Gauhati High Court
Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC
The Gauhati High Court recently allowed an application seeking condonation of a 21-day delay in filing an appeal against a family court's order, after noting that this 21-day delay which was already beyond the prescribed 30-day limitation period as prescribed under the family court's act may not classify as “barred by limitation”. A division bench comprising Justice Sanjay Kumar Medhi...
Gauhati High Court Asks Principal Secretary, DGP About Steps Taken To Stop Illegal Coal Mining In Assam Forest
The Gauhati High Court recently asked Assam's Principal Secretary (Home and Political), Assam and the Director General of Police (DGP) about the steps taken to stop illegal coal mining activities in the concerned forest areas where it has been alleged to take place. The court in its order directed the personal appearance of the officers after noting that an affidavit on the issue had not...
Do Minor Mineral Rules Stipulate Action Against Contractor For Indulging In Illegal Mining Beyond Scope Of Contract: Gauhati HC Asks State
The Gauhati High Court on Monday (February 10) asked the State Authorities, whether there is any provision under the existing mineral rules for taking action against the erring contractor, who has flouted the conditions of the lease or has illegally extracted the minor minerals out of the scope of the contract. The division bench comprising the Chief Justice Vijay Bishnoi and...
Gauhati High Court Directs PWD To Stop Construction Activities, Earth Filling In Fresh Water Lake Deepor Beel
The Gauhati High Court recently directed the Public Works Department (PWD) to file an affidavit to the effect that the earth filling and the other construction activities in the Deepor Beel area will be removed by the next date of hearing of a PIL on the issue.The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL regarding the protection of the...
Illegal Coal Mining: Gauhati High Court Orders Protection Of Ahom Historical Monuments
The Gauhati High Court recently directed the State Government to complete, preferably within six months, the exercise of taking Ahom Dynasty monuments under the purview of 'protected historical sites/monuments' by measuring their authenticity, integrity and archaeological findings. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam further directed the State...
Toilet Facilities In Court Premises: Gauhati High Court Notifies Committee To Monitor Implementation Of Apex Court Directions
The Gauhati High Court recently (January 28) constituted a Committee to monitor the implementation of the directions issued by the Supreme Court in Rajeeb Kalita v. Union of India & Ors, for the construction of toilet facilities especially for women, specially-abled persons and transgender persons in Court premises and tribunals across the country.The Supreme Court had directed that...
Mere Existence Of Arbitration Clause In Agreement Does Not Oust Jurisdiction Of Civil Court To Entertain Suit: Gauhati High Court
The Gauhati High Court bench of Justice Malasri Nandi has held that merely because there is an arbitration clause providing for referring the dispute and the claim to the arbitration, the civil court's jurisdiction is not barred but the same is subject to Section 8 of the Arbitration Act, 1996. Brief Facts An agreement was entered into between the plaintiffs and the defendants...
Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
The Gauhati High Court recently set aside the judgment and sentence order passed by a Trial Court under Section 417 (Punishment for Cheating) of IPC on the ground that mere refusal to marry would not constitute an offence under Section 417 of IPC until and unless the requirement under Section 90 of IPC is established by the prosecution.The single judge bench comprising Justice Arun Dev...
Gauhati High Court Questions Arunachal Pradesh Govt Over Non-Constitution, Proper Functioning Of State Human Rights Commission
The Gauhati High Court at Itanagar on Thursday (January 30) asked the State of Arunachal Pradesh why it had not constituted the Arunachal Pradesh State Human Rights Commission as per section 21 of the Protection of Human Rights Act, 1993. The division bench comprising Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita was hearing a PIL on the issue, during the hearing of which, the...
Umrangso Coal Mine Deaths: Gauhati High Court Takes Suo Motu Cognizance, Seeks Report From Assam Govt Over Illegal Mining Activities
The Gauhati High Court on Tuesday (January 28) issued notice to the State authorities in a Suo Moto PIL taking note of the coal mine tragedy that had taken place in Umrangso of Dima Hasao district of Assam.The division bench of the Chief Justice Vijay Bishnoi and Justice Kaushik Goswami directed the State respondents to file their response to the PIL and the latest status report regarding...
Out Of 20 Criminal Cases Against MPs/ MLAs In Gauhati HC, 5 Disposed And 15 Listed For Final Hearing & Disposal Next Month: High Court Told
The Registry of the Gauhati High Court placed a report before the High Court which shows that out of the 20 criminal cases against MPs/MLAs pending before the Principal Seat, 05 cases have been disposed of.The division bench comprising Justice Suman Shyam and Justice Arun Dev Choudhury was informed that insofar as the remaining 15 cases are concerned, those are fixed in the month of...
Gauhati High Court Stays Nagaland Lokayukta Act Amendments Altering Search Committee To Select Lokayukta, Broadening Eligibility Criteria
The Gauhati High Court at Kohima on Wednesday (January 22) granted an interim stay on the operation of the two amendments to the Nagaland Lokayukta Act, 2017 which provided for the Search Committee consisting of the Chief Secretary or Additional Chief Secretary and the Advocate General of Nagaland for the selection of Lokayukta and broadened eligibility criteria for the appointment of...