required to examine the merits of the conviction instead of merely interpreting whether Section 430(1) of the BNSS is directory or mandatory. The Court observed that once the appeal against conviction had been admitted, the...

Arrest Memo Bearing FIR Number Before Registration Of FIR Renders Arrest Prima Facie Illegal: Uttarakhand HC In NDPS Case

The Uttarakhand High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 after observing that the arrest memo and inventory report, though purportedly prepared prior to registration of the FIR, already bore the FIR number. The Court held that mention of an FIR number which did not exist at the time of arrest renders the documentation,...

Uttarakhand High Court Halts Review Of Nursing Promotions At AIIMS Rishikesh Including Reserved To Unreserved Posts On 'Own Merit' Principle

The Uttarakhand High Court has kept in abeyance the conduct of Review Departmental Promotion Committee at AIIMS Rishikesh concerning promotion of Nursing Officers to the post of Senior Nursing Officer for 2022 & 2023 based on the principle of "own merit", including promotion of reserved category persons to unreserved posts. The court was hearing a petition by nursing officers from...

DNA Report Cannot Be Relied Upon To Convict Accused If Not Put To Him During S.313 CrPC Examination: Uttarakhand High Court

The Uttarakhand High Court has held that an FSL/DNA report cannot be relied upon to sustain a conviction if the conclusions of the report were not put to the accused during his examination under Section 313 CrPC. The Court observed that incriminating material not presented to the accused for explanation cannot be read against him.A Division Bench of Justices Ravindra Maithani and Siddhartha...

[Uttarakhand Zamindari Abolition Act] Prior Sanction Mandatory For Transferring Land To Society For Non-Agricultural Purposes: High Court

The Uttarakhand High Court has held that prior sanction of the State Government is mandatory for transfer of land in favour of a society for non-agricultural purposes under Section 154 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as applicable to Uttarakhand, even when the transfer is effected through a gift deed. The Court observed that the statutory restrictions...

Uttarakhand High Court Grants Bail To Man Over 'Illegal' Snake Possession, Notes Venom Collection License Could Not Be Renewed In Time

The Uttarakhand High Court granted bail to a man booked for illegal possession of snakes, after prima facie observing that continued incarceration was not justified merely because his licence for extracting venom to make medicines, had expired and could not be renewed or regularized in time.Justice Ashish Naithani was dealing with a bail application filed by the accused arrested in...

Uttarakhand High Court Grants Bail To Hockey Coach Accused Of Raping Minor Player During National Games Camp

The Uttarakhand High Court has granted bail to a National Hockey Coach accused under the POCSO Act in connection with allegations of rape of a minor player while attending a hockey camp for selection to the National Games in 2025. Justice Alok Mahra was dealing with a bail application filed by an accused arrested in connection with offences under Sections 64(2)(f)(rape), 127(2)...

Minor Prosecutrix Possessed Sufficient Maturity To Understand Consequences Of Her Actions: Uttarakhand HC Grants Bail In POCSO Case

The Uttarakhand High Court has granted bail to an accused booked under the POCSO Act, observing that although the prosecutrix was legally a minor, the material on record indicated that she had voluntarily accompanied the applicant and was possessed of sufficient “understanding, maturity and discernment” to comprehend the nature and consequences of her actions. The Court observed that...

Dispute Over Burial Rights Between Two Muslim Communities Not Maintainable As PIL: Uttarakhand High Court

The Uttarakhand High Court has held that a claim relating to burial rights asserted by members of one Muslim community against another community in respect of a Kabristan would not fall within the scope of a Public Interest Litigation. The Court observed that such rights may be established in appropriate civil proceedings or through such other mode as may be advised. On this basis, the...

Mere Registration Of Cases Without Proof Of Organised Crime Not Sufficient To Establish Guilt Under UP Gangsters Act: Uttarakhand HC

The Uttarakhand High Court has held that mere registration of previous cases or criminal antecedents, without proof of an organised pattern of criminal activity, is not sufficient to establish guilt under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The Court observed that the prosecution must establish the existence of a gang, continuity of unlawful...