Gauhati High Court
Guwahati Grenade Blast 2019 | High Court Grants Bail To UAPA Accused In Custody For Over 4.5 Years Citing Insufficient Evidence
The Gauhati High Court last week granted bail to one Indra Mohan Borah, who has been booked under the stringent Unlawful Activities Prevention Act (UAPA) for his alleged involvement in the 2019 grenade blast that occurred near the Guwahati Central shopping mall which left 12 people injured. A bench of Justice Michael Zothankhuma and Justice Malasri Nandi granted him bail noting that...
Industrial Units Can't Be Discriminated For Budgetary Support Based Turnover: Gauhati High Court
The Gauhati High Court recently held that the exclusion of industrial units who were eligible to avail benefits under the NEIIPP, on the classification that they did not pay Central Excise Duty either because their annual turnovers were below the threshold limit of 1.5 crores or that they had produced items which were already exempted, cannot be permitted to be a ground to deny the benefits...
High Court Directs Assam University To Consider Lateral Entry Of Candidates From B-Voc To B-Tech Courses As Per AICTE Guidelines
The Gauhati High Court has recently directed the Registrar of Assam University, Silchar to consider the admission of two students, who have passed the Bachelor of Vocation (B. Voc.) from the said University, in a course for B. Tech. (Lateral) in Agricultural Engineering as per the AICTE rules. The single-judge bench of Justice N. Unni Krishnan Nair observed:“In terms of the order...
Supreme Court Collegium Recommends Appointment Of Two Women As Gauhati HC Judges
The Supreme Court collegium has recommended the appointment of Shamima Jahan, an advocate, and Yarenjungla Longkumer, a judicial officer, as judges of the Gauhati High Court.The collegium comprising Chief Justice DY Chandrachud, and Justices Sanjiv Khanna and BR Gavai has passed a resolution which reveals that the names have been suggested on the strength of the high court collegium's May...
Consideration For Promotion Facet Of Fundamental Right, Can't Deny Promotion To Eligible Candidates If Vacancies Available: Gauhati High Court
The Gauhati High Court has directed the Department of Fishery, Government of Assam to consider the representation of a retired In-Charge District Fisheries Development Officer (DFDO) for promotion to the post of DFDO on merit regarding the position obtaining on the date of his retirement from service and pass an appropriate order within 3 months. The single-judge bench of Justice Suman...
Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction
The Gauhati High Court has set aside the conviction and sentence imposed on a man, for committing the alleged offence of rape against a minor under Section 376 of IPC, by the Trial Court on the ground that the evidence of the victim is not similar to the deposition of her younger sister before the court and the evidence of the medical officer who examined the victim does not indicate any...
Gauhati High Court Directs State To Provide Medical Care & Financial Assistance To Girl Who Was Left Bedridden Due To Rare Complication After Vaccine
The Gauhati High Court recently directed the State to pay a monthly stipend at the rate as applicable to unskilled workers under the Minimum Wages Act, 1948 to take care of her daily needs and a monthly sum of Rs. 3700/- for engaging a caretaker till her life, to a minor girl who is suffering from Acute Disseminated Encephalomyelitis (ADEM), a permanent disability, which is a rare...
Gauhati High Court Grants Bail To Army Major Accused Of Torturing Minor Domestic Help
The Gauhati High Court has granted bail to Major Shailendra Kumar Yadav, who, along with his wife, was arrested in September for allegedly torturing their minor domestic help.Justice Susmita Phukan Khaund observed, “Indeed, there are incriminating materials against the petitioner and his wife. The photographs clearly reveal that the victim was subjected to extreme cruelty, but fortunately,...
Gauhati High Court Directs Assam Police To Pay ₹5 Lakh Compensation To Advocate For Handcuffing Him Without Just Cause
The Gauhati High Court on Wednesday directed the Assam Police to pay a compensation of Rs. 5 Lakhs to an Advocate for handcuffing him without just cause. The single judge bench of Justice Devashis Baruah observed that the act of police to handcuff the said advocate without just cause violates the mandate of Article 21 of the Constitution of India.“…..the Petitioner is an Advocate...
Gauhati High Court Sets Aside Murder Conviction Upon Finding Accused Was Of Unsound Mind, Directs Production Before Mental Health Review Board
The Gauhati High Court on Monday set aside the conviction of a man under Section 302 of IPC passed by the Trial Court on the ground that he was of unsound mind at the time of the incident and was not capable of understanding the consequences of his action.While setting aside the conviction, the division bench of Justice Michael Zothankhuma and Justice Malasri Nandi observed:“…….we are...
'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction
The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed:“……considering the fact that the testimony of the victim girl while she has...
Gauhati High Court Allows Candidate Whose Written-Answer Sheet Was Rejected For Containing Two Ticks On One Answer To Appear In Viva-Voce
The Gauhati High Court has allowed a candidate whose answer scripts were rejected for containing two tick marks against a single answer, to appear in the viva voce of the examination.It was held that the reasons for the rejection of the written answer script in the exam for the post of Sub-Inspector in the Food and Civil Supplies Department were a result of certain acts on the part of...