Children Who Lose Parents To Motor Accident Entitled To Parental Consortium: Gauhati High Court Enhances Award To ₹8.81 Lakh

The Gauhati High Court enhanced the accident compensation granted to the family of the deceased to ₹8.81 Lakh observing that the deceased's two children were entitled to parental compensation which had not been granted by the motor accident tribunal. Justice Kaushik Goswami referred to Supreme Court's decision in Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram & Ors...

11 Years After SARFAESI Sale, Gauhati High Court Directs Bank To Hand Over Possession; Says Third-Party Injunction No Bar

The Gauhati High Court has directed a bank and the district administration to hand over possession of a property to auction purchasers more than 11 years after the SARFAESI auction, holding that a third-party injunction operating in a pending title suit would not bar them from taking possession.Justice Devashis Baruaah observed, “The said injunction, under no circumstances, would create...

Maibang Police Firing: Gauhati High Court Finds Fundamental Rights Violation, Awards Total ₹12L Compensation To Bereaved & Injured

The Gauhati High Court has held that the police firing at the Maibang protest resulted in violation of the fundamental rights of the victims, and awarded ₹3 lakh each to the families of the two deceased persons and ₹2 lakh each to three seriously injured victims.A Division Bench of Justice Kalyan Rai Surana and Justice N. Unni Krishnan Nair observed, “The nature of injuries, projected...

Gauhati High Court Acquits Woman In Infant Murder Case, Says Trial Court Found No Homicidal Death Yet Convicted Her

The Gauhati High Court has set aside the conviction of a woman under Section 304(II) IPC for the death of her infant daughter, finding that the Trial Court had relied on inadmissible Section 161 CrPC statements and material which had never been introduced into evidence.Justice Sanjeev Kumar Sharma observed, “The learned trial court also did not record any finding that the death of the...

No Clear Evidence Of Abduction Or Killing: Gauhati High Court Acquits 5 Accused Of Witch-Hunting, Murder

The Gauhati High Court has acquitted five persons convicted of abducting and killing a woman suspected to be a witch, holding that the prosecution failed to prove the case beyond reasonable doubt and that the circumstantial evidence did not form a complete chain.A Division Bench of Justice Michael Zothankhuma and Justice Anjan Moni Kalita observed, “we are of the view that when there is no eyewitness to the abduction and the killing of the deceased, the issue of whether the circumstantial...

Victim's Age Not Established: Gauhati High Court Sets Aside 20-Year POCSO Sentence; Imposes 12 Years For Rape

The Gauhati High Court has held that conviction under Section 4 of the POCSO Act cannot be sustained where the prosecution fails to prove that the victim was below 18 years of age, though the offence of rape may independently stand proved under Section 376(1) IPC.A Division Bench of Justice Michael Zothankhuma and Justice Shamima Jahan observed, “We hold that though conviction under Section...

Incomplete Training Or Lack Of Oath No Bar To CRPF Disability Benefits: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund held that a trainee appointed to the CRPF is a member of the Force and is entitled to rehabilitation and disability benefits under the CCS (Extraordinary Pension) Rules, 1939, even if he has not completed basic training or taken the oath. Background Facts...

Talaq-E-Hassan Valid In India, Must Be Registered Under Assam Muslim Marriages & Divorces Act: Gauhati High Court

The Gauhati High Court has held that the jurisdictional Marriage & Divorce Registrar is empowered to register Talaq-E-Hassan after satisfying himself with the procedure provided under the Assam Compulsory Registration of Muslim Marriages and Divorces Act 2024The petitioner husband had approached the high court after the Sub Registrar-Cum-Marriage and Divorce Registrar, Barpeta had refused...

Facebook India Not Necessary Party In Defamation Suit Over Facebook Posts, Meta Is Relevant Data Controller: Gauhati High Court

The Gauhati High Court has observed that Facebook India may not be a necessary party to a suit concerning allegedly defamatory content on Facebook, as Meta controls the Facebook service and is already arrayed as a party.Justice Susmita Phukan Khaund observed, “Meta controls all the activities of the Facebook. Thus, Facebook may not be a necessary party to the suit. The petitioner No. 6 does...

'Demolition Prima-Facie Illegal': Gauhati High Court Slams State For Razing Houses Without Hearing

The Gauhati High Court on Monday (September 7) pulled up the State authorities for demolishing the homes of various residents in Goalpara on private land without providing them an opportunity to have their say, prima facie observing that the action was unauthorized and illegal. In doing so the court sought response of the State as to what was the "imminent danger" requiring the demolition of...

Local NGOs Can't Lock House Of Person For Alleged Liquor Law Violation, May Only Assist Law Enforcement: Gauhati High Court

The Gauhati High Court has held that local NGOs cannot take the law into their own hands by locking the house of a person alleged to have violated the Mizoram Liquor (Prohibition) Act, 2019.Justice Nelson Sailo observed,“The local NGOs may assist the law enforcing agencies in carrying out the purpose of the Act of 2019 but it would be not permissible for them to take the law into their...

Trivial Domicile Error Without Undue Advantage Cannot Justify Cancelling Appointment: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Justice Robin Phukan and Justice Yarenjungla Longkumer held that a trivial, inadvertent, and bona fide error in an application that does not affect eligibility or provide any undue advantage is not a valid ground to cancel a candidature or appointment. Background Facts The respondents had applied for the post of Constable (GD)...