Gauhati High Court
Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC
The Gauhati High Court on Saturday granted bail to suspended ACS officer Rakesh Das, accused of using illegal means to increase his marks by inserting fake answer script in Combine Competitive Examination 2013, conducted by Assam Public Service Commission (APSC).The single judge bench of Justice Robin Phukan observed that in the present case, the provision of Section 41A of CrPC has not...
Gauhati High Court Sets Aside Family Court's Interim Maintenance Order Passed In Absence Of Affidavits Disclosing Parties' Asset & Liabilities
The Gauhati High Court recently set aside a Family Court order directing a husband to pay interim maintenance of Rs. 5,000/- per month to his wife, on the ground that both the parties have not submitted the affidavits disclosing the assets and liabilities in the proceeding before the Family Court.The single judge bench of Justice Robin Phukan observed:“Here in this case, having gone through...
High Court Hails Assam Govt For Preparing Draft Child Policy, Social Audit Process Covers Requirements Of JJ Act, POCSO And Child Protection Act
The Gauhati High Court has welcomed the move of the Assam Government for formulating draft Child Policy and designing social audit process to cover requirements of three Acts namely Juvenile Justice (Care and Protection) Act, Child Protection Act, and POCSO Act so that there is due compliance of the relevant provisions in the said Child Policy.The division bench of Justice Kalyan Rai Surana...
Gauhati High Court Stays SCN Seeking Reversal Of ITC On Account Of Default At Supplier's End
The Gauhati High Court has granted the interim stay of Show Cause Notice in the case of Surya Business Private Limited, seeking reversal of ITC on account of default at the supplier's end.The bench of Justice Manish Choudhury has observed that the petition challenging the Show Cause Notice seeking reversal of ITC requires further examination and directed that the department shall not act upon...
'Torn Jeans, Pyjamas Next?' Gauhati High Court Pulls Up Lawyer For Justifying Wearing Jeans In Court
The Gauhati High Court recently refused to modify/alter an order passed by it in January 2023 by which it directed the police to remove a lawyer from the High Court campus after he appeared before the Court wearing a jeans pant in a pre-arrest bail application matter.The single judge bench of Justice Kalyan Rai Surana observed:“It appears that by virtue of this interlocutory application,...
Justice Vijay Bishnoi Sworn In As Chief Justice Of Gauhati High Court
On February 5, Justice Vijay Bishnoi sworn in as the Chief Justice of Gauhati High Court.The Assam Governor Gulab Chand Kataria administered the oath of office to Justice Bishnoi. Assam Chief Minister Himanta Biswa Sarma, Assembly Speaker Biswajit Daimary and several other dignitaries were present at the oath taking ceremony held at Raj Bhavan. It is to be noted that the Supreme Court...
Gauhati High Court Directs Nagaon District Admin To Take Effective Steps To Prevent Unauthorised Buffalo Fight Upon PETA's Representation
The Gauhati High Court recently directed the State government to look into a representation seeking to stop an event of buffalo fight (Moh-juj) which was scheduled to be held on February 04 in Assam's Hatigarh. The development ensued in a writ petition filed by People for the Ethical Treatment of Animals (PETA) India challenging a notification dated December 27, 2023 issued by the...
Litigant's Caste/ Religion Not To Be Mentioned In Court Filings: Gauhati High Court
The Gauhati High Court on January 30, 2024 issued a notification with immediate effect by which it directed that the caste/religion of a litigant will no longer be required to be mentioned in the memo of parties in any petition/suit/proceeding filed before the Gauhati High Court or the courts under its jurisdiction. This move by the Gauhati High Court came after the order dated January 10,...
Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings
The Gauhati High Court has set aside an order passed by the Commissioner of Workmen's Compensation which awarded a compensation of Rs. 3,74,364/- to a driver who allegedly lost vision in one eye in an accident, on the ground that no qualified medical practitioner was examined to assess the loss of earning capacity of the claimant in relation to his injuries and disability certificate was...
PDS License Cannot Be Cancelled Unless Show Cause Notice Explicitly Intimates Licensee Of Prospective Cancellation: Gauhati High Court
The Gauhati High Court has made it clear that a show cause notice issued to a license holder under the Assam Public Distribution of Articles Order, 1982 would be insufficient to cancel the license if the notice does not explicitly mention cancellation as a consequence to failure to submit an adequate reply.The single judge bench of Justice Devashis Baruah observed:“A perusal of Clause 15(2)...
High Court Issues Notice To Assam Govt In Plea Challenging Socio-Economic Survey Of 'Indigenous Muslims' For Implementing 'Welfare Schemes'
The Gauhati High Court on Monday issued notice to the Assam Government in a PIL challenging the Recommendations of the Sub-Committee on 'Cultural Identity of Indigenous Assamese Muslims' and the Cabinet decision to conduct a socio-economic survey of the five sub-groups (Syed, Goriya, Moriya, Deshi and Julha) which are identified as the indigenous Assamese speaking Muslims by the...
When Functional Disability Assessed At 50%, Loss Of Earning Capacity Cannot Be Assumed As 100%: Gauhati HC Directs Re-Assessment Of Accident Compensation
The Gauhati High Court has set aside an order of the Commissioner, Workmen's Compensation, Golaghat which directed the Insurance Company to pay Rs. 4,99,152/- a driver who suffered injuries as a result of an accident, on the ground that the Commissioner has erred in assessing the amount of compensation by erroneously accepting the loss of earning capacity of the claimant to be 100% in...