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,...

Issue General Instruction Enabling Live-In/Married Couples To Directly Approach SSP To Get Protection: Uttarakhand HC To State Govt

The Uttarakhand High Court recently directed the State Government to come up with general instructions, whereby, live-in/married couples can directly approach the Senior Superintendent of Police and get protection.A bench of Chief Justice Ritu Bahri and Justice Pankaj Purohit issued this direction to the state government while dealing with a protection plea filed by a couple....

Child's Custody Has To Be Shared By Both Parents And Grandparents, Follow 257th Law Commission Report: Uttarakhand High Court To Family Courts

The Uttarakhand High Court has directed the Family Courts to mandatorily follow the recommendations made by the Law Commission in its 257th Report with regard to reforms in guardianship and custody laws, in child custody matters.While passing directions, the Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal observed:“This Court is of the view that at this stage,...

Provide Profits Gained Out Of Jail Manufactured Products To Inmates: Uttarakhand High Court Directs State

The Uttarakhand High Court has directed the State Government to implement recommendations made by the Prison Reforms Committee to appoint male as well as female counselors and social workers in different prisons of the State.The Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal also ordered the State to adapt the practice prevailing in the State of Himachal Pradesh...

Woman Can't Be Denied Joining In Service Merely Because Of Her Pregnancy: Uttarakhand High Court

The Uttarakhand High Court has held that a woman, after being duly selected, cannot be denied joining in service merely because she is pregnant. While giving relief to a 13-week pregnant lady, the Single Bench of Justice Pankaj Purohit observed –“The motherhood is one of the greatest and noblest blessings to a woman by nature and she cannot be denied public employment for this reason that...