Gauhati High Court
Gauhati High Court Urges State Govt To Notify Draft Child Protection Policy & Rules, Flags Issues Being Faced By Juvenile Justice Boards
The Gauhati High Court recently exhibited its hope and trust in the Assam Government to take immediate steps to notify the Draft State Child Protection Policy as well as the Rules. The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further directed the State Government to take steps for the redressal of the various issues and challenges faced by the Juvenile...
Gauhati HC Sets Aside NDPS Conviction, Cites Irreconcilable Contradictions In Prosecution Evidence, Failure To Follow Mandatory Procedure
The Gauhati High Court on Monday set aside a judgment and order passed by a Trial Court by which it convicted and sentenced a person under Section 21(c) of the NDPS Act, on the ground that there are irreconcilable contradictions in the evidence of the prosecution and lapses in not following the mandatory procedural requirements.The single judge bench of Justice Mridul Kumar Kalita was hearing...
30-40 Yrs Old Trees Cut! Gauhati High Court Seeks Mizoram Govt's Response On Steps To Curb Menace Of Tree Felling
The Gauhati High Court recently directed the Mizoram government to apprise it about the measures taken or proposed to be taken by it for curbing the menace of felling of trees in Aizawl as well as in other villages of the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma observed,“…the felling of trees in Aizawl as well as villages such as Ailawng...
“Assessee Entitled To Hearing If Pre-Deposit Is Made”: Gauhati High Court Grants Fresh Hearing
The Gauhati High Court while granting a fresh hearing to the assessee stated that the benefit of hearing has to be given to the assessee as the statutory deposit has already been made by the assessee. The Bench of Justice Arun Dev Choudhury observed that “This court though cannot find fault with the appellate authority in non-entertaining the appeal due to non-compliance of...
Mizoram Govt Not Taking Effective Steps To Improve Prison Conditions Despite Availability Of Funds: Gauhati High Court
The Gauhati High Court recently granted four weeks to the State of Mizoram to clarify its position regarding the scheduled start and completion of work for improving the conditions of prisons in the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed,“We expect that the State Government shall come with a concrete proposal...
Gauhati High Court Tells Mizoram Govt To Set Up State Human Rights Commission In Two Months Or Face Contempt
The Gauhati High Court recently provided last opportunity of two months to the State of Mizoram to establish State Human Rights Commission.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed:“It is to be noticed that the sanction of posts is only on paper and till date, the State Human Rights Commission has not been constituted....
High Court Appoints Advocate Commissioner To Inspect "Artificial Floods" In Assam District Due To Illegal Constructions Blocking Drains
The Gauhati High Court on Friday appointed Advocate Anjan Kalita as Commissioner for a fact finding enquiry into the allegation of creation of artificial floods in the Southern Kamrup district of Assam. The division bench of Justice Suman Shyam and Justice Mridul Kumar Kalita was hearing a PIL which alleges that a few industrialists and real estate dealers acting in collusion and with the...
'Serious Concern': Gauhati High Court On Plea Against Lack Of Medical Assistance, Reconstructive Surgery Facility For Transgender Persons
The Gauhati High Court on Friday asked the Union Government and Assam Government to apprise it about the issue of failure to address the medical needs of the members of the Transgender community living in Assam, specifically, extending the facility of reconstructive surgery.The division bench of Justice Suman Shyam and Justice Mridul Kumar Kalita observed,“…we are of the view that the...
Voluntary Resignation Results In Forfeiture Of Past Service, Employee Not Entitled To Pension Benefits: Gauhati High Court
A single judge bench of the Gauhati High Court comprising of Justice Kardak Ete, while deciding writ petition held that an employee is not entitled to pensionary benefits if they submit a voluntary resignation, which results in the forfeiture of their past service. Background Facts The employee joined the Central Reserve Police Force (CRPF) as a Constable on August 6, 2000. He...
No Element Of Misstatement And Intention To Evade Payment Of Service Tax: Gauhati High Court Quashes Demand & Penalty
Finding that the Assessee company had provided every detail regarding availment of CENVAT Credit in the ST-3 Returns, and the same was considered by the Central Excise Commissioner, the Gauhati High Court held that the fact of wilful misstatement or suppression should specifically be mentioned in the show-cause notice. Since the Department had not misstated any fact with intent to...
Foreigner Tribunal Members Must Be Given Relevant Bare Acts, At Least Two Law Journals Reporting HC Orders: Gauhati High Court To State
The Gauhati High Court recently asked the Government of Assam to ensure that at least two law journals as well as the relevant Bare Acts are made available to the serving Members of the Foreigners Tribunals on a regular basis.The single-judge bench of Justice Suman Shyam observed:“There can be no denial of the fact that the learned Members of Foreigners Tribunals are constantly required...
Non-Compliance With S.26(1) Of Competition Act: Gauhati HC Sets Aside Rs 5 Lakh Penalty Imposed On Star Cement Ltd By CCI
The Gauhati High Court recently set aside an order passed by the Competition Commission of India by which it imposed a penalty of Rs. 5 Lakhs on Star Cement Ltd. under Section 43 of the Competition Act, 2002 for non-compliance with the order of its Director General.The single judge bench of Justice Kaushik Goswami further quashed the proceedings against Star Cement Ltd. (petitioner) and...