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....

Gauhati HC Directs Govt To Reconsider Case Of Candidates With Experience As Home Guards, SPOs In 2017 Recruitment For Constables Under Assam Industrial Security Force

The Gauhati High Court recently directed the Assam Government to reconsider the case of candidates who had previous experience as Home Guards and then Special Police Officers (SPOs) for the recruitment process of Constables under the Assam Industrial Security Force in 2017, by allotting two marks for such certificates wherein the period of service either as Home Guards or SPOs has not...

Gauhati High Court Dismisses Plea Against Alleged Encroachment Of Waqf Properties In Assam

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Daily Wager Employed By State Without Issuance Of Advertisement Or Selection Process Isn't Entitled To Claim Protection From Retrenchment: Gauhati High Court

The Gauhati High Court single bench of Justice Michael Zothankhuma dismissed a writ petition noting that neither an advertisement was issued, nor any selection process was followed before engaging the employee as an occasional daily wager. It further held that State Bank of India (SBI) is State under Article 12 of the Constitution. Therefore, it would have to make appointments...

Gauhati High Court Seeks Status Report On Pending Cases Against MPs/MLAs From Assam, Nagaland, Mizoram & Arunachal Pradesh

The Gauhati High Court on Wednesday directed the Registrar General of High Court to present a status report with regard to the number of pending cases along with status and stay orders in these cases pertaining to MPs and MLAs in the four states under its jurisdiction namely- Assam, Nagaland, Mizoram and Arunachal Pradesh.The said direction was passed in a suo moto proceeding before the...