Gauhati High Court
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...
S.69 CGST Act | Commissioner Must Specify Necessity Of Arrest In Addition To 'Reasons To Believe' That Assessee Committed Offence: Gauhati HC
The Gauhati High Court has held that Section 69 of the Central Goods and Services Tax Act 2017, which confers power to arrest on a Commissioner under the Act, requires the authority to not only record 'reasons to believe' that an assessee committed the specified offence but also specify the necessity to arrest.While dealing with a writ petition challenging Petitioner's arrest, Justice...
S.73 CGST Act | SCN, Order Issued Without Signature Of Proper Officer Is 'Ineffective': Gauhati High Court
The Gauhati HIgh Court has held that the Show Cause Notice issued to an assessee under Section 73 of the Central Goods and Services Tax Act, 2017, the Statement issued along with the SCN as well as an Order passed under Section 73(9) must mandatorily be signed by the Proper Officer.Justice Soumitra Saikia observed, “As it is the statutory mandate that it is only the Proper Officer who has...
Two Additional Judges Of Gauhati High Court Made Permanent
The Union Government on Friday (January 17) appointed Justice Kardak Ete and Justice Mridul Kumar Kalita as permanent judges of the Gauhati High Court. The Notification issued by the Central Government read as follows:“In exercise of the power conferred by clause (I) of Article 217 of the Constitution of India, the President is pleased to appoint S/Shri Justices (i) Kardak Ete and (ii)...
Gauhati High Court Notifies Directions To Mandate Production Of Child Abuse Victim Before Child Welfare Committee U/S 19(6) Of POCSO Act
The Gauhati High Court recently issued a Notification pursuant to the directions of the Supreme Court in In Re: Right to Privacy of Adolescents, Suo Moto Writ Petition (C) No. 3/2023 (para 35), wherein the Apex Court had observed that at grassroots level, Section 19(6) of the POCSO Act is not being implemented The Notification which shall come into effect immediately, reads as...
Exemptions Provided To Micro & Small Enterprises Doesn't Cover Work Contracts, Not Covered By 2012 Public Procurement Policy: Gauhati HC
The Gauhati High Court recently held that work contracts do not come within the purview of Public Procurement Policy 2012 issued by Central Government and the exemptions provided to Micro and Small Enterprise (MSE) do not cover work contracts.Justice Michael Zothankhuma observed:“On considering the PPP-2012 and the clarification given by the Government of India vide letter dated...