Does Section 15(2) of the Commercial Courts Act Mandate Transfer of Pending Commercial Suits to a Constituted Commercial Court?

High Court upholds mandatory transfer of pending commercial disputes under Section 15(2) of the Commercial Courts Act, 2015, as binding

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August 27, 2025 | High Court of Uttarakhand

Can District Magistrates under Section 16(1) of the Indian Telegraph Act Grant Permission to Lay Transmission Lines Without Affording Landowners a Hearing?

Court Clarifies That Section 16(1) Does Not Preclude a Hearing and Reaffirms Limited Scope of Writ Review in Technical Alignment

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August 26, 2025 | High Court of Uttarakhand

Does the High Court’s Grant of Anticipatory Bail under the BNS 2023 Reaffirm the Primacy of Personal Liberty Subject to Reasonable Conditions?

The Uttarakhand High Court answers in the affirmative, upholding established anticipatory‐bail precedents under Article 21 for offences under the Bharatiya

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August 26, 2025 | High Court of Uttarakhand

Are Pure Civil Disputes Concerning Competing Sale Deeds Maintainable by Writ Petition?

  Summary Category Data Case Name WPMS/2509/2025 of GAUTAM KUMAR Vs STATE OF UTTARAKHAND CNR UKHC010130652025 Date of Registration 21-08-2025

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August 26, 2025 | High Court of Uttarakhand

Does bail remain the norm under Article 21 in Section 420/120B IPC cases?

High Court of Uttarakhand reaffirms established bail jurisprudence, allowing release once a charge-sheet is filed and tampering risk is minimal

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August 26, 2025 | High Court of Uttarakhand

Can an accused be granted bail as a rule—rather than kept in jail as an exception—when co-accused have secured bail, a charge-sheet is filed, and there is no risk of tampering or absconding?

The High Court reaffirms that “bail is the rule and jail is the exception” under Article 21; upholding established precedent,

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August 26, 2025 | High Court of Uttarakhand

Can Bail Be Granted Under the NDPS Act When Only a Co-Accused’s Statement Exists?

High Court Upholds Existing Bail Principles, Granting Relief When No Independent Evidence Supports the Accusation   Summary Category Data Case

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August 26, 2025 | High Court of Uttarakhand

Can High Courts Defer Judicial Intervention and Direct Administrative Representation in Cases of Apprehended Demolition of Property?

High Court Upholds Judicial Restraint under Article 226 by Directing Time-Bound Administrative Remedy for Potential Property Damage; Affirms Existing Precedent,

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August 26, 2025 | High Court of Uttarakhand

Does proviso (ii) of Rule 271 and proviso (4) of Rule 272 of the Uttarakhand Cooperative Societies Rules, 2004 apply to members reappointed post-superannuation for pension and gratuity revision?

The High Court reaffirmed that the plain language of these provisos covers all members retiring from the Cooperative Tribunal—including those

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August 26, 2025 | High Court of Uttarakhand

Can a public servant with serious medical conditions be shielded from a mandatory transfer under the Uttarakhand Annual Transfer for Public Servants Act, 2017?

High Court upholds statutory transfer norms over medical hardship claims, permitting only statutory representation—binding on subordinate courts   Summary Category

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August 26, 2025 | High Court of Uttarakhand

Should courts grant anticipatory bail under Section 438 CrPC post–charge-sheet when no custodial interrogation is required and risk of tampering or absconding is minimal?

Can anticipatory bail be allowed even after charge-sheet filing when personal liberty under Article 21 outweighs the need for further

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August 26, 2025 | High Court of Uttarakhand

Can a Writ Petition for Seniority Fixation and Promotion Relief Survive Post-Retirement?

The High Court reaffirms that petitions seeking seniority adjustment and related arrears become infructuous once service has ceased, upholding existing

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August 26, 2025 | High Court of Uttarakhand