Gauhati High Court
Local NGOs Can't Lock House Of Person For Alleged Liquor Law Violation, May Only Assist Law Enforcement: Gauhati High Court
The Gauhati High Court has held that local NGOs cannot take the law into their own hands by locking the house of a person alleged to have violated the Mizoram Liquor (Prohibition) Act, 2019.Justice Nelson Sailo observed,“The local NGOs may assist the law enforcing agencies in carrying out the purpose of the Act of 2019 but it would be not permissible for them to take the law into their...
Trivial Domicile Error Without Undue Advantage Cannot Justify Cancelling Appointment: Gauhati High Court
A Division Bench of the Gauhati High Court comprising Justice Robin Phukan and Justice Yarenjungla Longkumer held that a trivial, inadvertent, and bona fide error in an application that does not affect eligibility or provide any undue advantage is not a valid ground to cancel a candidature or appointment. Background Facts The respondents had applied for the post of Constable (GD)...
Convicts Must Be Informed Reasons For Rejection Of Remission, Right To Challenge Order: Gauhati High Court
The Gauhati High Court on Wednesday (September 2) directed the States of Assam, Nagaland, Mizoram and Arunachal Pradesh to file affidavits stating the number of convicts whose remission applications have been rejected and whether the reasons for such rejection have been communicated to them. A Division Bench comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita was hearing a...
Centre Notifies Appointment Of Two Additional Judges At Gauhati High Court
The Central Government on Tuesday notified the appointment of an advocate and a judicial officer as additional judges of Gauhati High Court.Union Law Minister Arjun Ram Meghwal took to X to notify the appointments:"In exercise of the powers conferred by the Constitution of India, in consultation with Chief Justice of India, the President is pleased to appoint the following...
Gauhati High Court Orders ₹2 Lakh Compensation For Woman Expelled To Bangladesh Without Serving Foreigners Tribunal Order
Court said Foreigner's Tribunal "wilfully delayed" issuing certified copy of order to ensure she is removed, which displayed "malice in law".
Mizoram Police Press Release On Murder Probe Violated Media Briefing Protocol, Triggered Mob Violence: Gauhati High Court
The Gauhati High Court has held that a Mizoram Police press release issued during an ongoing murder investigation violated the prescribed media briefing protocol by disclosing evidence theories, forensic details and investigative tactics and divulged details which were prohibited. Justice Rajesh Mazumdar observed that the disclosure “admittedly and obviously led to public outrage and...
Registering Authority Becomes Functus Officio Once Sale Deed Is Registered, Cannot Cancel It: Gauhati High Court Reiterates
The Gauhati High Court has reiterated that once a sale deed is registered, the Sub-Registrar or Registrar becomes functus officio and has no power to cancel or reopen the registration. A registered sale deed can be cancelled only by a competent Civil Court.Justice Anjan Moni Kalita observed, “a sale deed once registered by competent authority, i.e. the Sub-Registrar or the Registrar, the...
Long Occupation Of Govt Land Doesn't Create Right To Settlement Under Assam Settlement Rules: Gauhati High Court
The Gauhati High Court has held that merely being in occupation of Government land for a long time does not confer any right to have the land allotted, and at best the occupant may be considered for allotment subject to the land policy and public interest.Justice Devashis Baruah observed, “This Court also cannot turn a blind eye to the fact that merely being in occupation of Government...
Gauhati High Court Clubs 4 FIRs Over Alleged ₹80-Crore Skill-Training Fraud Involving 20,000 Fake Beneficiaries
The Gauhati High Court has clubbed four FIRs arising from allegations of an ₹80-crore skill development fraud involving more than 20,000 alleged fake labourers or beneficiaries, after finding that the allegations in all four FIRs were the same. Justice Anjan Moni Kalita observed, “In view of the aforesaid facts, this Court is also of the opinion that allowing four FIRs to independently...
Blacklisting Can't Be Based Merely On Prima Facie Satisfaction From FIR, Chargesheet & Cognizance: Gauhati High Court
The Gauhati High Court has held that blacklisting or debarment, which entails the consequence of a “civil death” to a contractor, cannot be based merely on a prima facie satisfaction and must follow an independent assessment of the available material by the competent authority.Justice Devashis Baruaah observed, “A drastic measure of blacklisting which entails the consequence of a...
Muslim Law Doesn't Recognize Joint Family, Brother Can't Sell Land Belonging To Minor Siblings: Gauhati High Court
The Gauhati High Court has reiterated that under Muslim Law interest of each heir is separate and distinct wherein the brother of four minor siblings cannot act as their guardian and sell off land belonging to the minors as under this law theory of representation or joint family is not recognized. In doing so the court upheld the plaintiff's possession over a land parcel for 30-33 years,...
Building Partly On Govt Land: Gauhati High Court Says Extent Of Demolition & Compensation Must Be Decided By Civil Court
The Gauhati High Court has held that the question of whether a building was damaged during an eviction drive, the extent of such demolition and the compensation payable for the loss cannot be determined in writ proceedings and must be adjudicated by a competent civil court on the basis of evidence.Justice Devashis Baruah made the observation while dealing with a writ petition seeking...