Uttarakhand High Court
Uttarakhand High Court Pulls Up Family Court For Not Allowing US Resident To File Divorce Petition Through POA Holder
The Uttarakhand High Court recently directed a family court in Haldwani to entertain a man's petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on the basis of the power of attorney furnished on behalf of his father.The division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe, while expressing its dismay on the approach of the Family Court,...
Court Cannot Partly Set Aside Award In Absence Of Manifest And Patent Error, And Without A Finding As To Its Severability: Uttarakhand High Court
The Uttarakhand High Court has ruled that in the absence of a manifest and patent error in the arbitral award, the Court under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot interfere with the award, by partly upholding it and by disallowing the rest of the claims of the claimant. The Division Bench of Justices Sanjaya Kumar Mishra and Ramesh...
Uttarakhand High Court Drops POCSO Trial, Notes Victim Has Moved On & Doesn't Intend To Pursue Prosecution
The Uttarakhand High Court recently dropped a criminal trial under the Protection of Children from Sexual Offences Act, 2012 after noting that the victim had moved on in life and did not intend to prosecute the accused.The single bench of Justice Sharad Kumar Sharma noted that although offences under the POCSO Act and other IPC offences complained of in the criminal matter are...
Ankita Bhandari Murder Case | Uttarakhand High Court Seeks Case Diary, Status Report From State Govt On November 3
The Uttarakhand High Court on Thursday sought a status report along with the case diary from the State Government with regard to the probe into the Ankita Bhandari Murder case. The details sought for by the Court have to be filed by the state on the next date of hearing on November 3.Essentially, the bench of Justice Sanjaya Kumar Mishra issued this order on a plea moved before it by the...
Uttarakhand High Court Bans Storage, Sale Of Fire Crackers In Haldwani's Ramlila Maidan For Safety Of Residents
The Uttarakhand High Court today directed the state authorities to forthwith stop the storage or retail sale of firecrackers in the Ramlila maidan area of Haldwani in the Nainital district in view of the grave danger to the life and property of the residents of the area.The bench of Chief Justice Vipin Sanghi and Justice R. C. Khulbe has directed the District Magistrate of Nainital District...
PIL Against 'Permissible Marriage Age' For Muslim Girls | Uttarakhand HC Grants Last Opportunity To Respondents To File Reply
The Uttarakhand High Court has granted a last opportunity to the state government as well as the Central Government to file their responses in a Public Interest Litigation (PIL) plea questioning the permissible age of marriage of girls under Muslim Law."In case, counter affidavits are not filed, on the next date, the Secretary, Ministry of Women and Child Development, Government of India and...
[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court
Dealing with a Public Interest Litigation (PIL) plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it would not perform its duty, as and when the...
Uttarakhand High Court Stays Termination Of Ad hoc Employees In Vidhan Sabha
The Uttarakhand High Court has stayed termination of several ad hoc employees of the legislative assembly and directed the Vidhan Sabha Secretariat to permit them to work and pay the remuneration, as before.However, Justice Manoj Kumar Tiwari in the order dated October 15 also made it clear that the competent authority shall be at liberty to initiate the process of selection for...
Man Obtains Ex-Parte Divorce Decree Fraudulently By 'Misleading' Wife: Uttarakhand High Court Asks Him To Pay ₹50K To Her
The Uttarakhand High Court recently ordered a man to pay ₹50K to his pay after finding that he obtained an ex-parte divorce decree by misleading her. The Court further ordered him to deposit ₹50K with the State Legal Services Authority within four weeks.Essentially, the Husband (while living with his wife and keeping her in dark), managed to get an 'ex-parte divorce decree' after...
Uttarakhand High Court Directs Police To Ensure Extradited Gangster's Safety Outside Jail
The Uttarakhand High Court recently directed the Uttarakhand Police to ensure protection of extradited gangster Prakash Chandra Pandey alias Bunty Pandey while taking him from Central Jail, Sitarganj to different courts on the dates of hearing."Keeping in view the facts of the case on reasonable apprehension of petitioner that his life may be at risk, the writ petition is allowed. A writ...
Ensure No Damage Is Caused To Laxmi Narayan Temple Complex, Stop Dumping Debris Near It: Uttarakhand High Court to Authorities
The Uttarakhand High Court recently directed the authorities to forthwith stop the dumping of construction debris and demolition waste near an ancient Lakshmi-Narayan temple in Chamoli district."Prima facie, it appears that the dumping of the muck could not only impact the temple complex but also have a bearing on the ecology of the surrounding area," said the division bench of Chief...
Amount Paid Under Protest Prior To SCN , Consider As Pre -Deposit Under SVLDR Scheme: Uttarakhand High Court
The Uttarakhand High Court has held that the amount paid under protest, towards interest, prior to the issuance of show cause shall be considered as pre-deposit while disposing of the application for a waiver under the 'Sabka Vikas (Legacy Dispute Resolution) Scheme, 2019' (SVLDR Scheme).The single bench of Justice Sanjaya Kumar Mishra has observed that the statute does not make any...