Uttarakhand High Court Enhances Motor Accident Compensation Without Cross-Appeal, Invokes Order 41 Rule 33 CPC

The Uttarakhand High Court has held that motor accident compensation can be enhanced by invoking Order 41 Rule 33 of the CPC in order to achieve the ends of justice. The Court observed that the appellate court can exercise such power where it is necessary to make the award just and complete.Justice Ravindra Maithani was hearing an appeal filed by ICICI Lombard General Insurance Company challenging the award dated 16.12.2022 passed by the Motor Accident Claims Tribunal, whereby compensation of...

'Parties Cannot Raise Additional Claims Beyond Settlement Terms After Voluntarily Entering Into Compromise': Uttarakhand High Court

The Uttarakhand High Court has held that once parties voluntarily enter into a compromise and act upon its terms, they cannot subsequently raise additional claims beyond what was agreed. The Court observed that a party cannot resile from a binding settlement by seeking amounts not forming part of the compromise.Justice Alok Mahra was hearing an application seeking the quashing of...

Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court

The Uttarakhand High Court has held that a disciplinary inquiry cannot be dispensed with in a routine or arbitrary manner while imposing a major penalty. The Court observed that the power to dispense with inquiry must be exercised only in exceptional circumstances and for valid reasons.Justice Manoj Kumar Tiwari was hearing a writ petition filed by a police constable challenging his...

Uttarakhand HC Denies Bail To Alleged 'Outside Solver' In Recruitment Exam Cheating Case, Cites WhatsApp Chats & Real-Time Question Solving

The Uttarakhand High Court has refused to grant bail to an accused alleged to have acted as an “outside solver” in a live examination cheating arrangement, holding that the digital evidence indicating real-time transmission and solving of question papers during the subsistence of the examination constitutes strong prima facie material.The Court observed that offences of this nature strike...

Victim's Failure To Raise Alarm Not Indicative Of Consent: Uttarakhand High Court Upholds POCSO Conviction

The Uttarakhand High Court has held that the conduct of a minor victim, such as failure to raise alarm or attempt escape, cannot be treated as indicative of consent or voluntariness. The Court further reiterated that once the minority of the victim is established, consent becomes legally irrelevant under the POCSO Act, and minor inconsistencies in the victim's testimony do not undermine...

Mere Telephone Call Does Not Satisfy Requirement Of Show Cause Notice Before Cancelling Caste Certificate: Uttarakhand High Court

The Uttarakhand High Court has held that merely making a telephone call to the person concerned does not satisfy the requirement of issuing a show cause notice before cancellation of a caste certificate. The Court observed that cancellation of a caste certificate, which creates civil rights, requires a proper and reasonable opportunity of hearing to the affected person.Justice Pankaj Purohit...

DNA Test Cannot Be Ordered Routinely To Prove Adultery; Presumption Of Legitimacy Of Child Must Prevail: Uttarakhand High Court

The Uttarakhand High Court has held that a direction for DNA examination of a child cannot be issued as a matter of course to substantiate allegations of adultery, particularly in the absence of pleadings and material to rebut the statutory presumption of legitimacy under Section 112 of the Evidence Act. The Court observed that permitting such testing without foundational facts would...

Father Cannot Avoid Duty To Maintain Minor Child Due To Mother's Income Or Personal Liabilities: Uttarakhand High Court

The Uttarakhand High Court has held that a father cannot evade his statutory obligation to maintain his minor child under Section 125 CrPC on the ground that the mother is earning or by citing personal financial liabilities such as loan repayments or family responsibilities. The Court reiterated that the duty to maintain a minor child stands on a higher pedestal and voluntary...

Family Pensioner Cannot Be Treated As 'Dependent' To Deny Medical Reimbursement: Uttarakhand High Court

The Uttarakhand High Court has held that a recipient of family pension cannot be treated as a “dependent” for the purpose of denying medical reimbursement under applicable Government Orders, particularly where the benefit is claimed in an independent capacity. The Court observed that once the State has extended the benefit of a health scheme to a family pensioner and continued to...

Uttarakhand High Court Directs Bank To Pay ₹25 Lakh Insurance To Widow Of Deceased Constable; Says Administrative Lapse Cannot Defeat Claim

The Uttarakhand High Court has held that a bank cannot deny the benefit of an accidental death insurance scheme to the widow of a deceased police constable solely on the ground that his name was not included in the list of covered employees, where such omission is attributable to administrative lapse. The case arose from the death of a constable of the Uttarakhand Police, who died in a...

Rehabilitation Under Statutory Scheme Not Punitive: Uttarakhand HC Upholds Eviction Notices To Rispana Riverbed Basti Residents

The Uttarakhand High Court has held that action taken by authorities to relocate residents of a Basti situated along the Rispana riverbed in Dehradun, in furtherance of the Uttarakhand Special Provisions for Urban Local Bodies and Authorities Act, 2018, cannot be termed illegal or punitive. The Court observed that where residents are being shifted to alternative accommodation under the...

'State Must Ensure Protection Of Married Couple Facing Threat': Uttarakhand High Court Orders Police To Provide Security To Couple

The Uttarakhand High Court has observed that where there is a threat perception to a married couple, the State authorities are under a legal obligation to ensure their safety and protection. Taking note of the petitioners' apprehension of threat from private respondents, the Court directed the police authorities to assess the threat perception and make necessary arrangements for...