Gauhati High Court
Kamakhya Temple Corridor: PIL In Gauhati High Court Seeks Protection Of Temple's Original Structure, Notice Issued
The Gauhati High Court on Tuesday issued notice to the Assam government on a PIL seeking that the original structure of Kamakhya Temple not be disturbed with the construction of the proposed 'Maa Kamakhya Temple Access Corridor'.The plea also seeks a direction on the State to not proceed with construction of the Corridor without taking prior approvals and clearance from the Department...
Appointment Of Arbitrator When Claims Not Covered By GCC Would Cause Wastage Of Resources And Time: Gauhati High Court Dismisses S. 11 Application
The Gauhati High Court single bench of Justice Michael Zothankhuma held that while the primary authority to determine non-arbitrability lies with the Arbitral Tribunal, the Court may intervene in manifestly non-arbitrable claims to prevent resource wastage. “To appoint an Arbitrator, even though there is no doubt in the view of this Court that the present dispute is not...
Gauhati High Court Urges State To Notify Child Protection Policy, Rules Under Juvenile Justice (Care & Protection) Act
The Gauhati High Court has urged the State Government to notify the Child Protection Policy and the rules under the Juvenile Justice (Care and Protection) Act by June 24, 2024. The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further showed hope that the High Court appointed Committee shall be able to complete the inspection of all the Child Care...
Employee Of Railways Cannot Be Appointed As Arbitrator, Violates Section 12(1) A&C And Perkins Eastman: Gauhati High Court
The Gauhati High Court single bench of Justice Michael Zothankhuma held the personnel who is the employee of the Indian Railways cannot be appointed as an arbitrator as it would violate Section 12(1) of the Arbitration and Conciliation Act, 1996 and the law laid down in Perkins Eastman Architects DPC & Anr. Vs. HSCC (India) Ltd. Section 12(1) of the Arbitration and Conciliation...
MSMED Act | Conciliation Mechanism Under Section 18 Shall Be Followed To Resolve Payment Dispute: Gauhati High Court Dismisses Writ Petition
The Gauhati High Court single bench of Kaushik Goswami dismissed a writ petition noting that when a dispute arises regarding payment under Micro, Small and Medium Enterprises Development Act, 2006, the mechanism under Section 18 shall be followed to resolve the dispute by way of a conciliation proceeding, failing which arbitration proceeding as prescribed under Section 18 to...
Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court
The Gauhati High Court single bench of Justice Michael Zothankhuma held that panel/appointment of the serving/retired officials of the Railways, as members of the Arbitral Tribunal, is hit by Section 12(5) and the 7th Schedule of the Arbitration and Conciliation Act. “When the General Manager, N.F. Railway himself cannot be made an Arbitrator in view of Section 12(5) and the...
Gauhati HC Directs Consideration Of Plea For Refund By Pilgrims Who Were Given Regular Flights For Haj Pilgrimage Despite Paying For Charetered Flight
The Gauhati High Court recently directed Central Haj Committee to dispose the representations of 137 Haj pilgrims seeking for the refund of the excess flight fare within 90 days, as they were allegedly asked to take normal passenger flight despite paying fare of an international chartered flight from Guwahati to Jeddah, as per the provisions laid down in Section 42 of the Haj Committee Act,...
Gauhati High Court Issues Notification Adopting Practise Directions For Proceedings Initiated Under POCSO Act
The Gauhati High Court recently issued a notification to adopt the practice directions for the proceedings in Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act, 2012 in the High Court and its Outlying Benches. This move by the High Court came in pursuance to an order dated June 23, 2023 in the case of Dipak Nayak v. The State of Assam & Ors. wherein a divison bench...
Gauhati High Court Asks Assam Education Secretary To Furnish Affidavit On Implementation Of RTE Act In Private Schools Of Each District
The Gauhati High Court has recently asked the Assam Government to file affidavits stating the implementation of Section 12(1)(C) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) in each of the districts of Assam.The Court was hearing a PIL regarding non-implementation of Section 12(1)(c) of the RTE Act in the State. It was contended that the State Government...
Gauhati High Court Orders Rs 1 Lakh Compensation, Future Admission To Reserved Category MBBS Aspirant Erroneously Denied Seat
The Gauhati High Court recently directed the State Government to grant admission in MBBS Course at Assam Medical College, Dibrugarh to a OBC Ex-TGL Category candidate in the next academic session, who was initially given admission in the said course and later his name was removed from the revised list of admission, on the ground that the said candidate was illegally deprived of his...
Inclusive Infra, Vocational Training, Interpreters And More: Gauhati High Court Frames 'Equal Opportunity Policy For Persons With Disabilities'
The Gauhati High Court has framed and notified 'Equal Opportunity Policy for Persons with Disabilities' for all the Courts under its jurisdiction. The policy statement dated February 27, 2024 read:“The Gauhati High Court is committed towards eliminating all forms of discrimination (direct and indirect) and harassment and denial of reasonable accommodation to PwDs.”Major Highlights of the...
Retired Govt Servant Not Entitled To Separate Pension Or Gratuity For Period Of Subsequent Re-Employment: Gauhati High Court
The Gauhati High Court on Thursday upheld an order of the Assistant Registrar, NIT Silchar by which a former Lecturer of the NIT Silchar was denied second pension benefit on the ground that she was granted the benefit of voluntary retirement from the post of Assistant Teacher by the Government of Nagaland and subsequently re-employed at NIT. The single judge bench of Justice Lanusungkum...