Gauhati High Court
Customary Court Can't Enlarge Strength Of Bench After Hearing Ends Or Back Date Its Orders: Gauhati High Court
The Gauhati High Court has held that an Inter-Village Territorial Customary Court cannot enlarge its forum after the conclusion of hearing or retrospectively date a later decision without granting a fresh hearing.Justice Budi Habung presiding over the case, observed, “Such enlargement of the forum after conclusion of hearing and retrospective dating of a later decision without further...
Female Transgenders Can't Be Put Through Rigours For Male Candidates: Gauhati High Court Suggests To State For Reservation Policy
Dealing with a PIL challenging an allegedly discriminatory police recruitment advertisement where seats allocated to transgender persons were clubbed with male candidates, the Gauhati High Court has suggested that female transgenders cannot be put through the same rigours as the male candidates.The impugned advertisement was published by the Police Department for recruitment of...
Arrested At 1AM In Violation Of CrPC Safeguards, Gauhati High Court Grants Bail To Woman After 2.5 Years In Custody
The Gauhati High Court recently granted bail to a woman doctor, booked for ill-treating her foster child, after finding that she had been arrested at night without prior permission of the Judicial Magistrate of the first class, in violation of the mandatory safeguards prescribed under the Code of Criminal Procedure.Dr. Sangeeta Dutta was arrested in 2023 along with her husband Dr. Walliul...
“Rights Are Meaningful Only When Citizens Know How To Exercise Them”: Mizoram Governor In Constitution Day Programme At Gauhati High Court
“Rights are meaningful only when citizens know how to exercise them. Duties are effective only when people are aware of their importance,” Mizoram Governor General (Dr) Vijay Kumar Singh (Retd) said on Wednesday (November 26) during the Constitution Day programme at the Aizawl bench of Gauhati High Court.As per the press release by the Mizoram Raj Bhavan, speaking at the gathering,...
Promotion After Retirement Can't Extend Service, But Notional Monetary Benefits Allowed Till Superannuation: Gauhati High Court
The Gauhati High Court has held that extension of service on the basis of a promotion recommended after superannuation is not permissible in law and that such recommendation cannot be given effect to once the employee has already retired. A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, said, “Thus, giving the appellant an extension of his service...
Differently Abled Child Entitled To Care Of Both Parents: Gauhati High Court Orders Reconsideration Of Army Major's Joint Posting Request
In a matter where an Indian Army officer sought reconsideration of his transfer on account of his minor son having autism, the Gauhati High Court held that a differently abled child is entitled, as a matter of legal right, to have caregiving parents near him, and directed the authorities to reconsider the request for joint posting of the parents.The ruling was delivered by Justice Kardak Ete,...
POCSO Victim's Testimony Loses Credibility When DNA Report Rules Out Accused As Biological Father: Gauhati High Court
The Gauhati High Court has held that when a DNA report conclusively rules out the accused as the biological father of the child born to the prosecutrix, the victim's testimony loses credibility.A division bench of Justice Michael Zothankhuma and Justice Mitali Thakuria reiterated that the presumption under Section 29 of the Protection of Children from Sexual Offences (POCSO) Act operates...
CGST Rules | GST Registration Can Be Restored After Expiry Of Revocation Period If Rule 22(4) Conditions Are Fulfilled: Gauhati High Court
The Gauhati High Court has held that GST Registration can be restored even after expiry of the revocation period if the assessee complies with Rule 22(4) CGST (Central Goods and Services Tax Rules), 2017 requirements. The Single Bench, consisting of Justice Sanjay Kumar Medhi, opined that if the assessee submits such an application and complies with all the requirements as provided...
Gauhati High Court Upholds Exclusion Of Army Personnel's Wards From Nagaland's Central Pool MBBS Quota
The Gauhati High Court refused relief to a medical aspirant who was denied seat allocated to the Nagaland government under the Central Pool MBBS quota, despite qualifying the cut off.The aspirant had challenged state government's 2021 notification as per which she was disentitled to one of the 42 seats allocated to the State under the Central Pool. A single bench had allowed her plea and...
Remarks On Assam CM | Gauhati High Court Extends Interim Protection Granted To Journalist Abhisar Sharma Till November 17
The Gauhati High Court today extended till November 17 the interim protection granted earlier to journalist Abhisar Sharma in connection with an FIR registered against him over his alleged remarks accusing Assam Chief Minister Himanta Biswa Sarma of pursuing communal politics. A bench of Justice Shamima Jahan extended the relief for Sharma as the state did not produce the case...
Gauhati High Court Grants Anticipatory Bail To Man Accused Of Passing Fake Input-Tax Credit Worth ₹199.31 Crores
The Gauhati High Court has granted anticipatory bail to the accused of passing fake ITC worth Rs. 199.31 crores, which was passed to 58 firms across 11 States using fabricated invoices totalling Rs. 658.88 Crores. Justice Kardak Ete was dealing with the case where the accused persons, led by Ashutosh Kumar Jha, had created a fictitious firm, M/s Siddhi Vinayak Trade Merchants,...