Gauhati High Court
No Mandatory Civil Adjudication Without Bona Fide Title Claim: Gauhati High Court Upholds Criminal Proceedings In Land Grabbing Case
The Gauhati High Court has held that prior determination of civil liability under Section 10(2) of the Assam Land Grabbing (Prohibition) Act, 2010 is not required in every case, and is not attracted where no bona fide plea asserting proprietary right, ownership, or lawful possession over the land is raised. In such circumstances, the Land Grabbing Tribunal can proceed with the criminal aspect...
Non-Disclosure Of Complaints Vitiates Enquiry: Gauhati High Court Sets Aside Action Against Gram Pradhan
The Gauhati High Court has held that an enquiry resulting in adverse civil consequences against a Gram Pradhan is vitiated if the complaints and foundational materials on which it is based are not disclosed to him, as such non-disclosure renders the opportunity of hearing illusory and violates both executive instruction 162-A and principles of natural justice.Justice Arun Dev Choudhury,...
Discharge From Air Force On Grounds Of cumulative Unsuitability; Not A Punishment: Gauhati HC
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that discharge of an airman under Rule 15(2)(g)(ii) of the Air Force Rules, 1969, based on cumulative red-ink entries reflecting unsuitability for service does not amount to punishment. Background Facts The petitioner joined the Indian Air Force as a trainee on...
Mere Failure To Make Timely Payment Not Cheating Without Initial Fraudulent Intent: Gauhati High Court Reiterates
The Gauhati High Court has reiterated that mere non-payment arising out of contractual dealings, without prima facie material showing fraudulent or dishonest intention at the inception, cannot be treated as offences of cheating or criminal breach of trust.The ruling was delivered by Justice Anjan Moni Kalita, who observed, “…though there are instances of non-fulfillment of promises, the...
Predetermined Show-Cause Notice Vitiates Disciplinary Proceedings: Gauhati High Court Orders Reinstatement Of Police Personnel
The Gauhati High Court has held that a departmental proceeding cannot be sustained where the disciplinary authority shows a pre-determined mind at the very stage of issuing the first show cause notice, and where the enquiry is conducted in a manner contrary to law, rendering the process unfairJustice Rajesh Mazumdar observed, “…the words used in the first show cause notice like...
Trial Court Judgment Set Aside In Earlier Round Becomes Non-Existent, Can't Be Reconsidered In Appeal On Merits: Gauhati High Court
The Gauhati High Court has held that where an earlier trial court judgment had already been set aside by the appellate court remanding the matter for fresh adjudication, the appellate court cannot later reconsider the earlier "non-existent judgment" on merits and uphold it.Justice Anjan Moni Kalita observed that Judgment dated 30.04.2011, passed by the magistrate court was in essence set aside...
Bail Can Be Cancelled If Procured By Fraud Or Misrepresentation: Gauhati High Court
The Gauhati High Court has held that bail granted to an accused person can be cancelled where it has been obtained by misrepresentation or fraud.Justice Pranjal Das observed, “...a bail order can also be cancelled, if it was procured by misrepresentation or fraud. The aforesaid principle would be squarely applicable to the facts and circumstances that have emerged in the instant case...
BNSS | Gauhati High Court Upholds Telephonic Intimation Of Arrest To Accused's Family, Notes No Prejudice Caused
The Gauhati High Court refused to grant bail to an NDPS accused who had claimed violation of arrest procedure under BNSS, after finding that his family who lived in Manipur were informed of the arrest via telephonic intimation and there was subsequent service of written notice under section 48 of BNSS. Justice Anjan Moni Kalita, noted that at the time of the accused's arrest in Guwahati, his...
Discharge Without Completion Of Training In Assam Rifles , No Right For Reinstatement : Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Unni Krishnan Nair and Justice Yarenjungla Longkumer held that a trainee who has neither successfully completed training nor been formally enrolled as a member of the Assam Rifles under the Assam Rifles Act, 2006, is not entitled to reinstatement, especially when he has voluntarily sought discharge by executing a...
'Fissiparous Tendency' : Gauhati High Court Issues Notice To Assam CM On Petitions Against 'Hate Speeches' Targeting Muslims
The Gauhati High Court on Thursday (February 26) issued notice on a PIL petition and two connected cases seeking directions to restrain Assam Chief Minister Himanta Biswa Sarma from making alleged hate speeches against the minority communities in the state.The PIL states that despite the presence of public videos of alleged hate speeches of CM Sarma, Assam Police has not filed a suo motu FIR....
Procedural Lapse By ICC Can't Extinguish Sexual Harassment Complaint: Gauhati High Court Orders Fresh Inquiry Under POSH
The Gauhati High Court has held that procedural lapses or inaction on the part of an Internal Complaints Committee (ICC) cannot defeat an aggrieved woman's substantive statutory right to seek redress under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Dismissing a challenge to the revival of ICC proceedings, Justice Devashis Baruah...
Retrospective Regularisation Shall Not Confer Seniority: Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that seniority as a graduate teacher can be counted only from the date when the teacher possessed both the Graduate qualification and received the Graduate scale of pay. Further, the retrospective regularization cannot confer retrospective seniority. Background Facts...