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Uttarakhand High Court | ‘Maktabs’ Illegally Using Name ‘Madarsa’ Must File Affidavit Desisting From Practice | Premises to Be De-Sealed, Right to Run Maktab Protected

Uttarakhand High Court | ‘Maktabs’ Illegally Using Name ‘Madarsa’ Must File Affidavit Desisting From Practice | Premises to Be De-Sealed, Right to Run Maktab Protected

Safiya Malik   The High Court of Uttarakhand Single Bench of Justice Manoj Kumar Tiwari held that premises sealed by state authorities shall be de-sealed subject to an undertaking that institutions will neither run as Madarsa nor use the expression ‘Madarsa’ in their names until due registration with the Uttarakhand Madarsa Education Board. The Court directed that petitioners would be permitted to run Maktabs from the p...

Uttarakhand High Court Strikes Down Executive Cap On Ex-Servicemen Quota | Says Govt Can’t Limit Number Of Times Reservation Benefit Is Availed

Uttarakhand High Court Strikes Down Executive Cap On Ex-Servicemen Quota | Says Govt Can’t Limit Number Of Times Reservation Benefit Is Availed

Safiya Malik   The High Court of Uttarakhand Division Bench of Justice Manoj Kumar Tiwari and Justice Subhash Upadhyay held that Clause 8 of the Government Order dated 22.05.2020, issued by the Additional Chief Secretary, Government of Uttarakhand, was liable to be set aside. The court directed that the clause, which restricted the benefit of ex-servicemen status to only one instance of re-employment in State services, was inconsis...

Uttarakhand High Court Backs Employer’s Right To Set Qualifications | Dismisses Plea Against Inclusion Of Geology Degree For Mines Officer Role

Uttarakhand High Court Backs Employer’s Right To Set Qualifications | Dismisses Plea Against Inclusion Of Geology Degree For Mines Officer Role

Safiya Malik   The High Court of Uttarakhand Division Bench of Justice Manoj Kumar Tiwari and Justice Subhash Upadhyay has dismissed a writ petition challenging the amendment of recruitment rules which permitted candidates holding a Master’s degree in Geology to be eligible for appointment as Mines Officer. The Court held that the prescription of educational qualifications is within the exclusive domain of the employer, and j...

Conviction Based On Hearsay And Photocopies Set Aside | Uttarakhand High Court Acquits Accused In Dowry Case Under Sections 3 And 4 Of Dowry Prohibition Act

Conviction Based On Hearsay And Photocopies Set Aside | Uttarakhand High Court Acquits Accused In Dowry Case Under Sections 3 And 4 Of Dowry Prohibition Act

Isabella Mariam   The High Court of Uttarakhand Single Bench of Justice Pankaj Purohit allowed a criminal appeal and set aside the conviction of two appellants who had been sentenced under Sections 3 and 4 of the Dowry Prohibition Act. The court held that the trial court erred in convicting the accused based on hearsay evidence and unauthenticated photocopies of letters allegedly written by the deceased. It directed that the convic...

Uttarakhand HC Quashes Summoning Order Against Patanjali | Cognizance Held Illegal For Want Of Evidence, Jurisdiction And Procedural Compliance Under Drugs Act

Uttarakhand HC Quashes Summoning Order Against Patanjali | Cognizance Held Illegal For Want Of Evidence, Jurisdiction And Procedural Compliance Under Drugs Act

Safiya Malik   The High Court of Uttarakhand Single Bench of Justice Vivek Bharti Sharma held that the order taking cognizance and summoning the petitioners in a criminal case under the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 was unsustainable in law. The Court quashed the summoning order dated 16.04.2024 and all related proceedings in Criminal Complaint Case No. 3892 of 2024. The Court found that the tr...

Uttarakhand High Court Rejects Plea To Quash Rape Case Based On Compromise | 'Grave Offences That Shock Conscience Of Society Cannot Be Settled Privately'; Directs Trial To Proceed On Merits

Uttarakhand High Court Rejects Plea To Quash Rape Case Based On Compromise | 'Grave Offences That Shock Conscience Of Society Cannot Be Settled Privately'; Directs Trial To Proceed On Merits

Sanchayita Lahkar   The High Court of Uttarakhand Single Bench of Justice Vivek Bharti Sharma has declined to quash the criminal proceedings against an accused facing charges under Sections 328, 376, 506 of IPC and Sections 3(1) and 5(1) of the Uttarakhand Freedom of Religion Act, 2018. The Court held that the allegations made by the prosecutrix are serious and of a nature that cannot be brushed aside on the basis of a compromise....

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