Presence Of Police Officer During Recording Of Section 164 CrPC Confession Renders It Inadmissible: Gauhati High Court

The Gauhati High Court has held that confessions recorded by a Judicial Magistrate under Section 164 CrPC in the presence of a police officer cannot be said to be voluntary and cannot be relied upon as substantive admissible evidence for recording conviction against the accused.A Division Bench of Justice Michael Zothankhuma and Justice Sanjeev Kumar Sharma observed, “In the present case,...

POCSO Act | Complete Penetration Or Rupture Of Hymen Not Necessary To Prove Penetrative Sexual Assault: Gauhati High Court Reiterates

The Gauhati High Court has upheld the conviction of a man under Section 6 of the POCSO Act, observing that penetrative sexual assault does not necessarily require complete penetration or rupture of hymen, and that the victim's testimony in the present case was sufficient to sustain the conviction.The Court was hearing a criminal appeal filed by one Satish Ray, challenging his conviction...

S.9 Foreigners Act | Burden Of Proving Indian Citizenship Always Lies On Proceedee And Never Shifts: Gauhati High Court

The Gauhati High Court has held that in proceedings before a Foreigners Tribunal, the burden to prove citizenship lies entirely upon the proceedee and such burden cannot be discharged through vague pleadings, inconsistent voter lists and unproved certificates unsupported by contemporaneous documentary evidence.The Court was hearing a writ petition filed by one Dabir Rahman challenging a...

Discovery Of New Evidence In Review Petition Can Justify Reopening Second Appeal: Gauhati High Court

The Gauhati High Court has held that discovery of new and important evidence, which was not earlier available despite due diligence, can justify review of a judgment and reopening of a second appeal. Justice Mridul Kumar Kalita restored a second appeal in an adoption dispute after finding that a newly traced primary school admission register, showing the age of the adopted son at the time...

Gauhati High Court Introduces Fuel-Saving Measures: Directs Virtual Hearings Twice A Week, 50% Staff Attendance Till June 26

The Gauhati High Court on Thursday (May 21) issues guidelines regarding virtual hearings, car-pooling for Judges, roster, mandatory use of e-office, training programs to be done in online mode, in terms of circular issued by the Supreme Court dated May 15, in line with Union government's fuel conservation measures. The SOP issued in respect of the Principal Seat and the Outlying Benches of...

Services Utilised For Long Period Cannot Go Unpaid Merely Due To Absence Of Sanctioned Post: Gauhati High Court

The Gauhati High Court has held that where services of an employee are continuously utilised for a long period, payment cannot be denied merely because there was no sanctioned post and such non-payment would be unconstitutional and violative of fundamental rights.The court was hearing a school employee's plea who continued working in a Grade-IV post for nearly 35 years without a sanctioned...

Conviction Can Be Based Solely On Credible Testimony Of Police Witness: Gauhati High Court

The Gauhati High Court has upheld the conviction of a man under Section 302 IPC for killing his wife, holding that there was no reason to doubt the evidence of the police officer who had seen the appellant hacking the deceased with a weapon, merely because he was a police witness or a chance witness.The Division Bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar held, “In...

Railway Employee Who Voluntarily Vacates Official Quarter Can't Claim HRA When Similar Accommodation Remains Vacant: Gauhati High Court

The Gauhati High Court has held that a railway employee who vacates official accommodation and does not apply for available entitled-category quarters is not entitled to House Rent Allowance, and such claim cannot be sustained merely on the ground that similarly placed employees were granted HRA.A Division Bench of Justice Michael Zothankhuma and Justice Kaushik Goswami observed, “the number...

Disputes Over ESI Coverage, Contribution Liability Cannot Be Decided In Writ Jurisdiction Bypassing Statutory Mechanism: Gauhati High Court

The Gauhati High Court has held that disputes relating to ESI coverage, number of employees, contribution liability and the factual basis of an order passed under Section 45A of the Employees' State Insurance Act must ordinarily be raised before the Employees' Insurance Court under Section 75.In doing so the court said that the issues cannot be converted into a plea of inherent lack...

S.125 CrPC Maintenance | Magistrate Can't Presume High Income Merely Because Husband Failed To Produce Employment Documents: Gauhati High Court

The Gauhati High Court has held that mere failure of the husband in furnishing documents regarding his employment does not discredit his evidence about his income as stated in statement of assets and liabilities in maintenance proceedings. In doing so the court held that order shifting burden of proof on the husband to establish his income, for determining maintenance to wife, is arbitrary....

NRC Extracts Not Admissible To Prove Citizenship: Gauhati High Court Upholds Foreigner Tribunal Order

The Gauhati High Court has reiterated that extracts of National Register of Citizens (NRC) produced to prove Indian citizenship is not admissible in evidence for any purpose. A Division Bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan observed:"The petitioner had thereafter relied on the NRC details wherein the petitioner was shown as the son of Abul Haki. The same is again...

Children Can't Be Automatically Declared Foreigners Merely Because Parent Was Declared Foreigner: Gauhati High Court

The Gauhati High Court has made it clear that the children cannot automatically be declared foreigners, merely because a Foreigner Tribunal had declared their parent as a foreigner.In doing so, a Division Bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan reiterated that until a specific reference is initiated against an individual, no orders of declaration as foreigner of such...