Gauhati High Court
Sexual Intercourse Between Husband And Wife, If Forcible, Cannot Be Considered "Rape": Gauhati High Court
The Gauhati High Court recently set aside a rape conviction and sentence order passed by a Trial Court, on the ground that the accused and victim, a major, were legally married and therefore, the sexual intercourse between the two even if forcible cannot be considered as rape.The single judge bench of Justice Malasri Nandi observed:“Exception 2 to Section 375 of IPC states...
Show Cause Notice U/s 37C Of Central Excise Act Issued At Wrong Address Cannot Be Proceeded: Gauhati High Court
The Gauhati High Court recently held that the recourse to Sub-Clauses (b) & (c) of Clause 37C (1) of the Central Excise Act, is not permitted if the show cause notice was not sent at the proper address of the registered taxpayer.The High Court also clarified that Sub-Clause (b) and Sub-Clause (c) of Section 37(C)(1) of the Act of 1944 can only be pressed into service, if the service of...
Absence Of Medical Evidence Not Fatal To Prosecution Case, Victim Corroborated Her Testimony U/S 164 CrPC: Gauhati HC Upholds POCSO Conviction
The Gauhati High Court on Tuesday upheld the conviction of a person under Section 6 of the POCSO Act on the ground that the testimony of the victim girl before the trial court was corroborated by her statement recorded under Section 164 of CrPC and therefore, found to be trustworthy in the absence of a proper medical report.However, the division bench of Justice Michael Zothankhuma and...
Have Engaged External Consultancy Firm To Prepare "Gauhati Drainage Master Plan": State Tells High Court
On Monday, the Gauhati High Court was informed by the State that it has engaged 'Haskoning DHV Consulting Pvt. Ltd.', a consultancy agency services, for the preparation of a GIS-based Comprehensive Drainage Master Plan and Detailed Project Report for Guwahati City to tackle the problem of water logging in the city. The division bench comprising Chief Justice Vijay Bishnoi and Justice N....
“Notification Issued Without GST Council's Recommendation”: Gauhati HC Sets Aside Notification Extending Time Line For Issuance Of Order For A.Y. 2018-19 And 2019-20
The Gauhati High Court allowed the batch of writ petitions challenging the Notification No. 56/2023 dated 28.12.2023 extending the period of limitation for issuance of Order u/s 73(10) of the CGST Act, 2017 for the Assessment Year 2018-19 and 2019-20.The Court opined that the existence of the recommendation is a sine qua non for exercising the power under Section 168A to extend the timelines...
Seniority Of Casual Labourers To Be Reckoned From Regular Appointment, Not From Date Of Screening/Temporary Status: Gauhati High Court
A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding writ petitions held that the seniority of casual labourers who are later absorbed in permanent cadre must be reckoned from the date of regular appointment and not from the date of screening or temporary status.Background FactsThe workmen were initially employed by the Northeast Frontier...
Gauhati High Court Quashes Appointment Of 935 Police Constables In Nagaland, Cites Violation Of Article 16 Of Constitution
The Gauhati High Court on Friday quashed the appointment of 935 police constables who were appointed during the period from January, 2018 to October, 2019 by the State of Nagaland, without any advertisement. The single judge bench of Justice Devashis Baruah sitting at Kohima further directed the State to take steps for holding fresh selection of the 935 posts of Constables by issuance...
Gauhati High Court Gives 'Last Opportunity' To GMC To Provide Details Of Service Provider Entrusted With Building & Maintaining 'Vending Zones'
The Gauhati High Court on Friday granted the last opportunity to Guwahati Municipal Corporation to apprise it of the details of the Service Provider which was engaged in developing and maintaining the vending zones and also to provide the details of works that have been done by the said service provider. A division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair...
Part-Time Contractual Employees Are Entitled For Maternity Benefits Even If Terms Of Appointment State Otherwise: Gauhati High Court
The Gauhati High Court on Tuesday (September 10) disposed of a 2015 writ petition by setting aside with the communications informing the petitioners that maternity leave benefits are available only to regular employees of Kendriya Vidyalaya Sangathan (KVS).Background factsThe petitioner in the matter was a part-time contract teacher in Kendriya Vidyalaya from 29.06.2012 to 04.03.2015 with...
Gauhati High Court Calls For Equal Opportunity Of Promotion For Inspectors Of Armed And Unarmed Branch Of Mizoram Police
The Gauhati High Court recently held that proviso to Rule 6(1) of the Mizoram Police Service Rules, 2008, shall be interpreted in a manner which provides equal opportunity of promotion to the Inspectors of the Armed Branch as well as Un-armed Branch of the Mizoram Police. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:“It is a salutory principle of law...
Gauhati High Court Issues Notice To State On Plea Alleging Custodial Death Of Prime Accused In 14-Yr-Old Girl's Gang Rape
The Gauhati High Court on Monday issued notice to the Assam Government and Police authorities in a plea on the custodial death of the prime accused in the gang rape of a fourteen-year-old girl in Nagaon, who allegedly drowned in a pond when he tried to flee from police custody. The division bench of Justice Manash Ranjan Pathak and Justice Soumitra Saikia issued the said notice while hearing...
Gauhati HC Halts 'Unjustified' Transfer Of Asst Excise Inspectors, Says Such Frequent Transfer Orders Cannot Be Endorsed In Interest Of Justice
The Gauhati High Court recently interfered and set aside the frequent transfer order of three Assistant Excise Inspectors on the ground that the reasons cited in the transfer orders are not justified. The single-judge bench of Justice Sanjay Kumar Medhi observed:“…Though there is no manner of doubt that the posts involved are transferable which may be done in the public interest and...