Two Parallel Proceedings In Respect Of Same Period Not Permissible As Per CGST/SGST Act: Gauhati High Court

The Gauhati High Court has held that two parallel proceedings in respect of the same period are not permissible as per the CGST/SGST Act.The bench of Justice Manish Choudhury has observed that Section 6 of the CGST/SGST Act, more particularly Section 6(2), indicates that once a proceeding is initiated in either of the two Acts, another proceeding for the same period under the other Act cannot...

[Disability Pension] No Qualifying Service Needed To Claim Pension, Burden To Prove Disconnect Between Disease & Service Lies On Employer: Gauhati HC

The Gauhati High Court recently set aside the orders by which the claim of an Ex-Rifleman (Assam Rifles) for disability pension was rejected by the Director General (Assam Rifles), on the ground that the said orders are illegal and arbitrary which violates the legal right of the said Rifleman under Rule 3(A) of the CCS (Extraordinary Pension Rules), 1939.The single-judge bench comprising...

Will Implement Remedial Measures To Check Illegal Mining Activities In Dehing Patkai Elephant Reserve: Assam Govt Assures High Court

The Gauhati High Court on Tuesday was informed that the Assam Government has decided to implement, in phased manner, the recommendations and the remedial measures suggested by the One-Man Enquiry Commission for the purpose of checking the illegal mining activities in the Dehing Patkai Elephant Reserve at Patkai Hills.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam...

[S. 489B IPC] Gauhati High Court Sets Aside Conviction Of Man For Using Counterfeit Currency Without Knowing, Says No Mens Rea

The Gauhati High Court on Tuesday set aside the conviction and sentence order of a man passed by the Trial Court under Section 489B (Using as genuine, forged, or counterfeit currency notes or bank notes) of IPC, on the ground that the prosecution has failed to prove the mens rea of the accused-appellant necessary to constitute an offense under the said provision. While setting aside...

Conditions U/S 42 NDPS Act Don't Apply To Search Of Private Vehicle 'In Transit': Gauhati High Court Denies Bail

The Gauhati High Court recently said conditions under Section 42 [Power of entry, search, seizure and arrest without warrant] NDPS Act of 'recording reasons for belief' and 'taking down of information received in writing' do not apply to search of a private vehicle 'in transit'. While denying bail to an accused intercepted driving a truck from which contraband in commercial quantity...

S.106 Evidence Act | Burden Of Proof Can't Be Shifted On Accused When Multiple Witnesses To Crime Present: Gauhati High Court

The Gauhati High Court recently set aside a murder conviction stating that accused has a right to remain silent and the burden of proof cannot be shifted upon the accused by applying Section 106 of the Indian Evidence Act, 1872 when multiple witnesses to the crime were present.Section 106 stipulates that when any fact is especially within the knowledge of any person, the burden of proving...

Gauhati High Court Stays Eviction Notices Issued To 43 Families On Bharalu River Bank Claiming Refugee Status

The Gauhati High Court recently stayed the eviction notices issued by the Assam Government to 43 families who are living on the bank of Bharalu river, by observing that on the basis of the documents annexed with the writ petition regarding their refugee status, the petitioners have been able to make out a prima facie case for interim protection.The single judge bench of Justice Manish...

"High Court Not Equipped To Conduct Enquiry, File Criminal Case": Gauhati HC Dismisses PIL Alleging Corruption In PM 'Krishak Sinchayee Yojana'

The Gauhati High Court recently dismissed a PIL which alleged rampant corruption in implementation of the Central Government funded schemes such as Pradhan Mantri Krishak Sinchayee Yojana – Per Drop More Crop (PMKSY-PDMC).The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam noted that the High Court is not equipped for conducting an enquiry into the allegations...

Gauhati High Court Disposes PIL Seeking 80% Job Reservation For Assamese People, Says Issue Under Consideration Of State Govt

The Gauhati High Court on Wednesday disposed of a PIL which contested that despite the Assam Accord executed between the stakeholders and the then Prime Minister of India, on August 15, 1985, certain promises made in the Assam Accord have not been complied with till date.The division bench comprising the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed that the issues raised in...

Court Not Mere Post Office U/s 11(6) A&C Act, Has Power To Decide Arbitrability By Prima Facie Analysis: Gauhati HC

The Gauhati High Court single Judge Justice Michael Zothankhuma has rejected the notion that it is a mere post office under Section 11(6) of the Arbitration and Conciliation Act, 1996, obligated to appoint an arbitrator without considering obvious legal infirmities. The single-judge held that the court under Section 11(6) of the Arbitration Act decides the arbitrability of the dispute...

Arbitration Commences When Arbitral Tribunal Is Constituted, Not When Party Gives Receipt Of Claim: Gauhati High Court

The Gauhati High Court single bench of Justice Sanjay Kumar Medhi held that the commencement under Section 21 of the Arbitration and Conciliation Act, 1996 does not arise unless an Arbitration Tribunal is constituted. It held that the arbitration does not automatically commence when the other party gives receipt of the claim. Brief Facts: The dispute arose when the Badri Rai...

Gauhati HC Impleads State's Social Justice Dept In Plea Seeking Medical, Physical Test Criteria For Transgender Candidates In Police Recruitment

The Gauhati High Court recently impleaded and issued notice to the Social Justice and Empowerment Department, Assam as a party respondent in a PIL filed by Assam Transgender Association seeking a direction to the Assam Police to republish and amend the advertisement and be directed to formulate a suitable criteria and options in the physical test, medical test etc. for recruitment of...