All posts tagged: uttarakhand high court

SC orders Uttarakhand govt to grant land for new HC building

SC orders Uttarakhand govt to grant land for new HC building

Published by Parlour News

The Supreme Court on Wednesday fast-tracked the process for shifting of the Uttarakhand high court building to a new location in Nainital district by directing the state government to transfer the land earmarked for the new building within six weeks. The Uttarakhand high court is currently situated in a heritage building in Mallital built in 1900 which cannot be renovated. (HT FILE) The order came in a petition filed by the High Court Bar Association challenging a May 8, 2024 order passed by the high court that ordered a referendum among lawyers for shifting of the building from the present location at Mallital to Haldwani within the same district. A bench headed by Chief Justice of India (CJI) Surya Kant set aside the May 2024 order and said, “The high court had no business to pass such an order on the judicial side. Such issues are to be dealt with on the administrative side.” The HC judgment was stayed by the top court on May 24, 2024 but since the process for earmarking the land …

Real estate boom pushes hills to the edge in Mussoorie| India News

Real estate boom pushes hills to the edge in Mussoorie| India News

Published by Parlour News

The Uttarakhand high court on Wednesday directed the state government to respond to an application flagging a serious threat to the fragile ecology of the foothills between Dehradun and Mussoorie due to unchecked illegal construction. The petition alleged rampant building activity in violation of regulations and flagged that despite building bylaws being amended in 2015 to regulate construction in fragile hill belts, its implementation was “virtually non-existent”. Heavy traffic from Dehradun chokes Library Chowk; and a multi-storey under construction structure blocks a part of Mall Road in Mussoorie. (AMIT BATHLA/HT) This isn’t the first time the court has intervened to regulate a problem that is now endangering the very survival of the Queen of the Hills. Three weeks ago, the high court halted the felling of trees in Mussoorie’s Hussain Gunj forest till valid permission was obtained from the competent authority. It was hearing a public interest litigation (PIL) alleging illegal cutting of trees during road widening work by the Mussoorie Nagar Palika Parishad in a notified forest zone. Many old oak trees were felled …

Supreme Court intervention clears Uttarakhand man’s negative CIBIL score| India News

Supreme Court intervention clears Uttarakhand man’s negative CIBIL score| India News

Published by Parlour News

New Delhi: The Supreme Court has stepped in to resolve the grievance of a man whose credit score remained “negative” for years despite having no outstanding loan or default, prompting banks and Credit Information Bureau (India) Limited CIBIL to finally correct their records. Rajendra Singh Panwar’s battle began with a writ petition filed five years ago before the Uttarakhand High Court, where he sought directions to correct his credit records and redress the anomalies that had crept into his CIBIL profile. (Representative) This telling instance of how erroneous credit records can choke access to finance came up before a bench of justices JB Pardiwala and KV Viswanathan. The case arose from a petition filed by Rajendra Singh Panwar, a businessman and resident of Uttarakhand, who complained that an adverse CIBIL score had effectively locked him out of the financial system since 2020, even though he had no outstanding dues. Panwar’s plea, argued through senior counsel PS Patwalia, complained that despite not having “any loan and no default,” his credit profile continued to reflect a negative …

Uttarakhand HC declines relief to ‘Mohd’ Deepak, imposes social media bar| India News

Uttarakhand HC declines relief to ‘Mohd’ Deepak, imposes social media bar| India News

Published by Parlour News

The Uttarakhand high court on Friday declined to grant relief to Kotdwar-based gym owner Deepak Kumar, better known as “Mohammed” Deepak, and ordered him not to make any posts on social media on the matter and cooperate with the police in the investigation. Kotdwar gym owner Deepak Kumar alias Mohammad Deepak, in New Delhi on February 23 (PTI) Kumar, who defended a Muslim shopkeeper from harassment by Bajranj Dal workers on January 26, had asked the high court to quash a first information report (FIR) filed against him on January 31, and sought FIRs against right-wing leaders who issued threats against him. Kumar also sought police protection for his family and an inquiry against police personnel for their partisan conduct. Justice Rakesh Thapliyal, who heard the petition filed by Kumar and his associate, Vijay Rawat, observed that the petitioners “accused” in the FIR registered at Kotdwar police station in Pauri Garhwal district, and could not simultaneously seek police protection when they were being investigated. The court also emphasised that Kumar should allow the police to do …

HC refuses to quash FIR on ‘Mohammad Deepak’ who confronted Bajrang Dal mob, tells him to stop social media ‘sermons’| India News

HC refuses to quash FIR on ‘Mohammad Deepak’ who confronted Bajrang Dal mob, tells him to stop social media ‘sermons’| India News

Published by Parlour News

Gym owner Deepak Kumar, who called himself “Mohammad Deepak” in solidarity with a Muslim shopkeeper against a Hindutva mob in Uttarakhand’s Kotdwar in January, has been directed by the state’s high court not to make social media comments on cases that stemmed from that incident. Deepak Kumar with the Muslim businessman he stood up for on January 26. (Photo: X/John Brittas) He is an accused in one of the cases, and he had approached the HC to seek quashing of that FIR. But the Uttarakhand High Court on Friday refused to do that. “The petitioners are directed to cooperate with the investigation and not to indulge unnecessarily on social media platforms so that investigation is not affected…. Being citizen of India, he has to cooperate with investigation by hoping and trust that investigation will be conducted in fair and transparent manner,” Justice Rakesh Thapliyal’s bench ruled, as per Bar and Bench. The court had on Thursday too questioned how Deepak Kumar could seek protection from the police when he stood accused in a criminal case. …

High Court quashes criminal proceedings in POCSO case against man who married victim

High Court quashes criminal proceedings in POCSO case against man who married victim

Published by Parlour News

Nainital, Observing that a “humane and practical approach” may be adopted in exceptional circumstances, the Uttarakhand High Court has quashed criminal proceedings in a POCSO-related case after it was submitted that the victim and the accused were in a consensual relationship, had solemnised a valid marriage and that the woman was now pregnant. High Court quashes criminal proceedings in POCSO case against man who married victim In the application filed before the court, the accused sought quashing of the charge sheet dated December 30, 2022, the summoning order issued in January 2023 and all consequential proceedings. The case was pending before the Special Judge court in Udham Singh Nagar. Both parties appeared before the High Court virtually. The applicant submitted that at the time of registration of the FIR, the victim was over 17 years of age and that the relationship was consensual. It was further stated that both parties subsequently married of their own free will and are presently living together as husband and wife. The court was also informed that the woman is …

Uttarakhand HC on allowing to continue ritual| India News

Uttarakhand HC on allowing to continue ritual| India News

Published by Parlour News

Nainital, In the ongoing dispute regarding the future of the Ganga aarti held at the Triveni Ghat in Rishikesh, the Uttarakhand High Court permitted the Shri Ganga Sabha to continue performing the ritual, subject to certain conditions. Ganga aarti a cultural, civilisational heritage: Uttarakhand HC on allowing to continue ritual The vacation bench of Justice Ashish Nainthani delivered this decision on Friday, keeping public interest and religious sentiments in mind. The case arose after the Rishikesh Municipal Corporation passed a proposal and issued an order to stop the Shri Ganga Sabha from conducting the aarti. It was argued on behalf of the corporation that the organisation’s registration had expired, and therefore it had no legal right to conduct the aarti. Additionally, allegations of commercial exploitation and littering were made against the Shri Ganga Sabha. In response, the sabha filed a petition before the high court challenging the corporation’s order. The high court, emphasising the cultural significance of the aarti, observed that it is not merely a religious ritual but an ancient cultural and civilisational heritage …

U’khand HC circular| India News

U’khand HC circular| India News

Published by Parlour News

Dehradun, The Uttarakhand High Court has ordered that the state can now issue a summons in a cheque bounce case via email and WhatsApp. Summons through WhatsApp, email allowed in cheque bounce complaints: U’khand HC circular According to a circular issued by Registrar General Yogesh Kumar Gupta, the court has directed that in cheque bounce cases, summons will no longer be sent only through traditional modes. Under the Uttarakhand Electronic Process Rules, 2025, summons can now also be served through email, mobile phones, and messaging applications such as WhatsApp. At the time of filing the complaint, the complainant will be required to provide the accused individual’s email and WhatsApp details, along with a mandatory affidavit certifying the authenticity of the information. A synopsis in a prescribed format must be attached to every complaint, which will be entered into the computer system by the court staff. Before issuing a summons to the accused, no additional procedure under Section 223 of the BNNS will be required. A new draft template has been added to the software, which …

Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial

Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial

Published by Parlour News

Nainital, The Uttarakhand High Court has set aside the conviction and criminal proceedings against four Chinese nationals and ordered a fresh trial on the grounds that they were not provided an interpreter during the framing of charges. Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial A single bench of Justice Ashish Naithani held that a fundamental error occurred during the trial, rendering the entire proceedings invalid. The court noted that the accused did not understand Hindi or English, yet charges were framed without the assistance of an interpreter a violation of their right to a fair trial. It said that when an accused is unfamiliar with court language, it is necessary to provide an interpreter to explain the charges. The four Chinese nationals were apprehended during a border check in the Banbasa area of ​​Champawat district in 2019. Authorities alleged that they were found without passports and visas, and the documents recovered from them were forged. They were charged under sections 419 and 420 , 467 and 468 , 471 , and …

Uttarakhand HC quashes conviction of 4 Chinese nationals, orders fresh trial

U’khand HC quashes lower court’s order, says fining cop without hearing against natural justice

Published by Parlour News

Nainital, The Uttarakhand High Court has quashed a lower court order that had directed ₹500 be deducted from the salary of an investigating officer in a 2013 case. U’khand HC quashes lower court’s order, says fining cop without hearing against natural justice Justice Alok Mahara stated that no penalty, including a pay cut, can be imposed on a government employee without being allowed to be heard. The case was filed by Police Sub-Inspector Sarita Shah, challenging an order passed by the District and Sessions Judge of Tehri Garhwal in November 2013. In August 2013, Prabha Raturi, a member of the District Child Welfare Committee of Tehri Garhwal, filed a complaint, accusing a man from a village in the district of allegedly raping his daughter. Sarita Shah investigated the case and filed a charge sheet against two accused under sections 376 and 506 of the Indian Penal Code. However, the lower court acquitted both accused. The sessions judge, while acquitting the two, stated that Shah had framed one of them under false charge and wrongfully incarcerated …