Gauhati High Court
Gauhati High Court Allows Advocate To Sponsor Education Of Child Born Out Of Sexual Assault
The Gauhati High Court recently allowed an Advocate who voluntarily came forward to pay and take care of the educational needs of a child aged 4+ years who was born out of a sexual offence committed against their minor mother.A single judge bench of Justice Achintya Malla Bujor Barua noted that if the authorities are of the view that the victim child who was born out of the aforesaid offence...
Alongside Embargo Of Section 37 NDPS Act, Undue Delay In Trial Can Be A Ground For Grant Of Bail: Gauhati High Court
The Gauhati High Court recently granted bail to an accused arrested for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) considering that there was no plausible ground to believe that he was guilty of the offence. Allowing the plea of the petitioner-accused, Justice Arun Dev Choudhury observed that alongside the embargo placed by Section 37 of NDPS Act,...
Foreigners Tribunals Declared Almost 85% Proceedees Indian Citizens: Gauhati High Court Directs State To Probe
The Gauhati High Court has directed the Assam Government to conduct a departmental review and take appropriate measures in cases where Foreigner Tribunals had declared proceedees/applicants as citizens of India or foreigners without any analysis of the materials on record or any proper reasoning for such declaration.Upon observing such a trend in orders by the foreigner tribunals merely...
Gauhati High Court Directs State To Pay ₹5 Lakh Compensation To Daughter Of Man Killed By Police During 'Assam Movement' In 1981
The Gauhati High Court recently directed the State Government to pay a compensation of Rs. 5 lakhs under its ex gratia compensation scheme, to the daughter of a man who was killed by the police when he was participating in the Assam movement on November 30, 1981. The claim for compensation had initially been refused on the ground that the said amount had been already disbursed to the brother...
Gauhati HC Says Specially Abled Child Has Right To Have Benefit Of Caregiver, Directs Education Dept To Reconsider Transfer Of His Father
The Gauhati High Court has asked the Director of Secondary Education, Assam to give due consideration to the representation made by one of its official regarding his transfer, on the ground that he is the father of a specially abled child.Justice Achintya Malla Bujor Barua observed that the child has a "legal right" to have the benefit of his care giver father to be with him without any...
Relevant Evidence Not Considered, Gauhati High Court Asks Labour Court To Decide Assam Power Corp Workers' Termination Issue Afresh
The Gauhati High Court has recently set aside the judgment of a single bench which affirmed an award of the Labour Court rejecting claims of certain workmen engaged by Assam Power Development Corporation Limited regarding their unlawful termination.A division bench of Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaundon set aside the order on the ground that photocopies of the...
Assam Services Rules | Pensioner Entitled To Provisional Pension Until Criminal Appeal Attains Finality: Gauhati High Court
The Gauhati High Court has held that a criminal appeal is a judicial proceeding in the context of Rule 22(1) of the Assam Services (Pension) Rules, 1969 ("1969 Rules") and a pensioner is entitled for provisional pension until appeal u/s 374 CrPC attains finality.The Single Judge Bench of Justice Arun Dev Choudhury noted:“Rule 22 (1) of Rules, 1969 provides that when a proceeding...
Gauhati High Court Acquits Man Accused Of Killing Mother & Injuring Brother, Says Incriminating Circumstances Were Not Conclusively Proved
The Gauhati High Court has recently set aside the conviction of a man for allegedly murdering his mother and injuring his brother, on the grounds that incriminating circumstances were not proved beyond all reasonable doubt before the trial court. It was further observed that the allegedly incriminating circumstances did not form a complete chain of events in order to indicate that the accused...
Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant
The Gauhati High Court has set aside an order of the Motor Accident Claim Tribunal, in a case involving the death of an occupant of an insured vehicle due to rash and negligent driving, wherein the tribunal had directed the Oriental Insurance Company ("appellant") to pay compensation to the claimant and subsequently recover the same from the owner of the offending vehicle.A single bench...
Gauhati High Court Aids Candidate Denied Asst Prof Appointment, Says Separate Assessments Cannot Be Made From Same Interview Process
The Gauhati High Court has recently interfered with the appointment of an Assistant Professor in the Department of Microbiology at AIIMS Guwahati on the ground that in a common interview held for the posts of Associate Professor as well as Assistant Professor, two different assessments had been made for the same candidate/petitioner. Petitioner had argued that, as a result of the...
Centre Notifies Appointment Of Justice Lanusungkum Jamir As Gauhati High Court's Acting CJ
The Central Government on Thursday appointed Justice Lanusungkum Jamir as the Acting Chief Justice of the Gauhati High Court. The said appointment of the Justice Jamir came after the elevation of the Chief Justice Sandeep Mehta as a Judge of the Supreme Court. “In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri...
Centre Notifies Appointment Of Adv. Unni Krishnan Nair As Additional Judge Of Gauhati High Court
The Central Government has notified the appointment Adv. N. Unni Krishnan Nair, Advocate as an Additional Judge of Gauhati High Court. The Supreme Court Collegium consisting of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, had recommended Adv. N Unni Krishnan Nair on 18th October. The Chief Justice of the Gauhati High Court in...