Gauhati High Court
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...
Finalise Draft Rules Under Freedom Of Religion Act 1978 Within Six Months: Gauhati High Court To Arunachal Pradesh Govt
The Gauhati High Court on Monday asked the State of Arunachal Pradesh to finalise rules under Section 8 of Arunachal Pradesh Freedom of Religion Act, 1978 within six months. The division bench of Justice Kardak Ete and Justice Budi Habung sitting at Itanagar observed:“…we expect the concerned authorities to be mindful of their obligations and the draft rules would be finalized within a...
Gauhati High Court Expresses Concern Over "Deplorable" Condition Of NH 415 Near Itanagar, Seeks Progress Report
The Gauhati High Court recently imposed a cost of Rs. 5000/- on the Arunachal Pradesh Government authorities for not furnishing a status report on the four-laning of Itanagar to Banderdewa section of NH 415.The division bench of Justice Kalyan Rai Surana and Justice Kardak Ete further observed,“In the event, the status report as indicated above along with the bar chart showing the timelines...
Appointments Made Without Ad, Interview Don't Meet Test Of Constitution: Gauhati HC Quashes 40 More Appointments To Nagaland Police
The Gauhati High Court recently quashed the appointment of 40 Sub-Inspectors of Police, Unarmed Branch Sub-Inspector of Police, Assistant Sub-Inspector of Police and Instructor Havildar who were appointed during the years 2019 and 2020 in Nagaland Police. The single judge bench of Justice Devashis Baruah sitting at Kohima observed that the orders of appointment of the said police personnel...
'Further Investigation' U/S 173(8) CrPC Is Done Only On Basis Of Discovery Of Fresh Material By Investigating Officer: Gauhati High Court
The Gauhati High Court recently said that “further investigation” in terms of Section 173(8) of CrPC can be done only the basis of discovery of fresh material by the Investigating Officer.It therefore set aside a Magistrate Court order directing an IO to further investigate a criminal misappropriation case against a Junior Manager of APDCL, after a final report was submitted in the case,...