Judiciary | Uttarakhand State PSC (UKPSC): Preparation - UKPSC (Uttarakhand) PDF Download

 Page 1


Judiciary
High Court of Uttarakhand
Established 9 November 2000
Location Nainital
Composition
method
Presidential with confirmation of Chief Justice of India
and Governor of Uttarakhand
Authorized by Constitution of India
Decisions are
appealed to
Supreme Court of India
No. of positions 11
Chief Justice (in August 2019)
Currently Justice Raghvendra Singh Chauhan
At the time of the creation of the State, the High Court of Uttarakhand was
also established on the same day at Nainital.The sanctioned judge strength at
the time of creation in 2000 was 7; this was increased to 9 in 2003. Ramesh
Rangnathan is the current Chief Justice of the Uttarakhand High Court. He
assumed office on 2 November 2018. At the time of the creation of the State,
the High Court of Uttarakhand was also established on the same day at
Nainital. Since that day the High Court is functioning in an old building
situated in Mallital Nainital which was known as old Secretariat. The
building of the High Court is a very magnificent and was constructed in 1900
A.D
Shifting High Court Elsewere
In 2019 Uttarkahand High Court started a debate for shifting of High
Court elsewhere from its present location at Nainital. The reason for it
include location of Naintal in a small valley thus inconvenience to local
population and tourists and lack of availability of space for High Court,
Page 2


Judiciary
High Court of Uttarakhand
Established 9 November 2000
Location Nainital
Composition
method
Presidential with confirmation of Chief Justice of India
and Governor of Uttarakhand
Authorized by Constitution of India
Decisions are
appealed to
Supreme Court of India
No. of positions 11
Chief Justice (in August 2019)
Currently Justice Raghvendra Singh Chauhan
At the time of the creation of the State, the High Court of Uttarakhand was
also established on the same day at Nainital.The sanctioned judge strength at
the time of creation in 2000 was 7; this was increased to 9 in 2003. Ramesh
Rangnathan is the current Chief Justice of the Uttarakhand High Court. He
assumed office on 2 November 2018. At the time of the creation of the State,
the High Court of Uttarakhand was also established on the same day at
Nainital. Since that day the High Court is functioning in an old building
situated in Mallital Nainital which was known as old Secretariat. The
building of the High Court is a very magnificent and was constructed in 1900
A.D
Shifting High Court Elsewere
In 2019 Uttarkahand High Court started a debate for shifting of High
Court elsewhere from its present location at Nainital. The reason for it
include location of Naintal in a small valley thus inconvenience to local
population and tourists and lack of availability of space for High Court,
and long distance of Nainital from parts of State specially Garhwal region.
 
In recent years the High Court has taken several initiatives to modernize itself
by the use of technology. This is to help litigants and other stakeholders
involved in justice delivery process. Initiatives include virtual hearings,
online display board, online court fee, e-library and e-gatepass, online case
status/orders and online display of cause list.
Concept of Mediation
Since long, mediation as a mode of dispute resolution is in practice in our
country. Section 89 of the Code of Civil Procedure as amended in the year
2002 has opened the scope for alternative dispute resolution i.e. arbitration,
conciliation, mediation and pre-trial settlement methodologies. Mediation is
one of the effective and now well known alternative dispute resolution
methods, which helps the litigants to resolve their disputes voluntarily and
amicably with the assistance of a third party known as ‘Mediator’. Through
mediation proceeding parties arrive at an equitable solution and are always in
win-win position. Mediation proceeding are informal process in which the
mediator, as a third party without the power to decide or usually without
enforcing a solution, helps the parties resolve a dispute or plan a transaction.
This proceeding is usually voluntary, confidential, transparent and time and
cost effective also. By this technique of dispute resolution, parties resolve
their disputes without any agony and they also save their valuable time and
expenses of litigation as well.
SUITABLE CASES FOR MEDIATION
Almost all civil cases of different nature where parties agree for mediation
proceedings are generally fit to be referred to the mediation. But certain cases
are particularly appropriate for referral to mediation and they are cases
pertaining to recovery of money, rent, partition, matrimonial, labour, specific
performance, damages, injunction, declaration, dispute between land-lord and
tenant, cheque bounce cases, motor accident claim etc. Suitable criminal
cases include offences covered under Section 320 Cr.P.C.
Establishment & Functioning of Mediation Centers in the State of
Page 3


Judiciary
High Court of Uttarakhand
Established 9 November 2000
Location Nainital
Composition
method
Presidential with confirmation of Chief Justice of India
and Governor of Uttarakhand
Authorized by Constitution of India
Decisions are
appealed to
Supreme Court of India
No. of positions 11
Chief Justice (in August 2019)
Currently Justice Raghvendra Singh Chauhan
At the time of the creation of the State, the High Court of Uttarakhand was
also established on the same day at Nainital.The sanctioned judge strength at
the time of creation in 2000 was 7; this was increased to 9 in 2003. Ramesh
Rangnathan is the current Chief Justice of the Uttarakhand High Court. He
assumed office on 2 November 2018. At the time of the creation of the State,
the High Court of Uttarakhand was also established on the same day at
Nainital. Since that day the High Court is functioning in an old building
situated in Mallital Nainital which was known as old Secretariat. The
building of the High Court is a very magnificent and was constructed in 1900
A.D
Shifting High Court Elsewere
In 2019 Uttarkahand High Court started a debate for shifting of High
Court elsewhere from its present location at Nainital. The reason for it
include location of Naintal in a small valley thus inconvenience to local
population and tourists and lack of availability of space for High Court,
and long distance of Nainital from parts of State specially Garhwal region.
 
In recent years the High Court has taken several initiatives to modernize itself
by the use of technology. This is to help litigants and other stakeholders
involved in justice delivery process. Initiatives include virtual hearings,
online display board, online court fee, e-library and e-gatepass, online case
status/orders and online display of cause list.
Concept of Mediation
Since long, mediation as a mode of dispute resolution is in practice in our
country. Section 89 of the Code of Civil Procedure as amended in the year
2002 has opened the scope for alternative dispute resolution i.e. arbitration,
conciliation, mediation and pre-trial settlement methodologies. Mediation is
one of the effective and now well known alternative dispute resolution
methods, which helps the litigants to resolve their disputes voluntarily and
amicably with the assistance of a third party known as ‘Mediator’. Through
mediation proceeding parties arrive at an equitable solution and are always in
win-win position. Mediation proceeding are informal process in which the
mediator, as a third party without the power to decide or usually without
enforcing a solution, helps the parties resolve a dispute or plan a transaction.
This proceeding is usually voluntary, confidential, transparent and time and
cost effective also. By this technique of dispute resolution, parties resolve
their disputes without any agony and they also save their valuable time and
expenses of litigation as well.
SUITABLE CASES FOR MEDIATION
Almost all civil cases of different nature where parties agree for mediation
proceedings are generally fit to be referred to the mediation. But certain cases
are particularly appropriate for referral to mediation and they are cases
pertaining to recovery of money, rent, partition, matrimonial, labour, specific
performance, damages, injunction, declaration, dispute between land-lord and
tenant, cheque bounce cases, motor accident claim etc. Suitable criminal
cases include offences covered under Section 320 Cr.P.C.
Establishment & Functioning of Mediation Centers in the State of
Uttarakhand- The concept of dispute resolution through alternative methods
is not new for our State. From past, people living in the hill and small State of
Uttarakhand used to settle their disputes themselves peacefully and amicably
with the aid of a third party. In view of the amendment to Civil Procedure
Code (Section 89 C.P.C.), this method of alternative dispute resolution was
institutionalized and become popular also.
Establishment of Mediation Centres the State got momentum with the
communication from the Chairman of Mediation & Conciliation Project
Committee (MCPC), Supreme Court of India in 2007. Later, in view of the
Hon’ble Supreme Court judgement in Salem Advocate Bar Association,
Tamil Nadu V/s Union of India, the following rules in this regard were
framed and notified in our State on 29.09.2007:-
a. The Civil Procedure Alternative Dispute Resolution Rules, 2007
b. The Civil Procedure Mediation Rules, 2007
Meanwhile, the National Legal Services Authority (NALSA), proposed to
established mediation centres in all the 21 High Courts and most of the
districts of the country and consequently it was also requested to the High
Court by the State Legal Services Authority (SLSA) to identify 8 to 10
districts of the State in which mediation centres can be set-up and made
functional. In response, the High Court of Uttarakhand accordingly identified
following 8 districts of Almora, Dehradun, Haridwar, Nainital, Pauri
Garhwal, Pithoragarh, Tehri Garhwal and Udham Singh Nagar for
establishing the mediation centres.
Apart from the aforesaid 08 identified districts, in other 05 districts, the
mediation centres, are working within the existing infrastructure. One
mediation centre is functional in the High Court at Nainital, which is, being
manned by a Judicial Officer of the Uttarakhand Higher Judicial Services,
who is a trained mediator and has dealt with many cases referred to the
mediation centre.
UTTARAKHAND STATE LEGAL SERVICE AUTHORITY
Article – 39A of the Constitution of India speaks for Equal Justice and Free
Legal Aid. It states that “The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or schemes or in any
Page 4


Judiciary
High Court of Uttarakhand
Established 9 November 2000
Location Nainital
Composition
method
Presidential with confirmation of Chief Justice of India
and Governor of Uttarakhand
Authorized by Constitution of India
Decisions are
appealed to
Supreme Court of India
No. of positions 11
Chief Justice (in August 2019)
Currently Justice Raghvendra Singh Chauhan
At the time of the creation of the State, the High Court of Uttarakhand was
also established on the same day at Nainital.The sanctioned judge strength at
the time of creation in 2000 was 7; this was increased to 9 in 2003. Ramesh
Rangnathan is the current Chief Justice of the Uttarakhand High Court. He
assumed office on 2 November 2018. At the time of the creation of the State,
the High Court of Uttarakhand was also established on the same day at
Nainital. Since that day the High Court is functioning in an old building
situated in Mallital Nainital which was known as old Secretariat. The
building of the High Court is a very magnificent and was constructed in 1900
A.D
Shifting High Court Elsewere
In 2019 Uttarkahand High Court started a debate for shifting of High
Court elsewhere from its present location at Nainital. The reason for it
include location of Naintal in a small valley thus inconvenience to local
population and tourists and lack of availability of space for High Court,
and long distance of Nainital from parts of State specially Garhwal region.
 
In recent years the High Court has taken several initiatives to modernize itself
by the use of technology. This is to help litigants and other stakeholders
involved in justice delivery process. Initiatives include virtual hearings,
online display board, online court fee, e-library and e-gatepass, online case
status/orders and online display of cause list.
Concept of Mediation
Since long, mediation as a mode of dispute resolution is in practice in our
country. Section 89 of the Code of Civil Procedure as amended in the year
2002 has opened the scope for alternative dispute resolution i.e. arbitration,
conciliation, mediation and pre-trial settlement methodologies. Mediation is
one of the effective and now well known alternative dispute resolution
methods, which helps the litigants to resolve their disputes voluntarily and
amicably with the assistance of a third party known as ‘Mediator’. Through
mediation proceeding parties arrive at an equitable solution and are always in
win-win position. Mediation proceeding are informal process in which the
mediator, as a third party without the power to decide or usually without
enforcing a solution, helps the parties resolve a dispute or plan a transaction.
This proceeding is usually voluntary, confidential, transparent and time and
cost effective also. By this technique of dispute resolution, parties resolve
their disputes without any agony and they also save their valuable time and
expenses of litigation as well.
SUITABLE CASES FOR MEDIATION
Almost all civil cases of different nature where parties agree for mediation
proceedings are generally fit to be referred to the mediation. But certain cases
are particularly appropriate for referral to mediation and they are cases
pertaining to recovery of money, rent, partition, matrimonial, labour, specific
performance, damages, injunction, declaration, dispute between land-lord and
tenant, cheque bounce cases, motor accident claim etc. Suitable criminal
cases include offences covered under Section 320 Cr.P.C.
Establishment & Functioning of Mediation Centers in the State of
Uttarakhand- The concept of dispute resolution through alternative methods
is not new for our State. From past, people living in the hill and small State of
Uttarakhand used to settle their disputes themselves peacefully and amicably
with the aid of a third party. In view of the amendment to Civil Procedure
Code (Section 89 C.P.C.), this method of alternative dispute resolution was
institutionalized and become popular also.
Establishment of Mediation Centres the State got momentum with the
communication from the Chairman of Mediation & Conciliation Project
Committee (MCPC), Supreme Court of India in 2007. Later, in view of the
Hon’ble Supreme Court judgement in Salem Advocate Bar Association,
Tamil Nadu V/s Union of India, the following rules in this regard were
framed and notified in our State on 29.09.2007:-
a. The Civil Procedure Alternative Dispute Resolution Rules, 2007
b. The Civil Procedure Mediation Rules, 2007
Meanwhile, the National Legal Services Authority (NALSA), proposed to
established mediation centres in all the 21 High Courts and most of the
districts of the country and consequently it was also requested to the High
Court by the State Legal Services Authority (SLSA) to identify 8 to 10
districts of the State in which mediation centres can be set-up and made
functional. In response, the High Court of Uttarakhand accordingly identified
following 8 districts of Almora, Dehradun, Haridwar, Nainital, Pauri
Garhwal, Pithoragarh, Tehri Garhwal and Udham Singh Nagar for
establishing the mediation centres.
Apart from the aforesaid 08 identified districts, in other 05 districts, the
mediation centres, are working within the existing infrastructure. One
mediation centre is functional in the High Court at Nainital, which is, being
manned by a Judicial Officer of the Uttarakhand Higher Judicial Services,
who is a trained mediator and has dealt with many cases referred to the
mediation centre.
UTTARAKHAND STATE LEGAL SERVICE AUTHORITY
Article – 39A of the Constitution of India speaks for Equal Justice and Free
Legal Aid. It states that “The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or schemes or in any
other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.”
To fulfill this mandate of Article 39-A of the Constitution and establishing
a nation-wide network for providing free and comprehensive legal services to
the weaker sections of the society and also to secure and promote the
philosophy of justice to all, the Legal Services Authorities Act was enacted in
the year 1987. To make policy and implement the motto of “Access to Justice
for All”, the National Legal Services Authority, Supreme Court Legal
Services Committee, State Legal Services Authority, High Court Legal
Services Committee, District Legal Services Authority and Tehsil Legal
Services Committee have been established.
The Uttarakhand State Legal Services Authority was constituted on March
20, 2002 under Section 6 of the Legal Services Authorities Act, 1987. The
establishment of the Uttarakhand State Legal Services Authority is
temporarily being run from the High Court premises, Nainital. Hon’ble the
Chief Justice of the Uttarakhand High Court is the Patron-in-Chief, while
Hon’ble Senior Judge, of the Uttarakhand High Court is the Executive
Chairman of the State Authority. A person belonging to the Uttarakhand
Higher Judicial Service, not lower in rank than that of a District Judge,
functions as the Member Secretary of the State Authority, to exercise such
powers and perform such duties, as may be prescribed by the Government or
as may be assigned to him by the Executive Chairman of the Authority.
STATUTORY FUNCTIONS OF THIS AUTHORITY
a. To provide free legal aid & service of free Advocates to the eligible
masses.
b. To organise Lok Adalats for providing the efficacious, inexpensive and
expeditious justice to all.
c. To give a fertile focus to the policies of Central Authority (NALSA) under
the joint auspices of High Court Legal Services Committee, District Legal
Services Authorities & Tehsil Legal Services Committees.
d. To augment the wide legal awareness amongst the flouted public at large
through Legal Literacy & legal aid camps and make them aware about their
rights and duties.
e. To ensure that motto “Access to Justice for All” is made accessible to the
poor and oblivious masses.
Page 5


Judiciary
High Court of Uttarakhand
Established 9 November 2000
Location Nainital
Composition
method
Presidential with confirmation of Chief Justice of India
and Governor of Uttarakhand
Authorized by Constitution of India
Decisions are
appealed to
Supreme Court of India
No. of positions 11
Chief Justice (in August 2019)
Currently Justice Raghvendra Singh Chauhan
At the time of the creation of the State, the High Court of Uttarakhand was
also established on the same day at Nainital.The sanctioned judge strength at
the time of creation in 2000 was 7; this was increased to 9 in 2003. Ramesh
Rangnathan is the current Chief Justice of the Uttarakhand High Court. He
assumed office on 2 November 2018. At the time of the creation of the State,
the High Court of Uttarakhand was also established on the same day at
Nainital. Since that day the High Court is functioning in an old building
situated in Mallital Nainital which was known as old Secretariat. The
building of the High Court is a very magnificent and was constructed in 1900
A.D
Shifting High Court Elsewere
In 2019 Uttarkahand High Court started a debate for shifting of High
Court elsewhere from its present location at Nainital. The reason for it
include location of Naintal in a small valley thus inconvenience to local
population and tourists and lack of availability of space for High Court,
and long distance of Nainital from parts of State specially Garhwal region.
 
In recent years the High Court has taken several initiatives to modernize itself
by the use of technology. This is to help litigants and other stakeholders
involved in justice delivery process. Initiatives include virtual hearings,
online display board, online court fee, e-library and e-gatepass, online case
status/orders and online display of cause list.
Concept of Mediation
Since long, mediation as a mode of dispute resolution is in practice in our
country. Section 89 of the Code of Civil Procedure as amended in the year
2002 has opened the scope for alternative dispute resolution i.e. arbitration,
conciliation, mediation and pre-trial settlement methodologies. Mediation is
one of the effective and now well known alternative dispute resolution
methods, which helps the litigants to resolve their disputes voluntarily and
amicably with the assistance of a third party known as ‘Mediator’. Through
mediation proceeding parties arrive at an equitable solution and are always in
win-win position. Mediation proceeding are informal process in which the
mediator, as a third party without the power to decide or usually without
enforcing a solution, helps the parties resolve a dispute or plan a transaction.
This proceeding is usually voluntary, confidential, transparent and time and
cost effective also. By this technique of dispute resolution, parties resolve
their disputes without any agony and they also save their valuable time and
expenses of litigation as well.
SUITABLE CASES FOR MEDIATION
Almost all civil cases of different nature where parties agree for mediation
proceedings are generally fit to be referred to the mediation. But certain cases
are particularly appropriate for referral to mediation and they are cases
pertaining to recovery of money, rent, partition, matrimonial, labour, specific
performance, damages, injunction, declaration, dispute between land-lord and
tenant, cheque bounce cases, motor accident claim etc. Suitable criminal
cases include offences covered under Section 320 Cr.P.C.
Establishment & Functioning of Mediation Centers in the State of
Uttarakhand- The concept of dispute resolution through alternative methods
is not new for our State. From past, people living in the hill and small State of
Uttarakhand used to settle their disputes themselves peacefully and amicably
with the aid of a third party. In view of the amendment to Civil Procedure
Code (Section 89 C.P.C.), this method of alternative dispute resolution was
institutionalized and become popular also.
Establishment of Mediation Centres the State got momentum with the
communication from the Chairman of Mediation & Conciliation Project
Committee (MCPC), Supreme Court of India in 2007. Later, in view of the
Hon’ble Supreme Court judgement in Salem Advocate Bar Association,
Tamil Nadu V/s Union of India, the following rules in this regard were
framed and notified in our State on 29.09.2007:-
a. The Civil Procedure Alternative Dispute Resolution Rules, 2007
b. The Civil Procedure Mediation Rules, 2007
Meanwhile, the National Legal Services Authority (NALSA), proposed to
established mediation centres in all the 21 High Courts and most of the
districts of the country and consequently it was also requested to the High
Court by the State Legal Services Authority (SLSA) to identify 8 to 10
districts of the State in which mediation centres can be set-up and made
functional. In response, the High Court of Uttarakhand accordingly identified
following 8 districts of Almora, Dehradun, Haridwar, Nainital, Pauri
Garhwal, Pithoragarh, Tehri Garhwal and Udham Singh Nagar for
establishing the mediation centres.
Apart from the aforesaid 08 identified districts, in other 05 districts, the
mediation centres, are working within the existing infrastructure. One
mediation centre is functional in the High Court at Nainital, which is, being
manned by a Judicial Officer of the Uttarakhand Higher Judicial Services,
who is a trained mediator and has dealt with many cases referred to the
mediation centre.
UTTARAKHAND STATE LEGAL SERVICE AUTHORITY
Article – 39A of the Constitution of India speaks for Equal Justice and Free
Legal Aid. It states that “The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or schemes or in any
other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.”
To fulfill this mandate of Article 39-A of the Constitution and establishing
a nation-wide network for providing free and comprehensive legal services to
the weaker sections of the society and also to secure and promote the
philosophy of justice to all, the Legal Services Authorities Act was enacted in
the year 1987. To make policy and implement the motto of “Access to Justice
for All”, the National Legal Services Authority, Supreme Court Legal
Services Committee, State Legal Services Authority, High Court Legal
Services Committee, District Legal Services Authority and Tehsil Legal
Services Committee have been established.
The Uttarakhand State Legal Services Authority was constituted on March
20, 2002 under Section 6 of the Legal Services Authorities Act, 1987. The
establishment of the Uttarakhand State Legal Services Authority is
temporarily being run from the High Court premises, Nainital. Hon’ble the
Chief Justice of the Uttarakhand High Court is the Patron-in-Chief, while
Hon’ble Senior Judge, of the Uttarakhand High Court is the Executive
Chairman of the State Authority. A person belonging to the Uttarakhand
Higher Judicial Service, not lower in rank than that of a District Judge,
functions as the Member Secretary of the State Authority, to exercise such
powers and perform such duties, as may be prescribed by the Government or
as may be assigned to him by the Executive Chairman of the Authority.
STATUTORY FUNCTIONS OF THIS AUTHORITY
a. To provide free legal aid & service of free Advocates to the eligible
masses.
b. To organise Lok Adalats for providing the efficacious, inexpensive and
expeditious justice to all.
c. To give a fertile focus to the policies of Central Authority (NALSA) under
the joint auspices of High Court Legal Services Committee, District Legal
Services Authorities & Tehsil Legal Services Committees.
d. To augment the wide legal awareness amongst the flouted public at large
through Legal Literacy & legal aid camps and make them aware about their
rights and duties.
e. To ensure that motto “Access to Justice for All” is made accessible to the
poor and oblivious masses.
f. To organize Symposiums, Seminars, Conferences in order to settle disputes
as well as to make the people aware about legal system.
MEMBERS
1. The State Authority shall, including its Patron-In-Chief and the Executive
Chairman, have not more than twenty one Members.
2. The following shall be ex-officio members of the State Authority, namely:-
i. Chairman, High Court Legal Services Committee;
ii. Advocate General of Uttarakhand;
iii. Registrar General, Uttarakhand High Court;
iv. Principal Secretary in the Department of Finance
v. Principal Secretary in the Department of Law;
vi. Principal Secretary in the Department of Revenue;
vii. Chairperson, Uttarakhand State Women Commission;
viii. Chairman, Uttarakhand State Bar Council;
ix. Chairman, Scheduled Tribes & Scheduled Castes Commission,
Uttarakhand;
x. Director General of Police of the State;
xi. Secretary/Director, Social Welfare Department Uttarakhand;
xii. Two Chairman of the District Authority, as may be nominated by the
State Government, in consultation with the Chief Justice of the High
Court.
xiii. Director General, Medical, Health and Family Welfare, Uttarakhand;
3. The State Government may nominate, in consultation with the Chief
Justice of the High Court, five other members, who is an eminent social
worker who is engaged in the upliftment of the weaker sections of the
Society, including Scheduled Castes, Scheduled Tribes, Women, Children,
Rural and Urban Labour; or an eminent person in the field of law or
education; or a person of repute who is specially interested in the
implementation of the Legal Services Schemes.
CRITERIA FOR AVAILING FREE LEGAL SERVICES
Every person who has to file or defend a case shall be entitled to free legal
services from State Legal Services Authority, High Court Legal Services
Committee, District Legal Services Authority or Tehsil Legal Services
Committee as the case may be, under the Section-12 of the Legal Services
Authorities Act, 1987 & Section-16 of the Uttaranchal State Legal Services