Uttarakhand High Court
'Dearth Of Space For Morning Walkers': High Court Orders Reserving Nainital's Lower Mall Road For Pedestrians B/w 6-8 AM Every Day
Noting that there is a "grave dearth" of space/areas for people to go for a morning or evening walk in the state, especially in the city of Nainital, the Uttarakhand High Court last week directed the State government to reserve the Lower Mall Road in the city only for pedestrian movement between 06:00 AM to 08:30 AM every day.The order was passed by Chief Justice Vipin Sanghi and Justice...
High Court Warns Uttarakhand's Law Secretary Over Mechanical Rejection Of Permission To File Appeal Against Acquittal In Lawyer’s Murder Case
The Uttarakhand High Court has criticized the Principal Secretary (Law) for mechanically rejecting permission to the State to file appeal against an order of acquittal in a case involving murder of a lawyer in broad daylight in 2017.Being dissatisfied by the manner in which the case was dealt with by the senior judicial officer, the Division Bench of Justice Manoj Kumar Tiwari and Justice...
Uttarakhand High Court Set Aside Reassessment Proceedings Initiated against Amalgamated Company As It Became Non-Existent
The Uttarakhand High Court has held that PAN activation by a transferor company does not entitle revenue to issue a reassessment notice after the appointed date of amalgamation.The bench of Justice Ravindra Maithani has observed that the reassessment notice was given to the transferor company, which is a non-existent entity, after the appointed date, i.e., April 1, 2018. The order under...
Consider Granting One-Time Ex Gratia Amount To State Bar Council To Setup Welfare Scheme For Needy Advocates: Ut’khand HC To State Govt
The Uttarakhand High Court has asked the state government to consider providing a one-time ex gratia amount to the Bar Council of Uttarakhand so that it can run a welfare scheme for the welfare of young and needy Advocates. The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal passed this order on a Public Interest Litigation (PIL) plea seeking a direction to the Union...
Uttarakhand High Court Takes Suo Motu Cognizance Of Virat Kohli’s Video On Lack Of Opportunity For Children To Play Outdoor Sports
In a peculiar development, the Uttarakhand High Court has taken suo moto cognizance of a video featuring cricketer Virat Kohli where the issue of lack of space and opportunity for children to play outdoor sports was raised. While issuing notice to the Union as wells as State Governments to file their responses, the Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh...
‘Policy of State Is To Commercialise Hills’, Uttarakhand High Court Directs State To Formulate Tourism Development Plan
Observing that the policy of state in practice is only to “commercialise hills”, The Uttarakhand High Court directed the state to formulate the Tourism Development Plan (TDP), and to seek approval of the Union Ministry of Environment, Forest and Climate Change within the next four weeks.The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal said, “ Our experience has...
“There Are Serious Allegations Against Higher Authorities”, Uttarakhand High Court Orders CBI To Probe Illegal Tree Felling At Corbett Park
Observing that there are serious allegations against higher authorities, the Uttarakhand High Court has directed CBI to investigate illegal construction and felling of over 6000 trees at Corbett Tiger Reserve .“We are satisfied that the material on record does disclose a prima facie case calling for an investigation by the Central Bureau of Investigation,” held the bench of Chief...
Joshimath Crisis: ‘State Is Not Serious About Unearthing Real Cause Of Sinking Land’, Uttarakhand High Court Directs Presence Of Chief Secretary
The Uttarakhand High Court has pulled up the state authorities for not associating independent experts for studying the landslides and subsidence in Joshimath area of Uttarakhand.While noting that in the previous hearing it was directed to involve an expert from the fields including of Hydrology, Geology, Disaster Management and landslides to conduct the study in the Joshimath area, the bench...
Anticipatory Bail Pleas Maintainable For Category ‘A’ Offences Outlined By SC In ‘Satender Antil’ Case: Uttarakhand HC Holds By 2:1 Majority
Recently, a full bench of the Uttarakhand High Court by a 2:1 majority held that anticipatory bail applications are maintainable even after filing of charge sheet. Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari constituted the majority while Justice Ravindra Maithani rendered a dissenting opinion.The Bench was deciding the issue of admissibility of anticipatory bail pleas after...
Anticipatory Bail Plea Not Maintainable After Submission Of Chargesheet: Justice Ravindra Maithani Dissents From Majority View
The majority of a Full Bench comprising Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari of the Uttarakhand High Court has held that anticipatory bail application can be entertained even after filing of charge-sheet as there is no time limit prescribed under the Code of Criminal Procedure restricting the stage until which such bail can be granted. Justice Ravindra Maithani,...
S.438 CrPC | Anticipatory Bail Plea Maintainable Even After Filing Of Chargesheet: Uttarakhand High Court Holds By 2:1 Majority
The Uttarakhand High Court has, by a 2:1 majority, held that application for ‘anticipatory bail’ under Section 438 CrPC can be entertained even after submission of charge-sheet. In their concurring opinions, Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari held that the legislature has not imposed any restriction as regards the stage upto which an application for anticipatory...
Uttarakhand High Court Seeks Response From State On Allegations Of Illegal Mining & Felling Of Trees In Dehradun
The Uttarakhand High Court has directed State authorities to file response to a plea filed against alleged illegal mining and felling of trees in Salan Gaon, Dehradun.The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal said, “We direct the respondent- authorities to file their counter-affidavit within two weeks. The counter-affidavit should specifically state as to what...