Gauhati High Court
Gauhati HC Directs Repatriation Of Nigerian Citizen Illegally Detained For 1457 Days Despite Serving His Sentence
The Gauhati High Court has asked the Assam and Central governments to take appropriate action to repatriate a Nigerian citizen, who has been in illegal detention for 1457 days after serving his sentence, failing which the court said that it will be compelled to release the individual. A division bench comprising Justice Kalyan Rai Surana and Justice Malasri Nandi was hearing a petition filed...
Gauhati HC Stays Nagaland Govt's Enumeration Exercise For Four Tribes To Determine Eligibility For Indigenous Inhabitant Certificate
The Gauhati High Court in an interim order stayed for three weeks enumeration exercise to be conducted by the Nagaland Government with regard to the people from Garo, Kuki, Kachari and Mikir (Karbi) tribes settled in the State.Justice Yarenjungla Longkumer was hearing a writ petition filed by the Kuku Inpi, Nagaland, the Nagaland Garo Tribal Council, the Kachari Tribal Council Nagaland, and...
Gauhati HC Issues Notice To Centre, Arunachal Pradesh Govt On Plea Claiming Denial Of Scheduled Tribe Benefits To Yobin Community
The Gauhati High Court (Itanagar bench) on Monday (May 5) issued notice to Central and Arunachal Pradesh Governments on a PIL claiming that people belonging to the state's YOBIN tribe community are not getting the benefits that are provided to the other Scheduled Tribe Communities. It was contended by the petitioner that YOBIN Tribe of Arunachal Pradesh have their own culture,...
Gauhati High Court Issues Practice Directions To Ensure Disclosure Of Material Details In Claim Petitions Filed Under Motor Vehicles Act
Pursuant to directions dated passed by Supreme Court last month in a suo-motu case, the Gauhati High Court on May 2 issued "practice directions" to ensure "disclosure of material details" while filing claim applications under Motor Vehicles Act in respect of all Motor Accident Claims Tribunals (MACTs)/Courts taking up such claims. For context, the Supreme Court had passed a set of directions...
Bail Pleas Arising Out Of Same FIR To Be Listed Before One Judge For Disposal: Gauhati High Court Issues Notification
In supersession of all earlier directions, the Gauhati High Court issued a notification on May 3 concerning listing of bail matters which is to come into effect immediately.The notification issued by the Registrar General states:If Bail applications are assigned to different single Judge(s)/Bench(es), in that event, all the applications arising out of same FIR will be placed before one Judge...
S.10(26) IT Act | Gauhati HC Upholds Refund Of Income Tax Deducted From Scheduled Tribe Officer's Salary, Says He Was Entitled To Exemption
The Gauhati High Court has upheld a single-bench decision asking the Central government to refund the income tax deducted from the salary of a BSF Assistant Commandant belonging to the Scheduled Tribe community.A division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair passed the direction in view of Section 10(26) of the Income Tax Act, 1961, which prescribes tax...
Gauhati High Court Closes PIL Against Allegedly Illegal Land Possession Certificates For Reserve Forest, Says Govt Enquiry Found No Illegality
The Gauhati High Court at Itanagar on Monday (April 28) disposed of a PIL regarding the alleged illegality in issuance of the Land Possession Certificates/No Objection Certificates in the reserve forest under the Namsai Forest Division by observing that the Government has already set up an enquiry and as per the enquiry report, no illegality has been committed in issuance of the...
Supreme Court Stays Gauhati HC's Contempt Proceedings Against Bar Association President
The Supreme Court today(April 28) granted interim protection to the Gauhati High Court Bar Association President, KN Choudhary, against the contempt proceedings initiated by the Gauhati High Court.The High Court had initiated the proceedings based on a complaint filed by the Advocate General against Choudhary and two other senior lawyers, alleging that Anil Kumar Bhattacharyya and...
POCSO Act | Court Must Corroborate Victim's Testimony If Found To Be Unreliable: Gauhati High Court
The Gauhati High Court recently set aside a conviction under Section 10 of the POCSO Act passed by the Trial Court on the ground that the victim's evidence was not found to be of sterling quality and was utilised without corroboration. The single judge bench of Justice Mridul Kumar Kalita observed:“This Court is of considered opinion that once it is found that the prosecutrix has not...
Gauhati High Court Issues Contempt Notice To GHCBA President For Failure To Act Against Lawyers Who Made Remarks Against Judge
The Gauhati High Court has issued contempt notices to various lawyers, including the president of the Gauhati High Court Bar Association (GHCBA), on the plea moved by the Advocate General. The GHCBA president was issued notice for failing to act against lawyers who had made negative remarks against a sitting judge of the High Court regarding the relocation of the HC premises.A division bench...
GHCBA President Requests Recusal Of Judge From Deciding Contempt Petitions Over Liking Social Media Post Related To Case
The Gauhati High Court Bar Association President Kamal Nayan on Wednesday (April 9) sought recusal of Justice Unni Krishnan Nair from the bench deciding the contempt petitions filed the Advocate General of Assam against three advocates including the Bar President.The Advocate General, Devajit Saikia had filed contempt petitions under Sections 11, 12 & 15(1)(a) of the Contempt of Courts...