Gauhati High Court
Gauhati High Court Directs Railway Tribunal To First Determine Weight Of Goods Loaded At Origin Before Fixing Liability For Short Delivery
The Gauhati High Court on Tuesday set aside the judgment and order passed by the Railway Claims Tribunal, Guwahati Bench which held that the Railway was responsible for short delivery of goods (Superior Kerosene Oil-SKO) on the ground that the Tribunal has not decided the issue as to what was the weight or volume of the goods loaded by the respondent Indian Oil Corporation Ltd. (IOC) at the...
Article 226 | Intra-Court Appeal Not Maintainable Against Single Judge's Order In Criminal Writ Jurisdiction: Gauhati High Court
The Gauhati High Court has recently held that an intra-court writ appeal does not lie against an order or judgment passed by the Single Judge Bench in exercise of the criminal writ jurisdiction under Article 226 of the Constitution of India.The division bench of Chief Justice Sandeep Mehta and Justice Kardak Ete further directed the court rules be clarified to explicitly state that no...
Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam
The Gauhati High Court recently set aside a conviction under the POCSO Act, holding that the statements of the victim were contradictory and no evidence of sexual assault was detected by the medical officer who examined the victim.The single judge bench of Justice Susmita Phukan Khuand noted,“It is true that the consent of the victim is not required in a case under the POCSO Act. In the...
What Is The Fundamental Right To Seek Prayer Room For A Particular Community In Airports? Gauhati High Court Asks
The Gauhati High Court on Friday refused to issue notice on a PIL seeking separate prayer room for the Muslim community at Guwahati airport. A bench comprising Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund asked the petitioner if such a right is guaranteed under Article 25 of the Constitution.“Where does Article 25 give right to any citizen to enforce or seek a writ that...
Gauhati High Court Expresses Displeasure Over State's Delay In Notifying Juvenile Justice Rules & Child Protection Policy
The Gauhati High Court on Friday issued directions to the Assam Government to suggest the names of officials from Department of Women and Child Development as members of a proposed Court appointed Committee to visit various children observation and special homes in the State and report if there is proper implementation of various child protection and children right laws so as to ensure that...
Unauthorised Online Transactions From Bank Account; Gauhati High Court Orders SBI To Reimburse Cybercrime Victim
The Gauhati High Court on Monday directed the State Bank of India (SBI) to reverse an amount of Rs. 4,44,699.17, in the bank account of a cyber-crime victim, which was deducted from their account through several unauthorised transactions. Justice Kalyan Rai Surana concluded that the petitioner likely fell victim to cybercrime due to the origin of the unauthorized transactions in...
Commercial Vehicle Qualifying As 'Light Motor Vehicle' U/S 2(21) MV Act Doesn't Require Driver To Have “Transport” Endorsement: Gauhati High Court
The Gauhati High Court has exempted a commercial vehicle owner from indemnifying its insurer for the compensation paid to a road accident victim on the ground that there was no breach of policy condition merely because the driver did not have license having the ‘Transport’ endorsement. It noted that the concerned vehicle was below 7500 kgs and therefore, a light motor vehicle for...
'Not Graduate On Date Of Application': Gauhati High Court Orders Reinstatement Of Overqualified Peon Who Acquired Degree 3 Days Later
The Gauhati High Court recently set aside the order issued by Punjab National Bank (PNB) through which it cancelled the appointment of a woman as Peon on the assumption that she was a graduate (the graduation and above qualification were not eligible for the said post) on the date of submission of the application form for the said recruitment. The single judge bench comprising Justice...
Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court
The Gauhati High Court recently acquitted two persons who were convicted for the offence of penetrative sexual assault on a minor under Section 4 of POCSO Act on the ground that even though father of the victim had lodged the FIR, he did not alleged any sexual offence.The single bench comprising Justice Susmita Phukan Khaund observed,“Why the father of the victim did not support the victim....
A Decade Later, Gauhati High Court Directs SC Woman Who Was Wrongfully Treated As 'General Category' Be Appointed To Existing/Future Vacancy
The Gauhati High Court has directed the Assam Government to appoint a Schedule Caste Community woman, who was wrongfully denied of her appointment as Ward Girl in the year 2012 by terming her to be a General Category Candidate, in any existing or future vacancy of the said post.The single bench of Justice Sanjay Kumar Medhi observed,“when the petitioner was belonging to the SC category which...
Centre Notifies Appointment Of Judicial Officer From Arunachal Pradesh As Gauhati High Court Judge
The Central Government today notified the appointment of Arunachal Pradesh judicial officer Budi Habung as an Additional Judge of the Gauhati High Court for a period of two years.The notification issued by the Law Ministry reads as follows:“In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Shri Budi Habung, to be...
All Police Stations In Assam Now Have Functional CCTV Cameras: State To Gauhati High Court
The Assam Government on Wednesday informed the Gauhati High Court that installations of CCTV cameras at all Police Stations in the State of Assam have been completed and cameras are functional.The division bench comprising the Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund was further apprised that the recording storage capacity of the Police Stations is 01 month and for...