Gauhati High Court
Duty Of Courts To Examine And Reject Time Barred Claims To Prevent Parties From Being Drawn Into Costly Arbitration Processes: Gauhati High Court
The Gauhati High Court bench of Justice Michael Zothankhuma has held that it is the duty of courts to examine and reject time-barred claims to prevent parties from being trapped in protracted and costly arbitration processes. Brief Facts: The Petitioner approached the Gauhati High Court (“High Court”) and filed an application Section 11(6) of the Arbitration and Conciliation...
Gauhati High Court Directs Assam Govt To Apprise It Of Steps Taken To Deal With Problem Of Water-Logging In Gauhati City
The Gauhati High Court on Monday asked the Assam Government to apprise it within 10 days, about the steps that have been taken by the State to deal with the problem of water logging in the Guwahati city.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL raising the issue regarding the water logging in Guwahati City during the monsoon season.The...
Able-Bodied Husband Who Can Support Himself Is Bound To Support Wife; Not Having A Job/ Business No Excuse: Gauhati HC
The Gauhati High Court has recently observed that if the husband is healthy, able-bodied and in a position to support himself, he is under the legal obligation to support his wife. A bench of Justice Malsari Nandi added that the husband's plea that he does not have the means to pay because he does not have a suitable job or business is a “bald” excuse that is not acceptable...
Confessional Statement Not Signed Or Proved By Magistrate Who Purportedly Recorded It Can't Be Treated As True U/S 164 CrPC: Gauhati High Court
The Gauhati High Court at Kohima recently set aside a rape and murder conviction on the ground that the trial court convicted and sentenced the accused to undergo life imprisonment solely basing on the unsigned and unproved confessional statement.The division bench of Justice Sanjay Kumar Medhi and Justice Budi Habung observed,"The document which has not been signed or proved by...
Gauhati High Court Dismisses Plea Challenging 2015 APSC Recruitment For Lecturers In Nursing Colleges
The Gauhati High Court recently dismissed a writ petition challenging the recruitment process initiated in the year 2015 by the Assam Public Service Commission (APSC) for different posts of Lecturers in the Nursing Colleges of Assam, on the ground that said grounds of challenge structured is both legally and factually untenable. The single judge bench of Justice Sanjay Kumar Medhi...
Gauhati High Court Sets Aside Order Directing Railways To Pay Compensation For Death Of Man While Crossing Unmanned Railway Crossing, Cites Driver's Negligence
The Gauhati High Court on Tuesday set aside the judgment of a Motor Accident Claims Tribunal which directed the NF Railways to pay a compensation of Rs. 4 Lakhs to the representatives of a deceased person who died in an accident where his vehicle was hit by a train while trying to cross one unmanned Railway crossing, on the ground that the accident happened due to the negligence of the driver...
Gauhati High Court Sets Aside Conviction Of Accused For Allegedly Murdering Wife, Says Evidence Didn't Point Towards Hypothesis Of Guilt
The Gauhati High Court recently set aside the conviction of an accused, who was convicted under Section 302 of IPC by the Trial Court for the murder of his wife, on the ground that the prosecution was unable to lead evidence which had unerringly pointed towards the guilt of the said accused.The division bench comprising Justice Manish Choudhury and Justice Robin Phukan...
Long-Term Capital Gains Exempted From Income Tax, Non-Disclosure Doesn't Amount To Loss Of Revenue: Gauhati High Court
The Gauhati High Court has held that the long-term capital gains are exempt from income tax, and the non-disclosure while computing the long-term capital gains cannot result in causing prejudice to the department.The bench of Justice Kaushik Goswami has observed that the Principal Commissioner of Income Tax has initiated the proceedings simply on the basis of the proposal of the...
Advocate Rinima Begum Murder Case| 'Sessions Court Ignored Relevant Materials': Gauhati HC Cancels Bail Granted To 2 Men
The Gauhati High Court cancelled the bail granted by the Sessions Court to 2 men in connection to the Barpeta Advocate Rinima Begum Murder case of 2022. A bench of Justice Robin Phukan observed that while granting bail to the accused, the Sessions Judge did not discuss the existence of a prima facie case, the nature of the accusation, the severity of punishment, apprehensions of...
[Police Station Arson Case] Rs. 30 Lakh Compensation Paid To Accused Whose Houses Were Demolished: Assam Govt Tells High Court
The Assam Government on Wednesday informed the Gauhati High Court that a compensation of Rs. 30 Lakhs has been paid to six affected persons whose houses at Batadrava in Nagaon district were demolished by the local Police in May, 2022.The said affected persons are accused of arson in Batadrava Police Station in May, 2022 and their houses were allegedly bulldozed in the aftermath of the fire.As...
Gauhati High Court Closes PIL Challenging Non-Completion Of Augmentation Of Greater Diphu Water Supply Scheme
The Gauhati High Court recently closed a PIL raising the grievance regarding non-completion of the 'Augmentation of Greater Diphu Water Supply Scheme in Karbi Anglong District', by observing that the Assam Government has already approached the Central Government for the purpose of providing fund for implementation of the aforesaid Water Supply Scheme and the matter is now under...
Gauhati High Court Voids Provision Imposing 7% Ad Valorem Duty On Court Fees For Grant Of Probate Or Letters Of Administration Over Properties Exeeding ₹5 Lakh In Value
The Gauhati High Court on Tuesday held that Article 11 of Schedule I of the Court Fee (Amendment) Act, 1950 in respect of levy of Court fee for grant of probate or letter of administration at the rate of 7 percent ad valorem where the value of properties exceeds Rs.5 Lakhs without there being any upper limit fixed, as unconstutional and violative of Article 14 of the Constitution of India....