Centre Notifies Elevation Of Two Lawyers, One Judicial Officer As Judges Of Uttarakhand High Court

The Central Government has notified the appointment of Advocates Rakesh Thapliyal and Pankaj Purohit and Judicial Officer Vivek Bharti Sharma as the Judges of Uttarakhand High Court. The Union Law Minister Mr Kiren Rijiju tweeted the development. In April the Supreme Court Collegium headed by Chief Justice of India Dhananjaya Y Chandrachud had recommended their names for...

S.295A IPC | Offences Affecting ‘Secular Fabric’ Of Country Can’t Be Compounded: Uttarakhand High Court

The Uttarakhand High Court has recently held that offences which outrage religious sentiments of communities and have tendency to affect ‘secular fabric’ of the country, cannot be compounded.While rejecting to compound an offence under Section 295A of the Indian Penal Code, the Single Judge Bench of Justice Sharad Kumar Sharma observed,“The wider reason, why these words...

Uttarakhand High Court Issues Notice On Plea Seeking Proper Implementation Of Environmental Laws In Mussoorie

The Uttarakhand High Court has issued notice to the state government, the union Ministry of Environment, Forest and Climate Change, the state pollution control board and Mussoorie-Dehradun Development Authority on a PIL raising concerns about the deteriorating environmental conditions in Mussoorie.The division bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma said the...

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal

While acquitting a person who was convicted in 2005 under the NDPS Act, the Uttarakhand High Court said non-compliance of Section 50 of the Act makes sufficient case for acquittal.Justice Alok Kumar Verma said that, “Appellant was not informed of his legal right (to be searched in the presence of the Gazetted Officer or Magistrate), therefore, non-compliance of Section 50 of the Act,...

Uttarakhand High Court Orders Reinstatement Of Rajiv Bhartari As Principal Chief Conservator Of Forest

The Uttarakhand High Court on Monday ordered the government to allow senior IFS officer Rajiv Bhartari to take over as the Principal Chief Conservator of Forest/ Head of Forest Force (PCCF/HoFF). He was earlier allegedly transferred merely on the basis of a note prepared by the Minister of Forest.While granting relief, the Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar...

Uttarakhand High Court Directs State To Disclose Status Of Lokayukta Institution, Expenditure Incurred Since Inception

The Uttarakhand High Court bench comprising Chief Justice Vipin Sanghi and Justice Alok Kumar Verma has directed the State to disclose the status regarding the establishment of the Lokayukta Institution, as well as the expenditure incurred on the said institution since its inception, year-wise up to 31st March 2023 within three weeks.The court was hearing the PIL filed by a resident...

Heads Of Higher Educational Institutions Shall Be Held Responsible For Ragging Incidents: Uttarakhand High Court

The Uttarakhand High Court has passed directions to the State and University authorities to strictly implement the Regulations to curb ragging in all the higher educational institutions of the State.While expressing serious concern over the menace of ragging, the Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma said“…it is seen that the activity of ragging...

Evict Employees Unauthorisedly Occupying Govt Accommodations, Collect Penal Rent: Uttarakhand High Court To State

The Uttarakhand High Court has disposed of a PIL and ordered eviction of retired/transferred government servants who are in unauthorised occupation of government accommodations. It has also directed the State to calculate and collect penal rents from aforesaid persons.While taking a tough stand against illegal occupations of government residences, the Division Bench of Chief Justice Vipin...

Caste Status Of Married Woman Is Determined By Birth And Not By Marriage: Uttarakhand High Court

The Uttarakhand High Court has clarified that caste status of a person is determined by birth and not by her marriage. A Single Judge Bench of Justice Manoj Kumar Tiwari further held that as long as there is no statute or rule that a married woman must obtain a fresh caste certificate upon her marriage, she cannot be denied the benefit of her caste as she was enjoying...

Joshimath Crises| 'Strictly Enforce Construction Ban, Submit Report To Prevent Further Damage': Uttarakhand HC To State Govt

In a significant order, the Uttarakhand High Court has directed the state government to strictly enforce the ban on construction in the subsidence-hit Joshimath town in the Chamoli district.The bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma also asked the official authorities to appoint a committee of experts to look into the matter and submit the report to prevent...

Haldwani Evictions : Reasons Given By Uttarakhand High Court To Order Evictions In Gafoor Basti Near Railway Land [Read Judgment]

The Uttarakhand High Court last month ordered the Railway and local authorities to demolish the encroachment on railway land in Ghafoor Basti located in the Banbhoolpura area of Haldwani by giving a week's notice to the encroachers. The Court ordered thus while holding that the area in question is the property of the railway, and not Nazul land, as claimed by the dwellers. It may be...

Owner Of Property Must Follow ‘Manner Provided By Law’ To Dispossess Even An Unauthorized Occupant: Uttarakhand High Court

The Uttarakhand High Court has reiterated that a tenant can be dispossessed of a property only after following due procedure of law and therefore, owner of the property cannot forcibly take away his possession in any manner other than as provided by law. While dismissing the petition filed by the owners, a Single Judge Bench of Justice Manoj Kumar Tiwari added: “Although, it...