Gauhati High Court
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...
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...