Gauhati High Court
Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates
The Gauhati High Court recently set aside detention and confirmation orders under NDPS Act against two detenues in judicial custody, on the ground that the orders lacked cogent materials based on which the Detaining Authority had reasons to believe that the detenues could be released on bail.The division bench comprising Justice Manish Choudhury and Justice Devashis Baruah...
Gauhati HC Denies Migrant's Plea For Extension Of Time To Register Under Citizenship Act, Cites SC Ruling Upholding Validity Of S.6A
The Gauhati High Court on Thursday (January 09) dismissed a writ petition filed by a woman praying for a direction to extend the time limit for registering with FRRO, on the ground that the Court is bound by the decision of the Supreme Court of India in the case of Re: Section 6A of the Citizenship Act, 1955, would not have power to extend time for the petitioner, to register herself before...
Convict Has Right To Be Considered For Release On Probation: Gauhati HC Grants Relief To Headmaster, Son Who Assaulted Student's Mother
The Gauhati High Court recently extended the benefit of Section 4 of Probation of Offenders Act, 1958 to a school Headmaster and his son, who were convicted by the Trial Court under Sections 323 and 34 of IPC for allegedly assaulting a student's mother, on the ground that the trial court failed to consider the entitlement of the petitioners to the benefit of said Act.The single judge bench...
Gauhati High Court Asks Assam Govt If It Has Implemented Union Health Ministry's SOP On Medical Facilities For Transgender Persons
The Gauhati High Court on Tuesday (January 07) directed the Assam Government to inform whether the Standard Operating Procedure (SOP) issued by the Union Ministry and Health & Family Welfare regarding treatment and other medical facilities to be provided to the transgender community, has been implemented in the State. The Court was hearing a PIL filed by Advocate Swati Bidhan Baruah...
Supreme Court Collegium Proposes To Make Two Gauhati HC Judges Permanent
The Supreme Court Collegium (SCC) on Tuesday (January 07) recommended the appointment of two Additional Judges of the Gauhati High Court as Permanent Judges.The SCC in its meeting held on January 07, 2025, approved the proposal for appointment of the following Additional Judges as Permanent Judges in the Gauhati High Court: Justice Kardak Ete, and Justice Mridul Kumar Kalita.Justice Kardak...
Family Pension Denied Due To Non-Provincialisation Of Service Before Death; Gauhati HC Suggests To make Fresh Plea To Governor
Gauhati High Court: A Single Judge Bench of Justice Robin Phukan disposed of a writ petition filed by a widow seeking family pension under the Assam Services (Pension) Rules, 1969. The court held that family pension could not be granted since the petitioner's husband's service was not provincialised before his death. However, it directed the widow to file an application before the...
Gauhati HC Sets Aside Disciplinary Action Against Law Students For Protesting At College Event, Asks Them To Apologise & Pay 10K Costs
The Gauhati High Court recently set aside two notices issued by Tezpur Law College's Principal-in-Charge initiating disciplinary action against a law student, on the condition that he shall tender a written apology to the Principal publishing it in two widely circulated newspapers in the locality and also pay cost of Rs.10,000.Justice Robin Phukan in his December 20 order...
Gauhati HC Directs Assam, Nagaland, Mizoram And Arunachal Pradesh To Report Steps Taken To Improve Condition Of Central/District Jails
The Gauhati High Court recently directed four states–Assam, Nagaland, Mizoram and Arunachal Pradesh, to file their respective comprehensive affidavit addressing all the issues highlighted by a Committee in its inspection report concerning the condition of different central jails and district jails across these states. The division bench of the Chief Justice Vijay Bishnoi and Justice...
Gauhati High Court Sets February 2025 Deadline For State To Notify Draft Rules & Child Protection Policy
The Gauhati High Court recently directed the Assam Government to inform it by February 25, 2025, about the status of the issuance of notification for the Draft Rules and Child Protection Policy; filling of the vacancies, and the status of social audit and tentative time of completion of the said audit. The division bench comprising Justice Kalyan Rai Surana and Justice Arun Dev Choudhury...
[Probation Of Offenders Act] Gauhati HC Extends Benefit Of Probation To Man Convicted U/S 498A IPC, Says Offence Was Not Heinous
The Gauhati High Court on Thursday (December 19) extended the benefit of Probation of Offenders Act to a man who was convicted and sentenced by the Trial Court to undergo one year imprisonment for the offence of cruelty under IPC Section 498A, after noting that the nature of offence alleged in the case was not so heinous. Notably, the Probation of Offenders Act Act provides for the release...
Gauhati HC Directs Counselling Of Parents Of Minor Rape Survivor Who Underwent Pregnancy Termination To Ensure She Isn't Abandoned
The Gauhati High Court on Thursday (December 19) directed the Secretary, District Legal Services Authority (DLSA) to undertake counselling of the parents of the minor girl, who was allowed to terminate her 26-week pregnancy after she was allegedly gang raped, so that they do not abandon her. A division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund further...
S.68 IT Act | Whether Assessee Discharged Burden To Substantiate Identity & Genuineness Of Share Application Money Is 'Question Of Fact', Not Law: Gauhati HC
The Gauhati High Court refused to entertain an appeal with respect to genuineness of credit received by an assessee from share application money, holding that the same would require it to venture into factual matrix of the case which is beyond its jurisdiction under Section 260A of the Income Tax Act, 1961. The appeal was preferred by the Revenue, following CIT(A) reversing the...