Earlier Finding Of Paternity Operates As Res Judicata In Maintenance Case; No DNA Test Without Strong Case Of Non-Access: Gauhati High Court

The Gauhati High Court has held that an earlier unchallenged finding that a man had a physical relationship with a woman and that a child was born out of that relationship can operate as res judicata in maintenance proceedings under Section 125 CrPC, so far as question of paternity of the child is concerned.Justice Sanjeev Kumar Sharma observed, “The said issue, having been already decided...

24-Hour Clock For Production Before Magistrate Runs From Initial Detention, Not Formal Arrest Under NDPS Act: Gauhati High Court

The Gauhati High Court has held that the 24-hour period for producing an accused before a Magistrate under Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 begins from the point of initial detention under Section 42 of the NDPS Act, and not from the time of formal arrest.Justice Sanjeev Kumar Sharma observed, “Therefore, once a person is...

Legal Heir Not Made Party Can Seek Setting Aside Of Ex-Parte Succession Certificate Under Order IX Rule 13 CPC: Gauhati High Court

The Gauhati High Court has held that the remedy for revocation of a succession certificate under Section 383 of the Indian Succession Act does not make an application under Order IX Rule 13 CPC irrelevant where the succession proceedings had gone ex parte against a legal heir who was not made a party.Justice Mridul Kumar Kalita observed, “The question that as there is a specific provision...

State Authority Can't Challenge Ex-Parte Award For Lack Of Hearing After Failing To Ensure Representation: Gauhati High Court

The Gauhati High Court has held that a State authority cannot assail an ex parte award for want of opportunity of hearing where it had notice of the proceedings, had engaged counsel and still failed to ensure its representation.Justice Kaushik Goswami observed, “The fact that the appellant is a State authority cannot, by itself, absolve it of the responsibility of diligently...

Medical Evidence Showing Pregnancy Pre-Dated Alleged Rape Makes Victim Testimony Untrustworthy: Gauhati High Court Acquits POCSO Convict

The Gauhati High Court has set aside the conviction of a man under Section 376(3) IPC read with Section 6 of the POCSO Act after finding that the medical evidence showed that the victim had become pregnant about two months prior to the alleged rape.A Division Bench of Justice Michael Zothankhuma and Justice Shamima Jahan observed, “When the medical evidence with regard to the live foetus...

Party Lacking Any Conceivable Right Over Land Can't Challenge Eviction Notice: Gauhati High Court

The Gauhati High Court has held that a challenge to an eviction notice cannot be sustained where the petitioners fail to show any conceivable right over the land sought to be cleared.Justice Devashis Baruah, observed, “Taking into account that the Petitioners have not been able to substantiate any material before this Court that they have any conceivable right in respect of Dag No.164 and...

Disputed Monetary Entitlement Requiring Evidence Can't Be Decided In Writ Proceedings: Gauhati High Court

The Gauhati High Court has held that a dispute over monetary entitlement, where evidence is required to be led, cannot be decided by the writ court and has to be adjudicated by a competent civil court.Justice Devashis Baruah observed, “It is the opinion of the Court that if the Petitioner disputes the amount of its entitlement during the period i.e. from 01.07.2012 to 31.03.2013 and...

BNSS Remedies Must Be Exhausted Before Moving High Court For FIR Registration: Gauhati High Court Reiterates

The Gauhati High Court has held that a writ petition seeking registration of an FIR cannot be entertained where the petitioner has directly invoked the Court's writ jurisdiction without first availing the statutory remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023.Justice Manish Choudhury observed, “Without availing such statutory remedy provided under the BNSS, the petitioner...

Children Who Lose Parent In Motor Accident Entitled To Parental Consortium: Gauhati High Court Enhances Compensation To ₹8 Lakh

The Gauhati High Court enhanced accident compensation to the kin of a deceased man to over Rs. 8 Lakh granting compensation for deceased's future prospects who was 44 years old at the time of his death as well as parental consortium to his two sons which had not been granted by the motor accident tribunal. Justice Kaushik Goswami observed, “ In the present case, admittedly, no amount...

Govt Employee Has No Right To Continue In Official Quarter When It Is Needed For Public Interest Redevelopment: Gauhati High Court

The Gauhati High Court has held that a government employee has no right to claim continued occupation of an official quarter where the government has taken a policy decision to dismantle the premises and redevelop it by constructing a multi-storied building in the larger public interest.Justice N. Unni Krishnan Nair observed, “This Court further notices that the petitioner has no right to...

Quashing Of Termination For Want Of Communication Doesn't Cure Defects In Initial Appointment: Gauhati High Court

The Gauhati High Court has held that setting aside of a termination order for want of communication to the affected employee does not, by itself, entitle such employee to regular status from the date of the original appointment or to consequential service benefits.A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed, “Setting aside an ineffective order...

Contractor's Entitlement Must Be Verified Before Outstanding Dues Are Paid: Gauhati High Court

The Gauhati High Court has directed the Bodoland Territorial Council authorities to verify whether a contractor completed the works in accordance with the work order and ascertain the exact amount, if any, to which he is entitled.Justice Devashis Barua observed, “this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities...