Uttarakhand High Court Bans Storage, Sale Of Fire Crackers In Haldwani's Ramlila Maidan For Safety Of Residents

The Uttarakhand High Court today directed the state authorities to forthwith stop the storage or retail sale of firecrackers in the Ramlila maidan area of Haldwani in the Nainital district in view of the grave danger to the life and property of the residents of the area.The bench of Chief Justice Vipin Sanghi and Justice R. C. Khulbe has directed the District Magistrate of Nainital District...

PIL Against 'Permissible Marriage Age' For Muslim Girls | Uttarakhand HC Grants Last Opportunity To Respondents To File Reply

The Uttarakhand High Court has granted a last opportunity to the state government as well as the Central Government to file their responses in a Public Interest Litigation (PIL) plea questioning the permissible age of marriage of girls under Muslim Law."In case, counter affidavits are not filed, on the next date, the Secretary, Ministry of Women and Child Development, Government of India and...

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Dealing with a Public Interest Litigation (PIL) plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it would not perform its duty, as and when the...

Uttarakhand High Court Stays Termination Of Ad hoc Employees In Vidhan Sabha

The Uttarakhand High Court has stayed termination of several ad hoc employees of the legislative assembly and directed the Vidhan Sabha Secretariat to permit them to work and pay the remuneration, as before.However, Justice Manoj Kumar Tiwari in the order dated October 15 also made it clear that the competent authority shall be at liberty to initiate the process of selection for...

Man Obtains Ex-Parte Divorce Decree Fraudulently By 'Misleading' Wife: Uttarakhand High Court Asks Him To Pay ₹50K To Her

The Uttarakhand High Court recently ordered a man to pay ₹50K to his pay after finding that he obtained an ex-parte divorce decree by misleading her. The Court further ordered him to deposit ₹50K with the State Legal Services Authority within four weeks.Essentially, the Husband (while living with his wife and keeping her in dark), managed to get an 'ex-parte divorce decree' after...

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...