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...

Uttarakhand HC Grants Anticipatory Bail To Woman Accused Of Abetting Father-In-Law's Suicide By Lodging False Molestation Complaint Against Him

The Uttarakhand High Court recently granted anticipatory bail to a woman who allegedly abetted the suicide of her father-in-law by lodging a false molestation complaint against him. The woman had alleged that her father-in-law molested her daughter.Justice Ravindra Maithani observed that the both the complainant and accused side had filed transcript of the victim of the molestation and liberty...

Uttarakhand Govt Servants Rules 2002 | Adverse Service Report Not Communicated To Employee Can't Be Used To Deny Promotion: High Court

The Uttarakhand High Court recently observed that adverse report against an employee, which is not communicated to him, cannot be relied upon by the employer to deny promotion to a government servant in view of Rule 5 of "Uttarakhand Government Servants (Disposal of Representation against Adverse Annual Confidential Report and Allied Matters), Rules 2002.The observation was laid by Justice...

Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court

The Uttarakhand High Court has reiterated that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".The observation came from a division bench of Chief Justice Vipin Sanghi and Justice RC Khulbe:"Since the minor is studying at a school in Mohali, it is that place where he is...

Refusal Of Bail Restricts Personal Liberty Guaranteed Under Article 21: Uttarakhand HC Grants Relief To Man Accused Of Distributing Toxic Liquor

The Uttarakhand High Court recently observed that refusal of bail is a restriction on the personal liberty of an individual guaranteed under Article 21 of the Constitution of India and thus, must not be refused during course of trial, unless necessary to secure the attendance of accused.The bench of Justice Alok Kumar Verma made the observation while granting bail to a person accused...

Made Her Existence 'Worthless': Uttarakhand High Court Denies Bail To Man Accused Of Abetting Suicide By Blackmailing Woman Through Obscene Videos

The Uttarakhand High Court recently denied bail to a man booked for offence of abetment of suicide punishable under Section 306 IPC, for allegedly blackmailing a married woman via WhatsApp, by sharing her obscene videos.The bench of Justice Ravindra Maithani observed that the victim kept begging from the applicant-accused to leave her, to end the relationship, to delete the obscene video,...

State Does Not Have Unlimited Resources, Institutions That Waive Arrears To Seek Grant-In-Aid Can't Be Permitted To Take U-Turn: Uttarakhand HC

The Uttarakhand High Court recently, while dealing with a plea seeking release of pension and family pension of employees in the Dehradun Rishikul Vidhyapeeth Brahmcharya Sanskrit Mahavidhalaya as per the Old Pension Scheme, observed: "The State is not having unlimited resources. The State took a conscious decision to sanction the grant-in-aid to the Institution in question on...

"It Appears Anybody Can Encroach On Any Part Of Land": Uttarakhand HC Directs Immediate Removal Of Encroachments Over River Beds Of Dehradun

The Uttarakhand High Court has expressed severe dismay over the continuous encroachments of river beds in Dehradun and tacit involvement and support of the authorities concerned. A Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe, while passing order for immediate removal of encroachments, observed, "We are dismayed to see the current state...

Consider Declaring Elephant Corridors In Jim Corbett National Park/ Ramnagar Forest As 'Eco-Sensitive Zones': Uttarakhand HC To Centre

In a significant order, the Uttarakhand High Court has directed the Central Government to consider declaring the elephant corridors in the Jim Corbett National Park/ Ramnagar Forest as 'Eco-sensitive zones' under the Environment Protection Act. The bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe also directed the state and central governments to not allow construction in...

Uttarakhand High Court Judge To Make Field Visit To Understand The Hurdle In Collection & Disposal Of Plastic Waste

The Uttarakhand High Court has decided that one of its Judges shall make a field visit to understand as to what is the hurdle in the actual implementation of its orders for the collection and disposal of plastic waste.The bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe put forth this proposal while hearing a Public Interest Litigation (PIL) plea filed by Activist...

"Contrary To Mandate Of Article 16(2)": Uttarakhand HC Stays 30% Quota To Women With Domicile In State Civil Services

The Uttarakhand High Court has stayed a government order of the year 2006 that sought to provide 30 percent horizontal reservation only to the women candidates domiciled in Uttarakhand in the matter of public employment. Staying the operation of the govt order to the extent it provided reservations to only the state's women candidates, the Court clarified that reservation would remain in place...