Gauhati HC Reinstates Assam Police Constable Removed From Service Without Hearing Based On Enquiry Report Alleging Unauthorised Leave

The Gauhati High Court recently set aside an order of removal from service of a Constable of Assam Police on the allegation of unauthorised leave or overstay in leave, on the ground that the disciplinary authority acted on the enquiry report without giving a reasonable opportunity to the said constable to submit his reply on the said report. The single-judge bench of Justice Sanjay Kumar...

Absence Of Clear Guidelines For Recruitment Documents, Gauhati High Court Directs Appointment Of Applicant

A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding a writ petition held that in the absence of clear and proper guidelines for recruitment documents, an applicant cannot be denied appointment to the job post. Background Facts An advertisement was published on 24th June 2020 for filling 344 posts of Junior Engineer (Civil) under...

Gauhati High Court Criticises Assam Government For Delay In Notifying Draft Child Protection Policy And Rules

The Gauhati High Court on Thursday expressed its displeasure about the delay in notifying Draft Rules and the Draft Child Protection Policy by the Assam Government.The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury observed:“The delay in notifying the Draft Rules as well as the Draft Child Protection Policy discloses that the State Government or its...

Fair Trial Includes Fair Opportunity For Both Sides: Gauhati HC Sets Aside Trial Court Order Closing Evidence Of Party For Not 'Taking Steps'

The Gauhati High Court recently set aside the orders passed by a Civil Court by which it had closed the evidence of the plaintiff's side for not taking any steps, on the ground that a fair trial includes affording a fair opportunity to both the parties to prove their respective cases.The single-judge bench of Justice Robin Phukan observed:“It is well settled that right to fair trial is a...

[S.4 POCSO Act] Guilt Can Be Established Based On Victim's Uncorroborated Statement Provided It Is Cogent & Relevant: Gauhati HC

The Gauhati High Court recently upheld a conviction passed by the Trial Court under Section 4 of the POCSO Act, by observing that in case of a sexual offence, the finding of guilt can be recorded even on the basis of an uncorroborated statement of the victim provided the same is cogent and relevant. The single-judge bench of Justice Malasri Nandi noted:“The trial court found the...

High Court Calls For Reports From Neighbouring States Over Measures Taken To Remove Illegal Encroachments In Reserve Forests Near Assam's Borders

The Gauhati High Court recently directed the States of Mizoram, Nagaland and Arunachal Pradesh to file affidavits regarding the measures carried out by them to remove the illegal encroachments in the reserve forest land situated in the inter-state border of these States with the State of Assam. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam passed...

Purchaser Can't Be Punished For Failure Of Seller To Deposit Tax: Gauhati High Court

The Gauhati High Court has held that a purchasing dealer cannot be punished for the act of the selling dealer in case the selling dealer had failed to deposit the tax collected by it.The bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam has observed that the Department is precluded from invoking Section 9(2)(g) of the DVAT to deny ITC to a purchasing dealer who has bona fide...

Gauhati High Court Directs Assistant Commissioner To Release Amount Of Interest On Delayed Excise Duty Refund To GAIL

The Gauhati High Court has directed that assistant commissioner to release the amount of interest on delayed excise duty refund to GAIL India.The bench of Justice Devashis Baruah has observed that the Division Bench writ petition, while disposing of the writ petition, held that Section 11B of the Central Excise Act, 1944 did not exclude a claim of refund made in terms of the notification...

Gauhati High Court Permits Family To Perform Last Rites Of Three 'Hmar Militants' Killed In Contentious Encounter By Assam Police

The Gauhati High Court on Wednesday allowed the family members of three alleged Hmar militants killed in an alleged encounter by the Assam Police last month, to take their bodies. Earlier, the High Court had directed the State of Assam to preserve the bodies of the deceased persons as well as expedite the report of chemical analysis and prepare the final report of the cause of...

[S.163A MV Act] Legal Heirs Of Person Driving Borrowed Vehicle Cannot Claim Compensation For Injury Or Death In Accident: Gauhati HC

The Gauhati High Court recently set aside a judgment of Motor Accident Claims Tribunal which awarded a compensation of Rs. 2,54,000/- to the legal heirs of a deceased person who was driving a borrowed motorcycle, on the ground that a borrower of a vehicle if gets injured or dies in an accident while using a vehicle owned by somebody else, his legal heirs cannot claim compensation under...

State GST Dept. Can't Take Benefit Of Notification Which Is Ultra Vires CGST Act, 2017: Gauhati High Court

The Gauhati High Court has held that the State GST Authorities cannot take the benefit of Notification No. 56/2023-CE, which is also otherwise ultra vires the CGST Act, 2017.The bench of Justice Devashis Baruah has noted that the GST Council has not made any recommendation till date, and in spite of that, the Central Board of Indirect Taxes and Customs issued a Notification bearing No....

Gauhati High Court Directs State To Preserve Bodies Of 'Hmar Militants' Killed In Contentious Encounter By Assam Police

The Gauhati High Court recently directed the State of Assam to expedite the report of chemical analysis and to prepare the final report of the cause of death of three suspected Hmar militants, allegedly killed on July 17 in an extrajudicial execution by Assam Police.The division bench of Justice Kalyan Rai Surana and Justice Soumitra Saikia further directed the State to preserve the dead...