Gauhati High Court
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...
Gauhati High Court Sets Aside Appointment Of Department's Joint Director's Daughter Selected Solely On Basis Of Viva
The Gauhati High Court recently quashed an appointment order of a Senior Treatment Supervisor (STS) on the ground that the said appointment was made solely on the basis of marks obtained by the candidate in the viva voce and therefore illegal.The division bench comprising the Chief Justice Sandeep Mehta and Justice Kardak Ete observed:“The Hon’ble Supreme Court in the case of Praven...
Suspension Takes Effect From Date Of Passing Such Order, Failure To Review It In 90 Days Fatal: Gauhati High Court
The Gauhati High Court recently set aside the suspension of an engineer posted with the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) on the ground that review of the said suspension order was not done within the mandatory period of 90 days, as required under the law.The single judge bench of Justice Sanjay Kumar Medhi observed that there is no dispute that...
Gauhati High Court Directs Govt To Appoint ICU Technicians Selected During Covid-19, Says Their Need In Hospitals Will Never Be Reduced
The Gauhati High Court recently set aside the judgement passed by the single judge of the High Court which denied to issue a mandamus in favour of nineteen ICU Technicians, who were appointed during Covid-19 pandemic in the year 2020, for permanent appointment as a consequence of the Select List against the advertised posts, on the ground that the Select List in question was never cancelled...