HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on T-series; Haldwani Violence; Service and Employment Laws; Cruelty on husband; and more
Take a quick glance at what the High Courts were discussing in this late Monsoon season.
Uttaranchal High Court
[Haldwani Violence] ‘Appeal lies u/s 21 of NIA Act before Division Bench’; Uttaranchal HC dismisses bail plea of Abdul Malik
Under Section 21 of NIA Act, appeals are filed against Special Court’s order and thus in view of the powers that are conferred on the Court of Session for exercising the jurisdiction of the Special Court, orders passed by the Court of Session under Section 22(3) shall also be appealable under Section 21.
‘Sluggish Investigation’; Uttaranchal HC grants default bail to accused persons in Haldwani Violence Case
The right to life and liberty is one of the integral part of the Constitution and it is the most sacred fundamental right and the custody of people in the name of various enactments and without adhering to the promptness of the investigation, cannot allow appellant to remain under incarceration.
Army Welfare Education Society not “State”; Service dispute between its educational institution & employees cannot be adjudicated in writ petition: Supreme Court
“Legitimate expectation, jurisprudentially, was a device created to maintain a check on arbitrariness in state action. It does not extend to and cannot govern the operation of contracts between private parties, wherein the doctrine of promissory estoppel holds the field.”
High Court does not function as a Court of Appeal or Revision while exercising jurisdiction u/s 482 of CrPC: Uttaranchal High Court
The Court opined that inherent jurisdiction under Section 482 of CrPC though wide should not be capriciously or arbitrarily exercised but should be exercised in appropriate cases to do real and substantial justice. Thus, quashing of charge sheet or setting aside summoning order on appreciation of evidence is not justified.
HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on West Bengal Post Poll Violence; Delhi Riots 2020; Delhi Excise Policy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Uttaranchal HC directs Labour Commissioner to inspect all brick kilns to ensure minimum wages are being paid to workers
The Court directed the Labour Commissioner to ensure that the provisions of all Labour Welfare Legislations are also being complied with in respect of Brick Kiln workers.
[POCSO] Uttaranchal HC commutes death sentence to 20 years’ rigorous imprisonment for man who committed rape on his stepsister
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
A quick legal roundup to cover important stories from all High Courts this week.
[Baba Tarsem Singh Murder Case] Uttaranchal HC dismisses Former IAS Officer Harbans Singh Chugh’s plea to quash FIR
FIR is not an encyclopedia which must disclose all facts and details relating to the offence reported and mere information is sufficient for investigation.
Uttaranchal High Court directs Chief Wildlife Warden to follow procedure provided u/s 11 of Wildlife Protection Act, 1972 before directing to hunt/kill any wild animal
“The decision of Chief Wildlife Warden to issue direction to hunt wild animal, has to be on a rational basis, foundationed on credible material, and not because of any pressure being exhorted by local politicians or people.”
Uttaranchal HC takes suo motu cognizance of illegal felling of trees in jungle areas of Kaladhungi to Bajpur; directs State to take action against erring officials
“No committee was ever constituted to determine as to who will be the actual traditional forest dwellers or a Scheduled Tribe, who can be protected by the rights conferred upon them by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”
Justice Sanjaya Kumar Mishra, 14th Chief Justice of Jharkhand High Court, retires
Justice Sanjaya Kumar Mishra was elevated as the Chief Justice of the Jharkhand High Court in February 2023 and had made it emphatically clear that his priority will be to impart justice to the poor and downtrodden while expediting old cases.
Ankita Bhandari Murder Case | Uttaranchal High Court rejects bail plea of main accused Pulkit Arya
“The Court passed the order during the hearing held on 20-12-2023.”
Supreme Court Collegium recommends the names of new Chief Justices for the High Courts of Meghalaya, Orissa and Uttaranchal
The Collegium recommended the names considering the judicial track record of the Judges vis-à-vis disposal of cases and their competency, character and integrity.
Justice Vipin Sanghi, 12th Chief Justice of Uttaranchal High Court, retires
Justice Vipin Sanghi, a third-generation lawyer, with a legal career spanning over 3 decades, retires on 26-10-2023 after an extensive tenure of 17 years as a Judge, which also includes his tenure as the 12th Chief Justice of Uttaranchal High Court.
‘Grave dearth of areas for people to go for a walk’; Uttaranchal HC directs authorities to reserve Nainital’s Lower Mall Road for pedestrians between 6 am to 8:30 am
“The direction shall be regularly, punctually, and strictly followed without fail and the District Magistrate, Nainital and Police Authorities shall ensure strict compliance.”
Sainik School denies admission to student for being medically unfit; Uttaranchal High Court dismisses petition seeking admission
“A candidate should be medically fit in the manner that he/she must be in a good physical and mental health, free from any disease/syndrome/disability likely to interfere with the efficient performance, etc., but there should also be no evidence of any congenital deformities.
Uttaranchal High Court takes suo motu cognizance of Virat Kohli’s video addressing issue of deprivation of rights of children to play outdoor sports in their localities
“The result of children being denied the right to play outdoor sports in their own localities and colonies is that they get reduced to display screen addicts. They spend time watching television; computer screens; tablets, and mobile phones. They do not actually play sporting games which involve physical activity but become good at playing virtual sports.”
Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court
“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”