Gauhati High Court
Motor Accident Claims Must Be Backed By Evidence, Vehicles Not Involved In Accident Cannot Be Asked To Pay Compensation: Gauhati High Court
The Gauhati High Court on Monday set aside the judgment and award passed by Motor Accident Claims Tribunal, Darrang, by which it has directed the 23rd Battalion of Sashastra Seema Bal (SSB) to pay a compensation to the tune of Rs. 14,57,732/- to the claimant, on the ground that it was not proved before the Tribunal that a vehicle belonging to 23rd Battalion of SSB was involved in the...
Trial Court Believed Prosecution Story In Haste, Convicted Without Seeking Production Of Contraband: Gauhati HC Overturns NDPS Conviction
The Gauhati High Court recently set aside the conviction and sentence order passed by the Trial Court under Section 20 (b) (ii) (c) of NDPS Act on the ground that the seized contraband were not produced before the Trial Court and no inventory was prepared by the magistrate.The single judge bench of Justice Malasri Nandi observed:“In the case in hand, there is no denial of the fact that...
Ad Hoc Service Counts For Seniority When Properly Regularized; Gauhati HC
Gauhati High Court: A Division Bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita dismissed a writ appeal challenging the seniority claim of a school principal appointed initially on an ad hoc basis. The Court ruled that when ad hoc appointments are regularized following due selection processes, seniority must be counted from the initial appointment date. The Court...
If Dispute Is Arbitrable, Court Cannot Refuse To Refer Parties To Arbitration U/S 8 Of Arbitration Act: Gauhati High Court
The Gauhati High Court Bench of Justice Mr. Robin Phukan held that it is also well settled that reference of case to arbitral tribunal under section 8 of Arbitration Act can be declined by the court only if the dispute is non-arbitrable. Brief Facts This appeal, under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, is directed against the order dated 09.08.2024,...
Violations Of The Contract Labour Act By Contractor, Does Not Per See Confer Employment Rights;Guwahati High Court Clarifies
The Guwahati High Court bench comprising of Justice Michael Zothankhuma upheld the Industrial Tribunal's decision that dismissed the claim of six contract labourers seeking reinstatement and regularization with ONGC. It ruled that the labourers failed to prove any employer-employee relationship. Further, any alleged violations of the Contract Labour (Regulation and Abolition) Act, 1970...
Gauhati High Court Issues Circular For Trial Courts To Release Money Seized In Connection With Cybercrimes To Victims
The Gauhati High Court on Friday (October 04) issued guidelines relating to the release of seized money in connection with cyber frauds or crimes registered on the National Cyber Crime Reporting Portal (NCRP), to the victims of those crimes.The issued notification by the Court read as below:“The trial Courts are directed not to insist on registration of FIRs in matters which have already...
Don't Insist On Original Case Diaries, Ensure Compliance With CrPC, BNSS: Gauhati HC Issues Guidelines To Courts For Accepting Police Report
The Gauhati High Court on Saturday (October 5) issued guidelines for acceptance of Final Report Form (Charge sheet or Final Report) by all courts under its jurisdiction. The main points of the guidelines are as follows:The Police Reports Final Form (Charge sheets or Final reports) shall be accepted by all Courts without insisting for original Case Diaries.While accepting the Final Police...
Gauhati High Court Seeks State's Response On Amount Of Money Loaned To First-Time Entrepreneurs In Plea Over Non-Payment Of Dues To Tenderer
The Gauhati High Court recently asked the Assam Government to apprise it as to the money used by the State with regard to loans being given to first-time entrepreneurs. The said direction was passed by a single judge bench of Justice Michael Zothankhuma in a writ petition filed by a person regarding non-payment of the dues after an action to de-hire the premises was taken by State...
How Is State Tackling Illegal Organisation Of Offline Or Online Lotteries? Gauhati High Court Calls For Response From Assam Govt
The Gauhati High Court on Thursday asked the Assam Government to file its response to a PIL, stating how it is proceeding to tackle the illegal organisation of offline or online lotteries in the State of Assam. The division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair further directed the State Government to issue direction to all the District Commissioners,...
Gauhati HC Criticizes ITAT For Inconsistent Views On Applicability Of Explanation To Section 14A Income Tax Act, Says It Applies Prospectively
The Gauhati High Court recently expressed discontent over the Income Tax Appellate Tribunal for taking inconsistent view on the date of applicability of Explanation to Section 14A of the Act of 1961 inserted by Finance Act, 2022. “Such a conduct of the members of an authority, which is discharging judicial functions, cannot be appreciated. Any authority discharging...
[Tax Not Paid/ Short Tax] 'Summary Of Show Cause Notice' In GST DRC-01 Not A Substitute For SCN U/S 73(1) CGST Act: Gauhati HC
The Gauhati High Court has held that Summary of Show Cause Notice in Form GST DRC-01 along with an attachment of the 'determination of tax' does not constitute a valid Show Cause Notice (SCN) under Section 73 of the Central Goods and Services Tax (CGST) Act, 2017. “The Summary of the Show Cause Notice in GST DRC-01 is not a substitute to the Show Cause Notice to be issued in terms...
Retailer Can't Be Presumed To Fall Under 'Exceptions' From GST Registration Without Supporting Materials Placed On Record: Gauhati HC
The Gauhati High Court has held that a retailer cannot be presumed to fall within the exception from registration under the Assam Goods and Services Tax Act 2017, without any materials placed on record to support the exemption. A bench of Justice Sanjay Kumar Medhi observed that though certain entities are given exemption under the Act, there cannot be any presumption in that...