Uttarakhand High Court
Rape & Murder Of 15-Year-Old Girl | Uttarakhand High Court Acquits Man Sentenced To Death In 2018
The Uttarakhand High Court recently overturned the death penalty awarded to a man by a trial court in a case involving the rape and murder of a 15-year-old girl. A bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma pointed out multiple flaws in the prosecution's case and the trial court's records while convicting the accused of murder and rape. The Court emphasised that the role of the accused (Mohd. Azhar) in the case, as alleged by the prosecution, was "questionable"....
High Court Does Not Function As Court Of Appeal Or Revision While Exercising Powers Under Inherent Jurisdiction: Uttarakhand High Court
The Uttarakhand High Court in a recent judgement held that a high court does not function as a court of appeal or revision under inherent jurisdiction.Dismissing an application filed under Section 482 of the Code of Criminal Procedure, 1973 by the accused, a bench comprising of Justice Alok Kumar Verma observed that “This inherent jurisdiction though wide should not be capriciously...
[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court
The Uttarakhand High Court has granted bail to an individual accused of offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS) observing that conditional liberty must override the statutory embargo when prolonged detention is at odds with constitutional rights.In allowing his plea of bail of the ground of prolonged Incarceration Justice Alok Kumar Verma underscored,...
Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court
The Uttarakhand High Court has upheld an arbitration award observing that an arbitrator can award interest after the award is given till the actual payment is made.These observations were made in an appeal filed by the State questioning whether the amount of interest awarded by the Arbitrator is covered under Section 31(7)(a) and (b) of the Arbitration and Conciliation Act, 1996. Hearing...
Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
The Uttarakhand High Court has extended bail to a juvenile accused in a case registered under Sections 376(3), 506 of the Indian Penal Code (IPC), and Section 5(j)(ii)/6 of the Protection of Children from Sexual Offences Act, 2012.Admitting the Juvenile on bail a bench comprising Justice Ravindra Maithani observed,“Even if a CIL is transferred for trial as an adult under Section 18(3) of...
Uttarakhand High Court Directs Inspection Of Brick Kilns To Ensure Compliance With Minimum Wage Laws
The Uttarakhand High Court has directed the inspection of brick kilns across the state to ensure compliance with minimum wage laws.These directions came in response to a writ petition filed by a concerned petitioner seeking enforcement of government orders about paying minimum wages to brick kiln workers.Mr. Shubhr Rastogi, Advocate for the petitioner, laid out the grievances before the...
Not Possible For Few Individuals To Threaten Entire Community: Uttarakhand HC Declines Plea Of Balmiki Samaj Seeking Protection Against Private Individuals
In a recent ruling Justices Manoj Kumar Tiwari and Pankaj Purohit of the Uttarakhand High Court have dismissed a writ petition filed by Balmiki Samaj, Mahanagar, Kotdwar, through its President Mr. Dilendra Godiyal, seeking collective protection against alleged harassment and threats from certain individuals.The petitioner represented by Mr. Susheel Kumar, urged the court to intervene and...
Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister
The Uttarakhand High Court has recently commuted the death penalty awarded to a man convicted for repeatedly committing rape upon his five-year-old orphan cousin and assaulting her numerous times.While lessening the punishment awarded to the convict to twenty-year rigorous imprisonment, the Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma observed –“…we are of...
Baba Tarsem Singh Murder Case | Uttarakhand High Court Rejects Ex-IAS Officer Harbans S. Chugh's FIR Quashing Plea
The Uttarakhand High Court has rejected an FIR quashing cum arrest stay plea filed by retired IAS officer Harbans Singh Chugh in connection with the murder case of Baba Tarsem Singh, head of Sri Nanakmatta Sahib Gurdwara Dera Kar Seva.Denying him the relief, a bench of Justice Rakesh Thapliyal observed that the law is very well settled and that no interim protection can be given until and...
'Contains Dense Forests, Can't Uproot Trees To Make New Building': Uttarakhand HC Declines State's Allocation Of Land For New HC Complex In Haldwani
In an interesting development, the Uttarakhand High Court has declined to accept the land identified and allocated by the State Government for construction of a new High Court building in Haldwani as almost 75% of the land is covered with trees.While taking cognizance of the matter, the Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal observed –“After...
Labour Court's Orders Can't Be Executed Via Writ Before High Court, Workman Must Approach Labour Court First: Uttarakhand High Court
The Uttarakhand High Court single bench of Justice Pankaj Purohit held that High Courts are not executing courts for the purposes of giving effect to the reliefs granted by the Labour Courts. Matters of implementation and execution fall within the domain of Labour Courts only, in line with Order 21 of the CPC, 1908. Brief Facts: The Petitioner (“Workman”) was employed as...
State Can't Take Benefit Of Its Own Wrong By Denying Pensionary Benefits To Employee, Who Served For Three Decades: Uttarakhand High Court
A division bench of the Uttarakhand High Court comprising of Hon'ble Chief Justice Ms. Ritu Bahri and Hon'ble Justice Sri Rakesh Thapliyal, while deciding a Special Appeal in the case of State of Uttarakhand & Ors vs Prakash Chandra Harbola & Ors has held that the State cannot be permitted to take the benefit of its own wrong by denying the pensionary benefits to the employee,...