Gauhati High Court
[Lok Sabha Elections] Gauhati HC Issues Notice On Plea By Congress Candidate From Karimganj Constituency Challenging Election Of BJP Candidate
The Gauhati High Court yesterday issued summons in an election petition filed under Section 80, Section 80A and Section 81 of the Representation of People Act, 1951 by the Congress candidate for Lok Sabha elections 2024, Hafiz Rashid Ahmed Choudhury, from No. 7 Karimganj Constituency in Assam challenging the election of winning BJP candidate Kripanath Mallah from the said...
Interest Can't Be Levied When No Taxable Due Is Found: Gauhati High Court
The Gauhati High Court has held that once the assessment order of the authorities is set aside and the matter is remanded back and assessed, no taxable interest can be levied.The bench of Justice Arun Dev Choudhury has observed that in a judicial system that is administered by the court, one of the primary principles to keep in mind is that the court under the same jurisdiction must have...
Gauhati High Court Closes PIL Seeking Directions On Assam Govt To Not Encroach On Subjects Allocated To KAAC After State Assures Adherence To MoS
The Gauhati High Court on Thursday closed the PIL seeking directions to the State of Assam and its department not to encroach upon the subjects, which are allocated to the Karbi Anglong Autonomous Council (KAAC) under the 6th Schedule of the Constitution of India and governed by the Memorandum of Settlement, 2011, on the basis of assurance given by the State Government that it is bound to...
Long Period Of Service, Gauhati High Court Directs Consider Regularization Of Employee Within 12 Weeks
A single judge bench of the Gauhati High Court comprising of Justice Kakheto Sema, while deciding writ petition directed to consider regularization of workers in temporary or casual positions for an extended period, to receive pensionary benefits after retirement. Background Facts The employee was appointed as a contingency Peon on a fixed pay of Rs. 375/- per month by the...
Gauhati High Court Overrules 2017 Order Allowing 'Shiksha Sarathis' To Work Till Notional Age Of Retirement Upon Completing 10 Yrs Of Service
The Gauhati High Court recently allowed a review of its 2017 judgment in a writ petition which directed a scheme should be framed for Siksha Sarathis working for more than 10 years, to be allowed to work till their normal retirement age, on the ground that the directions passed in the said judgment are contrary to the materials on record. In allowing the review, the Court dismissed the...
Undue Delay In Completion Of Trial, Eligible For Bail Due To Prolonged Incarceration: Gauhati HC Releases Man Accused Of Possessing Methamphetamine
The Gauhati High Court on Wednesday granted bail to a man accused of possessing a commercial quantity of methamphetamine tablets individually, on the ground that there is a delay in the completion of the trial and he has been detained for more than 3 years and 8 months. The single-judge bench of Justice Mridul Kumar Kalita observed: “…..this Court comes to the finding that...
Motor Accident | Gauhati High Court Pulls Claimant For Concealing Compensation For Vehicle Loss Received From Own Insurer, Imposes Cost
The Gauhati High Court recently set aside an Award granted by Motor Accident Claims Tribunal to a Ford Eco Sport owner, on finding that the claimant had concealed that he received compensation from his own insurer for loss of vehicle.The claim was made for damage of the vehicle and not for any injuries sustained by any person. Claimant had received compensation from its insurer TATA AIG. He...
Gauhati High Court Pulls Up State Govt For Non-Response On Plea Flagging Waterlogging Issue In Guwahati City, Imposes 1K Cost
The Gauhati High Court on Wednesday pulled up the Assam Government and concerned departments for not filing a response to a Public Interest Litigation (PIL) raising the issue of water logging in the city of Guwahati. The division bench of the Chief Justice Vijay Bishnoi and Justice Kardak Ete observed:“As noticed on 03.06.2024, the petitioner has raised Gauhati High Court serious...
Kamakhya Temple Corridor Construction Won't Commence Without Clearance From IIT Gauhati: Assam Govt Tells High Court
The Assam Government recently informed the Gauhati High Court that no construction will start in the proposed 'Maa Kamakhya Temple Access Corridor' until due clearance is received from IIT Guwahati as well as other relevant agencies.The single judge bench of Justice Soumitra Saikia was hearing a writ petition filed by one of the members of the four Bordeori/Borpujari families who are...
Panel Of Arbitrator Proposed By Railways Would Have Certain Relationship With Railways, Violates 7th Schedule: Gauhati High Court
The Gauhati High Court bench of Justice Kalyan Rai Surana has held that the panel of arbitrators of Railways would have a certain amount of relationship with the Railways and therefore, they would be covered by the 7th schedule of the Arbitration and Conciliation Act, 1996. The 7th Schedule of the Arbitration and Conciliation Act, 1996, lists the categories of persons who are...
Arbitral Tribunal With Serving/Retired Railway Officers Violates Section 12(5) Of Arbitration Act: Gauhati High Court
The Gauhati High Court bench of Justice Michael Zothankhuma has held that Railways cannot constitute an Arbitral Tribunal consisting of serving/retired Railway Officers, as it was not in consonance with Section 12(5) and 7th Schedule of the Arbitration and Conciliation Act, 1996. Section 12(5) deals with the grounds of ineligibility of an individual to act as an arbitrator....
Not A Bona Fide Passenger: Gauhati High Court Denies Compensation Over Death Of Man Who Fell From Moving Train And Was Subsequently Run Over
The Gauhati High Court recently upheld a judgment of the Railway Claims Tribunal by which it denied compensation to the father of a deceased who fell down from a running train and was run over by the said train, on the ground that the aspect of the deceased being a bona fide passenger was not proved in accordance with law.The single-judge bench of Justice Sanjay Kumar Medhi noted:“An...